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Coombep

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Everything posted by Coombep

  1. Sorry about the delay. I claimed orginally for 27.5% interest on the grounds of reciprocity, given that this is the interest rate that Barclays apply for "unauthorised" borrowings. My claim also included for Statutory interest at 8% as an alternative should the court deem that 27.5% was not applicable. Hope this helps.
  2. Likewise Barclays settled my claim on the Friday before the 20th. Seems they had forgotten about my case and didn't even try to negotiate me down.
  3. Am pleased to report that I do not have to attend court on Tuesday as Barclays settled yesterday.... Hadn't heard anything from them so rang them about lunchtime yesterday to find out who was dealing with my case etc. Soke to a guy called Dino who seemed slightly concerned that he could find record of my case with only 4 days to the hearing. He called me back and said he'd email the offer letter which was for all the charges, court fee and statutory interest. I responded pointing out the following: 1. My claim includes for interest at an annual rate of 27.5%. 2. My Case Management Information Sheet emailed to Mr Ruffhead on 14th February, which supersedes my letter to yourselves dated 9th February 2007, includes for litigant in person costs for research and preparation estimated at £138.75. 3. Confidentiality is unacceptable Given the above, on the unconditional and irrevocable receipt of £XXX into my Barclays Account I agree to advise the court and withdraw my action accordingly. Money in acccount this a.m. so letter sent to the court. Thanks to all who have contributed to this site and therefore helped with this claim. Donation and survey to follow :D :D :D
  4. Dont't worry too much...It took a month for me to hear from LMC after transfer from CC.
  5. Hello all, Has everyone else with a Mercantile Hearing on the 20th now settled? I know Betty has, but I still await contact from Barclays. Cheers
  6. Thanks JB. If detailed notes of the Judges views were available that would make very interesting reading. Any chance Barclays had a lawyer present to hear all this?...I am due for a direction hearing at London Mercantile on 20th Feb.
  7. a small glitch...does anyone have a link to Case Management Information Sheet please, as the sheet i have doesn't appear to match with the answers i got from this thtread Case Management Conference 13th Oct. Many thanks
  8. It's a work in progress....(cos i am at work...) I write further to the enclosed letter received from London Mercantile Court dated 2nd February 2007, confirming a hearing for the subject case on 20th February 2007. I attach an updated schedule of charges and interest totalling £279.07. In addition my costs at this time are £30 for the court fee. This brings my total claim to £309.07 at the time of writing. As litigant in person I understand that the responsibility of submitting the required case bundle to all Parties and the Court is that of Barclays Bank Plc, given the comparative magnitude of your own professional resources. I will of course furnish you with a copy of my own Case Management Information Sheet when submitted in due course. Yours faithfully,
  9. That makes 3 of us. I have just spoken to the court....details posted in my thread "Vs Barclays in the Mercantile". Hopefully we won't need to turn-up.
  10. Thanks Calculator. Have just spoken to the Mercantile Court (letter was headed Royal Courts of Justice Group, Admiralty & Commercial Registry) for clarification, spoke to a very helpful guy called Darren who advised as follows: The "Small Claims Hearing" is effectively a Case Management Conference, 14 other cases were listed for the same time, 8 of them vs Barclays. He also confirmed that as I am a litigant in person the responsibility for providing the Bundle lies with Barclays as they have the resources etc. He also confirmed that both sides must send to the court a Case Management Information Sheet by the required date (14th feb). This was not clear from my letter as my letter only referred me to CPR 59 for guidance. CMIS should also be copied to the other Party. Apendix 6 of Commercial Court Guide (see HMCS website) has the CMIS which needs completion. I think i have seen some answers in another thread...Case Management Conference 13th Oct. Darren the Clerk also advised that the best thing to do was to contact Barclays referencing the letter from the court and including an updated schedule of charges...as this may spur them to settle etc. Fingers crossed... Letter to Barclays will be sent this p.m. Results to follow
  11. Its been a while but finally things are moving: Received my letter from the Mercantile yesterday which states: ..."There will be a small claims hearing in this case and several others which raise the same or similar issues at 9.30am on 20th February 2007. The hearing is intended to give directions for the hearing of some or all of these cases in a way which saves time and expense. It is hoped that all parties will attend but, if this is not practicable the court will be pleased to consider the written views of any partyprovided that these reach the court no later than 14th February 2007". Also confirms small claims costs apply. Is this effectively the CMC? Do i need to take anything with me or submit anything to the court prior to this hearing? I haven't been asked to send a bundle or questionnaire/info sheet as others on this site seem to have. Also anyone else got a hearing at the same time??
