Test message Sorry.

Hi Iain. I actually played with the idea of sending Cobbetts a nudge letter or two and whether it would be more detrimental or not in the long run, then I read this post by Bookworm on the cons of nudge letters, so decided against it. http://www.consumeractiongroup.co.uk/forum/show-post/post-1027160.html I'm sure more learned people out there would argue this point but who am I to argue with the great Bookworm. So I agree with Hedgey on this point. Looks like we're neck and neck at the moment Iain, race you to the finishing line. Glensorie.

Cheers for that Hedgey. I'll start getting everything together ready for my big day out at Tameside CC. Iain I've replied on your thread. Glensorie.

Hi Iain. Already spotted and linked to your thread matey. I'm Just off Oxford Road just behind the Norman pub don't know if you are aquainted with it. I'll definitely let you know how I go on, us Duki lads have to stick together. Not heard any mention of anybody else having dealings with Tameside CC, just wondering if they are carrying on with current claims or Staying them. Suppose we will have to wait and see. Got another claim going through vs Barclays, Preliminary hearing on 5th Oct with the same Judge Gaunt. Onwards and upwards eh! Good luck Iain. Glensorie

Cheers Saintly Rapid reply as usual. I'll take the DOfD with me and also the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html as you suggest. Many thanks again. Glensorie.

Hi all again. Sorry to keep going on about the same point ie the Draft Order For Directions, but I'm still unsure what to do. The 'Prelim/Directions Hearing' section in http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html suggests taking the DOfD with me, as well as some other material, I could do with someone to tell me, definitively, whether to send it before hand or take it to my Preliminary hearing. I think I have got too much time on my hands at the moment, always doubting whether I'm doing the right thing. Yours confused...again. Glensorie.

Hi all. Have been doing quite a lot of thinking recently about what to do re. Draft Order For Directions. I think I have decided to leave it for the time being and take it with me to the Preliminary hearing as per the 'Prelim/Directions Hearing' section in http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html I could do with a definitive answer as to whether I have made the correct choice, in other words I need someone to tell me what to do. I'm sorry Hedgey you seemed a bit uncertain on whether I should send it beforehand or not considering the wording of the 'Allocation to Small Claims Track' letter I received, see post #33. Too much time on my hands to think thats my problem. Thanks in advance Glensorie.

Cheers Hedgey That's what I was hoping you'd say. Ill start sorting it out. Glensorie.

Hi all. Received Notice of Hearing and a General Form of Judgement which says :- Before DISTRICT JUDGE GAUNT sitting at Tameside County Court, Henry Square, Po Box 166, Ashton Under Lyne, Lancashire, OL6 7TP. IT IS ORDERED THAT 1.Allocation Questionnaires be dispensed with. 2.This matter be allocated to the Small Claims Track. 3.This matter be listed for a Preliminary Hearing on Friday 5th October 2007 at 2 pm at Tameside Magistrates and County Court, Henry Square, Ashton u Lyne, Lanes OL6 7TP with an estimated length of hearing of 10 minutes. Dated 24 July 2007 Having a bit of a panic attack at the moment. Is this anything to be worried about of is it pretty standard stuff? Do I need to do anything in the meantime or take anything with me etc etc. I haven't sent in the Draft Order yet by the way. Any help would be appreciated. Cheers Glensorie.

Hi all again especially Hedgey (Congratulations again by the way). Just re-read your enormous thread and noticed you sent the court the Draft order for Directions. See:- http://www.consumeractiongroup.co.uk/forum/show-post/post-1033263.html Do you think it's worth giving it a go or should I just hang fire and see what happens in the next few weeks? Seems a long way off before my preliminary hearing just sitting around doing nothing. If there is anything I could do to speed up the process or swing the Judge's decision then I would jump at the chance. Cheers Glensorie.

Congratulations Hedgey. Couldn't have happened to a nicer person. Hope I'm as happy as you in a few weeks, thanks for all your help and encouragement so far. Glensorie.

Cheers Saintly_1. I'll send the the standard Defence 'acknowledgement received' letter plus a copy of my SOCs but is it worth waiting until the Judge allocates before sending in DOfD's. What do you think? G.

