Don't forget a copy of your original claim (POC), and 3 up to date copies of your Schedule of Charges (in case they want to settle going through the door!)

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf this is the court page's .pdf version of N1.

Hi Nicki You only need to send in a letter if you're not going to be there in person. If that is the case send: Dear Sir/Madam, xxxx v BARCLAYS BANK PLC In the CARDIFF COUNTY COURT CLAIM No:******* I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**. I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [GIVE YOUR REASON FOR NOT ATTENDING]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed. If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's. - In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. A copy of this letter and draft directions has also been sent to the Defendant. Yours faithfully, Then send it with the DRAFT DIRECTIONS in this link http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Send a copy of letter and DD to Barclays as well. Edit * You don;t need to send in your court bundle as this is only a Directions.

Hi Olden You can convert it into a letter such as : Dear Sir/Madam, xxxxx v BARCLAYS BANK PLC In the CARDIFF COUNTY COURT CLAIM No:******* I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**. If the court is in agreement, the Claimant respectfully suggests that the following directions could be made at the hearing as per the attached draft order. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's. - In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. A copy of this letter and draft directions has also been sent to the Defendant. Yours faithfully,

7) They cannot say that it will be a final hearing as there may be other details the judge will need to consider, there is a good chance the judge will rule in one way or another at this time though as they don't want to waste anymore time This really suprises me as it seems contrary to the very principle of a Preliminary/Directions Hearing. How on earth, without having the arguments fully presented, can the judge propose him/herself to be in a position enabling them to reach a considered conclusion?

May be a bit late, so check by ringing the court to see if they'll accept a written representation this near to date. If they say yes, send in : Dear Sir/Madam, xxxxxxxxxxxxx v BARCLAYS BANK PLC In the xxxxxxxx COUNTY COURT CLAIM No:******* I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**. I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [give the reason you can’t attend] As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed. If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's. - In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. A copy of this letter and draft directions has also been sent to the Defendant. Yours faithfully, xxxxxxx Then attach the Draft Directions from http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148

No, their Defence can't be Struck Out for that, besides, the core argument in their Defence doesn't rest on that first point so it's mute as far as reasoning is concerned. No point in getting too uptight about it however frustrating their unprofessionalism may seem. The fact is they've put in a Standardised Defence but on the strength of that, the judge may also not look properly at the POC & note a SOC has already been attached, and may even order for it to be sent again. This would be a pain but no big deal. I'd just let it rest and wait to hear from the court

POC = Particulars of Claim SOC = Schedule of Charges

Hi Pugg I think you've read it coreectly that this has been one of their Standard Defences and in your case, they printed out the wrong standard Defence (they have at least four that I've read on here). As long as your POC for N1 contained all iot should and you provided 3 SOC copies with your 3 N1 copies, the Defence is toothless. If the judge wants any amendments or extension of the POC you've submitted, he/she will order it. Barclays need to pay a little bit of attention

Hi Paddy The way to respond is defintiely to send the LBA once the 14 days is up (from your date of the Prelim you sent). No question about it. Forget their deadlines, not worth pants

Hi smutley The Directions is not full hearing and since this is a mass date in Cardiff, the judge won't be looking to hear arguments ie everyone will I suspect be a quick in and out jobbie. Anyone who hasn't already submitted http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Draft Directions may wish to consider taking 3 copies along and presenting to the judge as a speedy, efficient course for their claim.

Worth a go but I suspect 14th Aug has already been filled up to brim. Having said that, due to settlements pre-hearing, there may now be 'slots' available. It is only just over the 14 day mark and the court may feel it is too short a Notice to give to the other party even if the judge allows replacement claims to be brought in. Tell us how you get on if you do decide to contact court.

Hi 1970 Barclays t/a Woolwich continually claim that they did not hold more than 6 yrs of account info account - I can only wonder if this is because they believe there is a valid case for reclaiming such. In conjunction with my legal action, I complained to the Information Commissioners Office about the breach & I maintain that complaining to this Office does add value and pressure. Adrian Ruffhead from Barclays' Litigation Team finally authorised Woolwich at Clacton on Sea to release the pre 6 yr statements to me. He appears willing to assist though I wuld stress communciations between Clacton and Churchill Place don't seem very effecient.

