Actually I would include your inital request along with a copy of the email you send today ... just because you made repeated requests, doesn't mean you received them does it? I shall have to do some very good things today to karmically make up for giving ever so slightly 'lateral' advice on this thread.

I think there's been many incidences of Barclays not sending a rep to the court because they 1) have thought the case settled 2) have been so disorganised as to lose track of claims and court dates and now 3) If there are mass Stays for other bank charge cases on the day at your court, they make consider all Stayed and not be there for the few that still go ahead. In any of these events, take along a breakdown of your costs in prusuance of the claim as many judges are also awarding these when the Defendant is a no show on the day. Unless the judge asks, yo need to request costs as it's no mandatory but it is a great opportunity to accentuate all the time and effort you've been forced to spend by a Defendant that had no intention of turning up on the day!

Hi Mike Not completely a loss but certainly another set back to your bundle. You've come this far so I think you need to plough on. What you will have to do is compile your bundle without the copy statements. They are an integral part of your evidence but unless Barclays specifically point out that the documentary proof of charges accuracy is missing, this may not be a problem. Compile and take in you bundle to the court (and send to Barclays) anyway. Separately today, ring up Barclays and request your SAR data again (banks are still under obligation to send this information as it is a legal obligation under the DPA and the OFT TC hasn't changed their duty to comply). Don't mention that they've been mislaid, but intimate that you are still waiting for them (white lie I know but if they are under impression that it's an outstanding SAR request they'll agree to send without questions). Make a note of the person you spoke to and when they said they would be delivered. Follow up with an email citing the phone call, who you spoke with and the time frame they gave. The objective is to at least have proof, should you need it, that you have made efforts to elicit the data from the Defendant and the ball is in their court if the information is still outstanding when you go to court. Very good suggestion by Car to pre-date the covering letter. I would do the same for Barclays - use the same pre-date so everything matches. If you do get hold of the charges list from Barclays in time, take 3 copies along to court. If you don't the judge may allow adjournement as you can prove the request was made to Barclays and they have failed to send in time. The onus would therefore revert to the Defendant to provide the data.

Hi Sarah I also have a claim for pre-years however this is still unknown territory and I understand that CAG will in the future be looking into it. I suspect that all pre-6 yr claims will be Stayed by the courts until the outcome of the TC as it is an even more complex issue of law intepretation. If you are willing to pay the court fee to file with the potential risk of losing it (but also the potential to gain refund), you should file with your county court though of course as your case relies on negation of the Limitations Act, there isn't the time scale urgency quoted for '6 yr and less' claims.

If you have been asked to provide a more detailed POC, the date will be the day you filed the original. If you have paid to submit an amended POC, you can put today's date. (charges + Overdraft interest) x 0.00022 = the amount you put in eg (£2300 + £82) x 0.00022 = £0.52. That is to say in my example 52p would be the daily rate

"Any last minute advise anyone?" Stop running up your phone bill listening to Barclay's answerphone

Good grief, he has been tango'd! Well hopefully, this light relief has set an even pace back on this thread. Now stop messing about and get back to business

David Dickinson is your local MP???

Hi Buby I'm PM'ing you about this

Hi Druids http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html read in conjunction with http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=Allocation+STrategy

No Dylon, I think it's worth keeping stumm and hoping that they don't turn up in which case you win by Default

As a parent I appreciate it's a balancing act. Pros of Written Representation No organising of private childcare & obvious costs; Far more desirable for those of a nervous disposition who feel they will go to pieces in court and be unable to put their case coherently; Depending on location, no parking difficulties & costs; Your Statement of Case arguments are with the judge before hearing date and he may have time to read beforehand and give more consideration. Cons of Written Representation Not being able to play it by ear and address any issues that come up on the day; Possibley miss opportunity for the judge to send parties out to try and reach a settlement on the day; Remaining in the dark as to how and why the judge makes his Orders on the day; If the Defendant doesn't write or turn up, you miss the opportunity to ask for automatic Strike Out of their Defence.

Hi Nicki The Defendants haven't done anything wrong, the order doesn't require submission of written representations, it merely gives the option to submit instead of appearing in person. "2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court ....." Theonly way you will have grounds for Strike Out is if they don't turn up on the day.

If you're attending on the day, you need only send in (and to the Defendant) anything that the court has requested in writing and by the date specified.

