Hi. Barclays has failed to respond to the court directions to submit a response to my court bundle. They are two weeks overdue. Court hearing is for 3 September. Can I write to the court and request the defense be struck out and judgement be awarded in my favour due to non-compliance of the 14-day response period? Can anyone point out any links to suitable templates? Or can I just write a simple letter to the court? Advice would be much appreciated. Thanks in advance. chris0709

Hi. It's best to call the court for directions if unsure about the time frame. I've submitted my court bundle. The court specified a 14-day response for barclays in their draft order for directions. It's now two weeks overdue. My court date is for 3 September, but I plan to ask the court to strike out the defense and award judgement in my favour based on their failure to comply with the court's order. Can anyone give me a link to a suitable template? Thanks, and all the best. chris0709

Hi conchy_joe. Were you informed you will have to pay a court fee for the allocation questionnaire? Call the court to find out. I don't have any experience of calling the Barclay's litigation team. If your calls are not being returned, just follow the court directions in your letter. You should receive a letter from court listing Barclay's defense. Scary legal jargon but standard bluffing so don't worry - you're in the right place to get advice. Check out some of the other threads to get more specific info. All the best. chris0709

Thanks for responding guys. Letter says the district judge "has considered the statements of case and allocation questionnaires filed (didn't fill out one though as previous court letter said this was dispensed with) and allocated claim to the small claims track". And also, "See attached Order for Directions". Here it says: "The claimant shall within 14 days of service of this order send to the defendant and to the court" ...(lists the standard court bundle documents), then, "If the claimant fails to comply with this order, the claim will be struck out without further order". I called the court to clarifly the deadline for submission and spoke with a secretary who confessed she didn't really know the procedure but to submit the documents 2 weeks after the date on the court hearing letter. I hear your argument about 14 days before the hearing, but the second half of the order says the Defendant shall within 14 days thereafter (of receiving my docs) file and serve a response to the claimants schedule". Or are you implying that only the court need receive these documents 14 days before the hearing? A main worry is: will I be OK with the not-so-specific particulars of claim I filed? Thanks in advance.

Hi. It's taken me ages to get here. Hope someone can help. My court date is 3 September (a pain - why so far off when I issued my claim on 3 April?) I've got 2 days to submit my court docs (draft order for directions) to Brentford county court. I've printed out the basic court bundle, but I'm worried about a few issues. This is my POC statement: "I am claiming a refund of disproportionately high o/d charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. I am also asking for interest on these charges to the sum of £250.00 which is a conservative amount for the overall sum charges of £2960.00 I've paid in overdraft penalty charges since February 2000" (schedule of charges list from feb 2001 however). 1. I filed my MCOL before I joined this site and l think this was a reason the defense urged the court to strike out my claim due to my particulars of claim not specifying account details/particulars (I have since written a pre-trial letter to Barclays solicitor (Adrian St John), enclosing my schedule of charges, and urging an out of court settlement. No response to date (a month ago). Can my case be struck out on this basis? I've read in some threads that this can happen. Should I fill out a N244 form to restate my POC? I really can't afford to pay anymore court fees as I'm heavily in debt and currently consulting with a debt solicitor. 2. Is it absolutely imperative that I submit a copy of Barclays Terms and Conditions? I'd need one for 1993. I can't find mine and won't meet the submission deadline if I write to Barclays requesting this. 3. Finally, should I submit a copy of Barclays' "without any admissions of liability" settlement offer of £1000.00? I never responded directly to this, although I mentioned in a letter to their barclayloan section that I'd accept it if I could pay lower monthly repayments. They wrote back about not being able to tie these two in as they were separate issues. The court must receive this bundle before wednesday 21 June. Any advice would be greatly appreciated. Thanks, and all the best in your own attempts... chris0709:?

Hello Muggles. Thanks for your encouraging reply. I wish you success with your claim too. I called my local county court and was told to await further instructions just as you've done. I do have some concerns though, and I'm hoping you can help: I've come across some threads which strongly suggest sending off a 'court bundle' to Barclay's solicitors and also respectfully requesting the court to order a review of the bank's procedures with regards to their charges, which would help my case in terms of the court seeing my attempts to settle out of court. This bundle is supposed to consist of a copy of my statements highlighting overdraft charges and a letter requesting the banks to explain their justification of such charges, and one or two other documents. If you know anything about this, can you forward a link to where I can download the relevant templates? I'd really appreciate this as I'm new to this site and finding it difficult to navigate around. Thanks again, and all the best.

Hello all. I'm new and it's taken me a while to navigate around the site to finally get here. May I start by saying 'thank you' to you guys who have set up this site - you're doing a great job! I'm saddened to hear that people who've been successful with their claims have not donated to help with admin costs of this site. that's a real shame... I bank with Barclays. I'm repaying a £6000.00 loan (currently suspended for a few weeks while I look for a debt management co. to help work out a more manageable repayment plan). I've put in my claim for approx £2500.00 and I'm at the stage where I recently received a letter from my local county court informing me that Barclays has filed a defence to my claim (this was attached). It was scary! they claimed I didn't provide enough details of account in question or dates ( I know I sent copies of my statements highlighting these charges and dates via recorded delivery). Please bear with me. Here are a few quotes: 'particulars of claim are summary in nature, accordingly, this defence is summary in nature and the Defendent reserves the right to amend this Statement of Case in due course'??? Also, after blabbing on about me knowing that going overdrawn would incur these penalties, which in their opinion, is fair, they write: 'accordingly, it is denied that the legal principles relating to liquidated damage clauses and penalty charges are relevant or applicable to the facts set out above'. And finally: 'those charges which were applied to the account prior to 03 April 2001 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than 6 years have elapsed since the accrual of the cause of action'??? I'm worried, but since browsing through your site, I'm much more reassured. I now have a clearer idea of what to do. By the way, can I ask for the 8% interest to be included on my claim even though I forgot to use the proper calculation procedure when I submitted my claim? Please confirm that I'm on the right track: Should I contact my local county court to ask whether I still have to pay the allocation questionnaire fee, even though their letter says to dispensed with? Respectfully send judge a dispencing? order suggestion. Contact defense solicitor using templates/bundle (can someone point me to the relevant links please? I took me ages to find them and I forgot to 'favourite' them). Sorry for the long rant. All help is greatly appreciated. Thanks in advance!