Hi laura Can you post the wording of the information you were handed. Was yours a claim over £5k ie not Small Claims route?

Congratulations Louisk, I have just read your complete thread and it has me wondering whether I should have the courage to send off a SAR to Yorkshire Buidling Society (£35 admin charge each time my monthly DD was refused). What is CAG overall feeling on reclaiming the monthly arrears charges - not ERC, just the monthly ones for refused DDs? ... Your answer will determine whether I send off a SARequest today!

Hi Mags There seems to be a growing interest turning to the question of lawfullness re the admin charge for a refused monthly DD etc. Having read up on a few threads such as http://www.consumeractiongroup.co.uk/forum/mortgage-companies/59031-barry-swift-court-date.html I can't really find any current 'scholl of thought' as to whether or not it is worth attempting to have these monthly arrears charges refunded. Am waiting with baited breathe!

Hi Matt This thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/59031-barry-swift-court-date.html dealt with one posters experience at attempting monthly arrear charge reclaim (NOT early redemption charge). It's an interesting read, and sugests that there may still be avenue to claim on the charge applied to being late paying monthly mortgage. This particular thread case lost on a very simple technicality which with hindsight, future claimants can avoid. I have pondered filing to reclaim on the £35 admin charge that my mortgage company applies when my monthly payment has been late in the past. Personally, I need to read up on a lot more and as my lifestyle is extremely busy, I feel it would be best to leave the mortgage reclaim pioneering to those braver and bolder than myself... though this may change!

At the earliest, the trigger point will be either 1) a few weeks before a court hearing date or; 2) upon them being directed by the court to 'disclose' how their charges are claculated, an Order with which they obviously won't be complying or; 3) where they have failed to submit papers to court by a deadline and you are eligible to request Judgement by Default. where 1) and it is a Preliminaryr/Directions hearing, some can successfully get negotiations underway with BLT however these are the exceptions to the rule and normally it will only be once a full trial hearing date has been received and B's know they've pushed it as far as possible. In any event, it's all about delaying their settlement outlay til the last possible date without risking a County Court Judgement.

Hi rince It won't wash

Hi Andrew A Case Conference is the first hearing in a Multi track claim and an opportunity to the parites to come together and consider under the guidance of the judge, what would be the most appropriate way to handle the case. Edit* - How much is your claim for?

You need to send another copy to Barclays now that you have filed as well as a copy to your local court. NB - If you are using the self updating spreadsheet from this site, you need to amend the date so that it is the same as the day you filed, otherwise the claim figure will differ to that in your Paaticulars of Claim

Hi Stan SOC = Schedule of Charges - Your list aka breakdown of charges that you are claiming back. You should have sent a copy to the copy and another to the Defendants (Barclays) upon filing your claim. If you haven't done so, send them now, one to your local court and another to the Litigation Team at Barclays' Head Office. Send them both registered and with covering letters quoting your claim number.

Hi Rach Here is what I have looked up: N244 Form Top left hand box, tick c), "without a hearing" Leave the rest blank Part A: I ***** (the claimant) (that....) allows an amendment to particulars of of the claim and in respect of the basis of the claim. (because....) the claimant is now aware that the basis of the original claim was not fully stated and the claimant was previously unaware of the interest element of the charges. Part B: tick 'evidence in part C' box Part C: "I respectfully request that the court allows an amendment to my particulars of claim in respect of the basis of the claim and an increase of the claims value. The increase in the amount claimed has recently become evident due to additional information coming to light since the original claim. Please find attached to this application my proposed new particulars of claim, amended to better describe the basis on which my claim is founded and to represent the increase of the claims value, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant" Write out new particulars including your name and claim number at the top and a statement of truth at the bottom. Take 2 copies of everything then attach the SOC to the N244 and take the original and one copy to the court along with the £35 fee.