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About laura1303

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  1. Hi All some advice needed. I have been through the claims process myself and so have agreed to help me sister with her HSBC claim. All was going well and we sent off the letter before action clearly stating HSBC had 14 days until legal action started and interest charged. When this expired we started the legal claim and allowed the court process to start. About a week after the expiry of our deadline and 3 days after we started the court claim my sister received a letter offering her most of the money but not the full amount which we decided not to reply to as we assumed it had crossed with correspondance from the court, also the ammount had risen due to interest and costs. Now as the 14 days went by and nothing was done by the bank we submitted a request for a default judgement, again 2 days later my sister received a follow up letter from the bank asking if we wanted to settle for the previous ammount making no reference to the court claim. I've just looked on MCOL and it says the default request was declined, have we done something wrong? Should we contact the bank and just accept the settlement? Any info would be great as I've not been down this road before. Thanks x
  2. Well I feel I may have fallen at the last hurdle, sorry for not having more of a backbone guys. I accepted the offer which was just over £1000, maybe it was the way I argued my case regarding the costs However, if anyone else speaks to Paul regarding the same matter and he says he has never heard of anyone claiming for work carried out on the case you know that he is telling a big old porkie. My arguement was the following maybe someone can point out where I may have gone wrong:- 1. Appointment letter stated "cost rules for the small claims track applied" 2. I am a litigant in person, if I had hired a solicitor I would have expected those charges to be refunded and my costs did not exceed 2/3 of that of a professional. 3. Part 48 "Litigant in person" outlines these charges are applicable. Anyway thanks for all you help and advice with my claim everyone I really appreciate it.
  3. Still not backing down despite stating all the above, Paul's adamant I am in the wrong even though it's a small claims and the letter from the court states "the costs rules for the Small Claims Track should apply". However they have agreed extra interest to this date and to remove the confidentiality part of the offer letter, I've said I need a minute to think and frankly feel brow beaten by his rude and incredulous telephone manner. I suppose one good thing from this is without the confidentiality it has left me free to discuss my case with my work collegues, for once it may actually help to work on a well known terrestrial magazine show
  4. Agh can someone help me please?! I have spoken to Paul Quinn today and he is refusing to pay my fees for being a litigant in person. He says that under CPR 27 Barclays does not have pay my fees even though these were outlined in my CMIS form. Although I pointed out that I am eligible as a litigant in person to charge £9.25per/hr for time and effort in this case and the court clerk also said this, I am concerned I sounded a bit stumbley and didn't back my arguement up very well. I said I will call him back soon and he said he will advise the court that I have hindered a settlement should I refuse? I don't really want to go to court should I back down?
  5. Hi All Right after refusing to answer any calls I got an answerphone message from Paul Quinn on 23/03/07 offering me a settlement in full, I have tried to return the call but surprsie, surprise it goes straight to answerphone therefore I am going to have to wait until Monday (day before case) to discuss the settlement. Yes this is good to finally get things moving but this morning I received a letter offering me the orginal ammount which was the interest at the start of the claim in November, Paul has also ignored the litigant fees set out in my CMIS form. I'm going to try and negotiate these on Monday, any advice on strengthening my arguement? This also may be nothing but I received the letter today 24/03/07 and the envelope is stamped 1st class mail funny then that the date of the offer letter is the 9th March hmmm. Thanks for all your help people, end in near!
  6. I keep calling Barclays Head Office but to no avail as yet, I get transferred to Adrian Ruffhead but it's straight to answerphone and despite leaving a message he doesn't get back to me. To be honest I'm starting to get stressed as court is on Tuesday morning which means time off work etc, also should I bring a bulk or anything else to the hearing? The clerk at the court said I only needed to provide CMIS as Barclays must provide the rest but I'm not sure if to bring it in case the Judge wants to see it.
  7. Hi rrfcfan Sorry I didn't get back to you sooner have been laid up ill in bed. I see Calculator has given you all the details you need, keep me posted & good luck! x
  8. Thanks everyone for your help with this I have drawn up my CMI with the help of J. Barton1's posting and will send it out to both Barclays and London Mercantile court today. Barclays so far have been totally uncommunicative despite numerous attempts to contact them by both post and telephone hopefully this will force their hand into speaking to me.
  9. Hi My case against Barclays has been transferred to the London Mercantile Court and I have received a directions date of 27th March at 9.30 is anyone else going on that date? I have read some of the threads and spoken to a clerk who confirmed that as an individual it is Barclays responsibility to submit paperwork, I will however need to provide a Case Management Information sheet. I think I have found the pdf form online but it's got guidance notes on it and I don't know how to remove them, can someone tell me if it's the correct form? http://www.dca.gov.uk/civil/procrules_fin/contents/form_section_images/practice_directions/pd59_pdf_eps/pd59_cmis.pdf Lastly I am claiming for 8% interest (should this still be accumulating ie I should change claim date on spreadsheet?) and court costs but I am lead to believe that I can also charge a fee for time spent on my case, should this be proved ie outlined hours spent on research etc? Sorry for all the q's and thanks in advance for all your help x
  10. I'm also fuming about Barclays today! My claim was supposed to expire on 23rd December and they acknowledged it on 21st giving them till 9th, I tried to submit a default judgement this morning (10th) only to be told have to wait until midnight but when I checked again at 3pm guess what ...they have filed defence just hours before expiry! It's so annoying that they wait till very last minute this claim feels like it's going on for ages! Keep us posted on your case and what you are providing as evidence.
  11. Thank you so much for all you help and advice with this Ukaviator x
  12. Hi All Firstly can I apologise for the long thread! My flatmate and I are both currently in the court process against HSBC and Barclays. I have received an acknowledgement from Barclays and should they not put in a defence before Monday I will win by default (fingers crossed)! However, my friend has had a less easy ride from HSBC and I was wondering if we could get some advice. After starting her calim and receiving an acknowledgment she received a part offer from HSBC stating should it go to court they believe they would win. After declining the offer she received a Defence Counterclaim which states:- The claimants account is governed by the defendants personal and/or banking terms and conditions Persuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price lists, including an overdraft review fee for considering whether to provide and providing an overdraft. The defendant denies that the charges applied to the claimants account amount to penalties at common law and/or contract terms for the purpose of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty. Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed in any relief. As you can imagine she is getting worried about it going to court and would like some advise in preparing for this. In the Allocation questionaire it asks if you require permission to use an expert's report at the hearing I was the Radio 4 audio file on the site, should she use this and any other materials? Any help would be hugely appreciated as she is getting quite worried Thanks x
  13. Hi All This is my first post and apologies if this question has been covered in the past. I'm just starting an application against my Barclays current account, when I opened this account way back in my student years I also took out a Barclaycard which I had from 1999 - 2005. When the interest and penalites became ridiculous I took advantage of a balance transfer offer with a different credit card company. Please could someone tell me if it is possible to claim for unfair charges on a an account that is now closed? Any info would be a huge help. Thanks x
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