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scalvey

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About scalvey

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  1. At last! I have just received a call from Barclays litigation department saying they will settle in full. They asked if I had entered my request for judgment which I had only this morning! He was a bloody nice bloke (seemed very down to earth and not bitter in the slightest) and went on to say he will contact the court to try and sort settlement out of court. If successful they will write and I will have to sign something to say they have settled. Just to say what a great website and thank you to everybody who is involved in the set up and all those who have helped me along the way
  2. Update The court wrote me a letter saying the banks defence will be struck out at 4pm on the 15th of May if they don't comply to the Judges order. They haven't complied, I win, I get all my money back plus interest! right? What happens now, do I just wait to hear from the court again? Should I contact the court or bank? I thank you
  3. Slow progress! Shall I phone the court? I sent my bundle to the bank and court over 4 weeks ago. After 2 weeks the bank had not complied to the judges orders so I wrote to Barclays as per the template. After the 7 days elapsed I wrote to the court complaining, as per the template. It has now been a week and I have heard nothing. Please advise
  4. I opened my account in Watford but sent all my letters to Barclays head office in London (addresses available on this site in FAQ). Still I'm sure what you have done is fine. Your complaint will be forwarded accordingly and you'll hopefully receive a positive reply, if not, continue your correspondence with the address given on the replied letters and keep to the times set out. All the best
  5. Who will be so kind as to check this - STATEMENT OF EVIDENCE 1. The claimant submits that the charges levied to his bank account, as set out in the enclosed schedule, are, notwithstanding the defence of the defendant, default penalty charges imposed because of and relating directly to breaches of contract, both explicit and implied, on the part of the claimant. As a contractual penalty, the charges are unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contracts (Terms) Act 1977, and the common law. 2. It is admitted that the Defen
  6. Hijack away! It seems that the Judges directions are varying quite a bit. Some are using the new strategy directions some are not. Some courts are asking for complete bundle to be sent within 2 weeks and others 2 weeks before hearing. Penny is your case a block hearing? I'm sure the courts know these cases will never enter the court house! You could probably send a few copies of Tractor Weekly and the Beano and nobody would notice. Although not advisable! Its all becoming very tidious, I just want my money back, now!!
  7. It seems that Barclays are sending out letters 2-3 weeks before court hearing with settlements. I've had to prepare my court bundle as it is needed by 23 March(fri). I think I should make copies and post them tomo as I have doubts that Barclays will settle before early May (court hearing 22 May).
  8. Hi Penny Sorry for late reply, computers been playing up! I'm sending the whole finished bundle to both the bank and court. Don't send/bring anything else to the court you have'nt sent to the bank or visa verse. A4 ring binder is fine. Use a few dividers to seperate sections. Run the bundle in an tidy order to help your statement of evidence. The more prepared and organised it looks the more likely a faster settlement I guess! I'm going to give barclays a call tomo or tues as Leech has advised! Take care
  9. Thank you very much Leech you have been top help so far. I must seem a bit nervous! JUST IN CASE! keeps running around my head. I am almost there now. Just have to make copies but I'm not going to waste my time with that until Mon/Tues, post Wed. I'll have the weekend to check through and organise my folder. Copies are required next Friday 23rd. One more piece of advise - The OFT has printed out 30 odd pages. Do I need to send/bring the whole report or just the pages I refer to in my statements etc? does this also apply to the UTCCR etc. I'll be out of your hair soon!
  10. Also... Am I a pain or what! I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages. What does the highlighted bold writing mean at the bottom of Witness satement? Ta
  11. Thank you Leech Where would you add the above paragraph on GaryH's 'GENUINE PRE-ESTIMATE' STATEMENT'. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194 Cheers
  12. Hi Leechthebreach Thanks 1,2,3,4 not in court bundle!! Para 5 od Barclays defence - 5. 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 (particularly but without limitation to, paragraph l(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other pro
  13. Just to make things clearer as to what help I need. 1. Where can I find the case law for Robinson Vs Harman 1848 ? 2. I can't seem to find the following quotes in the court bundle/relevant case law - pneumatic tyre v new garage motor co 1915 - “the sum is a penalty if it is greater than the greatest loss which could have been suffered from the breach” and; “The essence of a penalty is a payment of money stipulated as in terrorem of the offending part; the essence of liquidated damages is a genuine covenanted pre-estimate of damage” 3. The link for Nicole Rich, “Unfair fees:
  14. Barclays replied to me within a week after receiving the letter you mention They offered me half the amount I was asking (which a refused). If they don't reply within the 2 week you set out send the LBA (letter before action). Ignore their times and dates and delaying tactics! Good luck!
  15. Thank you Guido for once again pointing me in the right direction! Some more info and clear up questions I have a Small Claims Track Hearing in WATFORD on the 24th May. The case is a block listed at 10am. Anyone else at this hearing? I used the new strategy for for AQ and therefore now have Special Directions. These would be: a) A schedule of charges - Not a problem b) Statements or account info provided under your subject access request - Not a problem c) A statement of evidence. Using GaryH template (Barclays bank standard 10 point defence), I notice on Peter Rabbit V
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