  12. Congratulations....I'm waiting for the Mercantile to allocate their case number vs Barclays etc, so it is reassuring to know that settlement is a just a matter of time. Did you have to go to the CMC in the end or did they settle first?
  13. Great result - you and you're family deserve it. Thanks for all the effort in documenting it all step by step as it was really easy to follow and highly entertaining. Given that Barclay's were forced to settle with the last person in the world they would want to settle with and given you're (dubious) claim to the current account charges, just reinforces what we all already know and that is they have no legal justification for these penalties and they cannot afford to gamble 20% of their revenue stream on a judges decision. Power to the People!!!!!!!!
  14. It's like heads up Poker...only better!!! Tho i wouldn't play against you.
  15. Thanks Haydn - What sort of things have you included as sundries? Roll on a paperless court system!!!
  16. A quick question - I have a case against Barclays which has just been transferred to the Mercantile...should I now be keeping a track of my hours spent on the case and other expenses to include as "costs"?
  17. Great Stuff - Lombardi has probably never received letters like yours before. Keep turning up the heat!!!
  18. I too am waiting for a Case number and date etc from the London Mercantile. My transfer was ordered on 28th Dec 06. When i get the details i'll write again to barclays to see if they want to continue their charade.
  19. Still waiting for my Folio/Case number from the Mercantile, but was thinking that I would send them the following letter copied from Liz Vs Barclays...I've added the bold bit about abuse of power after KAZZAW's experience (see link). KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!! DRAFT LETTER: Dear XXXX Case number XXXXX I write with regard to your letter dated 31st August 2006 regarding the transfer of my case to the London Mercantile Court, on the courts own initiative without a hearing. For your records I would like to advise that I am acting in person. I do not have a lot of money and cannot afford to employee the legal representatives needed at a Mercantile Court to represent my case properly and would like to enquire what provisions there are available to me. I would like to point out that I am a consumer and in bringing my claim I believed that my case would be dealt with by the small claims court specifically designed to help individuals like myself to achieve justice. I had not anticipated that the claim would be passed to the Mercantile Court and feel that your decision to do so is unfair. Furthermore I feel that I should at least have been consulted in the decision where I could have made my position clear. The prospect of taking on a huge financial institution with a team of specialist lawyers is daunting in the extreme, however, I must stress that I believe in the justice of my case and so have little choice but to bear the burden which could place myself under huge financial and emotional distress. I would like to make my feelings clear at this time that the burden of any cost should ultimately be borne by the Office of Fair Trading, who have both the power and the resources needed to bring the necessary test case against the banks. I have today written to them regarding this. Furthermore I consider that the actions of the Defendant in this and many other like cases constitute a strategically deliberate and ongoing “abuse of process” on the basis that it has settled all previous claims of this nature. May I respectfully suggest that it may serve the Court to request that the Defendant file a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled, for the Courts own consideration. I believe that such disclosure will bring an expedient end to this litigation. For your information I am also writing to both the FSA and my local MP regarding my case. Yours Faithfully xxxx Any thoughts on this approach?? Obviously I'll send a copy to Barclays too...just to rattle their cage.
  20. Any news from Abbey? I just received notification that my case V Barclays has just been transferred to the Mercantile so interested to see how the banks play it... Seems like more and more are being transferred at lower and lower value.
  21. Hi all, I've only really needed to start this thread as I got the good news on Friday that District Judge Z at Lambeth CC was transfering my case to the Mercantile. Not really what i was expecting as all was going to plan till then and my claim is only for £230 plus £30 Court Fee and Interest at 27.5% (currently £45). Gonna start being a bit more proactive in getting the bundle together and sending letters to court, OFT, FSA and local MP (some good ones in Liz v Barclays which i hope she won't mind me using). Any other advice welcomed
  22. Druid - thats an awesome letter. A piece of litery genius. This is my first post...been following your progress albeit quietly as a how to do it (so many thanks for that). Was all going exactly to plan, until Friday when i received notification from Lambeth CC that my case was being transfered to the London Mercantile Court. Wasn't really expecting that but after some weekend reading of this site am alot more comfortable with it now. Can't wait to see Barclays response...bring it on Lombardi!!!
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