Kashie Don't send in a Stay Objection unless you get written notice from the court that your claim has been stayed. Not all claims can or will be Stayed, mine for example isn't even about bank charges, it's a DPA breach so the judge will be looking at each claim to allocate it court ordered Stay or Not. Don't presume anything, get the facts about your claim before acting and please, if you don't receive official notice of a Stay, attend on the 14th otherwise you seriously risk jepordising your own claim.

Once you get judgement, technically the Defendant can ask for it to be put aside but hopefully, they'll be focused on bigger fish and your Order of Judgement will stand uninterferred. The judgement will give the bank x amount of days to pay up which is why you need to make sure your amount in letter & complimentary SOC is bang up to date ... you don't want to miss out on any of that accruing 8%

Mitsy, I can guarantee you will walk in filled with butterflies and by the time you get home, you'll be wondering what the hell you were so nervous about! Have a wee before you go in, listen to the judge, don't talk too qquickly or rant on ... that's a hard one as we all get tongue tied first time. YOU WILL BE FINE!

See letter in my post #202 on thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post-4.html Also you can add to the letter something like, "in the event of the court considering an application for Stay or the same by the court's own volition, I hereby lodge my objection to the ordering of such. I enclose a Statement of Objection which I respectfully ask the court to take into consideration should this issue arise in my absence." You then need to additionally enclose a copy of the Statement which can be found at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html#post1046820

Hi everyman If you fall into hardship catergory, then the second template Stay Objection (courtesy of penaltycharges.co.uk) cites a paragraph about grounds for people in receipt of benefits. You can also cut and paste this section into your letter to the Lit dep't.

Hi Sarah, You make a representation when you can't be there in person(sorry of you already knew that); The rep is two fold, firstly to offer your apologise for you absence and to give valid reason why and secondly, to submit your request for how the claim should proceed. Is this what you're looking to do?

Yep, don't have the alternative wording appropriate for Barclays but if I can find in next 30 mins, I'll PM you

Hi syds mum http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf and just amend the wording regarding the reason for default and put in the specific amounts of your claim. Alternatively you can use it as a guide for composing your own letter... "To the court The defendant has not filed xxxxxxxxxxx as per the Court Order made by Judge dated xxxxxxxx, a copy of which is enclosed. The time for doing so has expired. I request judgment to be entered against the defendant for the amount of £xxxxxxxx as per my claim. An updated Schedule of Charges has been attached."

Hi Mitsy Normally the Claimant gets addressed first by the judge. Don't talk too quickly, the judge will appreciate you're nervous. I would suggest that You explain about how Barclays confirmed verbally that they were going to settle (have phone call dates and names available to quote). Expalin that this was further intimated by the fact that they did not subsequently serve any papers as per the judge's Order (have it ready to quote from) so you were given the impression that settlement would be reached out of court before today. Take along three copies of the Case against a Stay application http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html just incase Barclays want to buy time. You don't need to read it all out just quote the sub headings as your reasons and hand a copy to the judge. The objective is to persuade the judge that Barclays had, up until last week, specific intention of settling and that you had agreed to it verbally. Good luck sweetie and let us know how you get on.

Hi mike I understand where you're coming from, that you're basically banking on a Stay that will allow your claim to be decided in line with the TC outome rather than it's own individual argument, which as it currently stands doesn't have a court bundle to rely on. I see the reasoning in that but it does depend entirely on the case being Stayed. I think you need to ring up the court and identify what sort of hearing this is. If a Directions, then a Stay may be a good thing in your case. If this is full trial, the judge may be looking to conclude the matter rather than Stay. It's a risk to weigh up but I guess if the bank/judge doesn't suggest a Stay, you could always ask for one yourself. A Stay will remove any hope you have of progressing or even negotiating until the TC has completed. You could just take your bundle to court and play it by ear but if this is trial then the judge is going to wonder where all the paperwork is. Tough call, I would myself slip the bundles into the system under the guise of "courtesy copies to accompany my updated Schedule of Charges" ... but this is your claim and you ultimately have to decide the best way to go on this.

Well done Russjo. My hubbie smokes (has for 25 yrs) but he loves being 'banned' as he didn't have the will power himself. Is funny actually because if someone walks past that has just had a fag, he can really smell it and thinks it stinks. So happy all round for us