Jump to content

PUMPKINPIPS

Registered Users

Change your profile picture
  • Posts

    13
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Slick Thanks for that. I think you meant to say "best potential rate". However, I am cooling down slowly, even though I am still angered at the fact that the banks have managed to effectively stop a small claims process - this should never be allowed to happen. I was really surprised that the anti-stay points where easily and effectively dismissed. The Banks representative was clearly well prepared for this.
  2. Where to go now??? The stay was imposed, the district judge of Croydon County Court said that there was a general instruction, requiring them to do so. In addition the Judge said that no further action would be accepted, ie the N244. The banks representative argued VERY well against all points in the anti stay bundle and won favour and agreement with the district judge. Clearly this is not the first time that this arguement has been heard. This has made me really very angry - I want to fight this, but what is left to do? Colin
  3. Slick and Jansus Thank you for your input, it is greatly appreciated. I have prepared my initial anti stay bundles and I am feeling good about it all (thanks to you both and CAG). Tomorrow will tell.
  4. Slickwilly132 Thank you for your input. Basically my case was transfered from MCOL and passed on the the local courts. I was actually expecting, as I had been advised by the court, a court date and from what I have read here, I was definitely not expecting an additional hearing to consider a stay. On a personal level, I feel somewhat irritated by this and this makes me even more determined to drag Barclays Bank into costing loss situation on this case no matter what the outcome (not hard in my case as the amount is not that big - but Barclays need a lesson in customer care). Additionally, I feel that this is moving all to slowly. I started in June and still have not got to court. Here's to the 2 October
  5. Just to add to the above - I filed via MCOL about a week before the OFT case was announced.
  6. Hello What to do now???? "NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK BEFORE THE CLAIM IS LISTED FOR HEARING, THE JUDGE HAS ORDERED THAT A PRELIMINARY HEARING SHOULD TAKE PLACE :- TO CONSIDER WHETHER THE CLAIM IS SUITABLE FOR A STAY" Is there something I can prepare before the hearing?
  7. Hello Saintly 1 please see my first message to Welshcakes for the first 3 points of defence
  8. Welshcakes To answer your question, once I had filed a claim on MCOL I did not send documentation to any party. I was waiting to see what happened, but it would seem that Barclays had moved very quickly on this one and here I am. Preparation of Bundle underway, but do I need to send anything ahead of it? Pumkinpips
  9. Notice of Transfer of Proceedings To all parties A defense to this claim has been filed. The Claim has been transfered to the court covering the area where the Claimant lives or carries on business. Please read the accompanying documents carefully. All further communication should be addressed to : The Court Manager Croydon County Court The Law Courts Croydon
  10. SORRY - typo MCOL cont. Without Hearing It is Ordered That - 1 The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of Transfer orders otherwise. ** Note: Any Party affected by this Order may under Rule 3.3(5) apply to have is set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of the service of this order. ** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for futher details. Date order drawn 10/08/07
  11. Thank you Welshcakes Right, here are the first 3 lines/points of the defence - (The first amused me as its a Barclays Bank Plc current account, not Barclaycard - however I did think it was just a cut and paste job) 1. "Barclaycard is a Trading division of Barclays Bank Plc and not a legal entity in its own right." 2. "The Particulars of the Claim do not provide details or particulars of the account in question and/ or the precise charges alleged to have been unlawful, or the date thereof. Furthermore, they give no recognisable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a defence. The Statement of Case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.2." 3. "The defendant respectfully requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim and is an abuse of the Court's process." ____________________________________________________________ MCOL Northhampton County Court Between PUMPKINPIPS Case Number ### and
  12. Hello First timer here, excuse the dumb questions, please. Any help will be much appreciated. Just received a "Notice of Transfer of Proceedings", read through the defence - very agressive. The Allocation Questionaire has been dispensed with after a defence was put in. So I understand that I now should write to the courts as well as prepare my court bundle. OK, here we go: What are "Draft Directions for Disclosure" and where can I find them/the format? Are there any links to Barclays T & C's? I have seen links for other banks but not Barclays. Quite exciting really
×
×
  • Create New...