Cheers for that Hedgey, I'll do a bit more reading and wait for a bit more advice. Looks promising though.... I hope! Getting exiting now though. G.

Hi all. Well! I've got an interesting letter from the court which sounds promising:- DISTRICT JUDGE GAUNT has considered the statements of case and allocation questionnaires filed and allocated the claim 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 can be disposed of because the defendant has no real prospect of success at a final hearing. The preliminary hearing will take place at 10:00 on the 21 September 2007 at Tameside County Court, Henry Square, Po Box 166, Ashton Under Lyne, Lancashire, OL6 7TP. Allocation Questionnaires be dispensed with. I know I'll have to give the court a ring to see if I'll still have to pay the £100 Allocation fee. Do I now press on with the advice in http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html and keep the pressure on Nat West or what do you suggest? Cheers Glensorie.

Hi all again. Well I bided my time and the inevitavble defence came through from the court. Please can you cast an eye on it and advise if I have to respond in any way, I think it's a bog standard one. DEFENCE 1. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof. 2. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. 3.. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised): a. The Defendant's right to charge a "Paid Referral Fee" where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25). b. The Defendant's right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account -;E35 per item (previously £30). c. The Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 4. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit). 5. If and to the extent it is the Claimant's case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft. 6. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (or indeed any other provision). 7. Therefore, it is denied that the charges were unlawfully debited from the account. 8. It is further denied that any such charges unduly enrich the Defendant. 9. If and to the extent the Claimant incurred charges on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back into credit. 10. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same. 11. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all. 12. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. Barclays Bank PLC STATEMENT OF TRUTH The Defendant believes that the facts stated above are true. I am duly authorised by the Defendant to sign this statement on its behalf. ROSEMARY TREVES BROWN Solicitor Barclays Bank PLC Dated 20 July 2007 Cheers in advance Glensorie.

Thanks again for the rapid reply Micky. Time to do a spot more reading up and sorting the AQ out etc if needed.

Thanks for that Micky Must learn to relax more. One more thing, Notice of Issue Deemed served on 24th June 2007 so I make it they have to submit their Defence by 22nd July 2007...yesterday. I know it was a Sunday but shouldn't I have heard something this morning? Cheers again Glensorie.

Hi all again. No news yet but just a quick question. I've just re-read the defence sent to me by Nat West and am a bit unsure whether or not I should be concerned about point 4 or whether I have to reply to it or not. ( 4 In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations") and/or the common law, THE CLAIMANT IS REQUIRED TO IDENTIFY: 4.1 (a) the regulations of The Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and 4.2 the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations. Until such time as these regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. ) Guess I've got too much time on my hands to think about anything else. Cheers Glensorie.

Hi all. Just a quick question. I phoned the Court again last week to see what the score was all they could tell me again was that Barclays had Acknowledged the service, should I have received a copy of the Acknowledgement or is this not always the case? Guess I'm just being impatient, waiting is not one of my greatest traits. Cheers Glensorie.

Hi all. Well its been 8 days since Barclays should have replied to the notice of issue. I know the CC have said that Barclays are acknowledging and what with the postal strike and all that I should have heard something by now...do you think? Should I apply for Judgement or ring the CC again or just be a bit more patient?? Cheers Glensorie.

Cheers for that Hedgey. More thumb twiddling and nail biting to do then. Think I'll do a bit more reading up on the later stages. Glensorie.

Hi all again. Just one thing puzzling me. Should I have received either an Allocation Questionaire or at least notice that the AQ is being dispensed with the copy of the Defence I've received? Cheers Glensorie.

Thanks for that again Hedgey. A short but sweet acknowledgement letter will be winging its merry way to Cobbetts this morning. Don't need to send anything to the Court do I? Glensorie.

Ah! well, I thought I was going to get away with it, Just phoned the court and apparently Barclays have filed an acknowledgement which I should receive this week sometime. Just have to wait for the next step now. Glensorie.

Hi all, just a quick update. Barclays had until 9th July to respond to the Notice of Issue deemed served on 24th June 2007. I haven't heard anything from Barclays or the CC, should I give the Court a ring to see what the score is or hang fire for a couple more days. Cheers Glensorie.