Stay Lifted - Transfer to City County Court - Wrongly Named Defendant query...

[thatfellow]

Hello,

 

The stay that was applied to my claim against Barclaycard for unlawful charges has been lifted by the District Judge thanks to the superb template letter feature on here. However, two things arise:

 

(1) The case has been transferred to the Mayor's and City County Court, Guildhall in London for a scheduled hearing date of 18th December. I am being asked to pay another £75 for the case to be heard, in spite of the £80 court fee already paid. Can I get out of this, or is it a necessary fee? Also, are there any implications of my case being transferred to the Mayor and City County Court? I would be interested to hear if anyone else has been treated likewise.

 

(2) A rather more fundamental problem is that, although the claim is against Barclaycard, the Defendant named on my initial N1 form was Barclays Bank plc. This was a stupid oversight, as I had assumed that they were one and the same, but I am led to believe that for legal purposes they are separate. Is there any way to get this altered or, indeed, is it necessary to do so? The papers were served at the 1 Churchill Place address...Want to sort this out before I do another £75 in cold blood...!

 

Many thanks in anticipation of your help!

 

Michael

[thatfellow]

For the sake of completeness, the order says as follows:

 

'An objection from the Claimant was considered by DISTRICT JUDGE BACKHOUSE who allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10:30 on the 18 December 2007 at Mayor's & City County Court, Guildhall Buildings, Basinghall Street, London and should take no longer than one hour. A hearing fee of £75.00 is payable by 07 November by the claimant unless you make an application for a fee concession. Failure to pay the fee wil result in the hearing being removed from the list.

 

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.'

[thatfellow]

Anyone able to offer any advice on point (2) in particular?

 

Will my claim still be validly served on Barclaycard if the named defendant is Barclays Bank plc?

[Michael Browne]

The £75 fee forms part of the new court fee schedule that came in on Oct 1st. If this is not paid your case is likely to be struck out

 

As regards point 2, presumably barclays have acknowledged the claim and have submitted a defence. If they were intending to use this (Barclaycard is not Barclays) as a technicality, this should have been mentioned, ie 'It's nothing to do with us, guv. You've got the wrong defendant'

[Oh Boy!]

MB is quite right!

 

Mayors and City is a good court and i don't see why you should have any probs there.

 

You can phone the court and have the name of the defendant varied, but again i don't think that should be a problem as MB says.

 

I have served GE bank before although they had varied name they did not dispute it, although they could of if they wanted to be funny, but generally they take it on the chin.

 

However having the name varied shouldn't cost you anymore, secondly call the court and speak to the "issue" section and ask why you should pay another fee, get them to explain it, if your not satisfied get back here and post the result so that i can see what steps can be taken next.

[Michael Browne]

Hearing fees are a new additional fee as from Oct 1st:

 

See here:

Fees

[Oh Boy!]

Mmm, assuming claim was before 1st, so should be subject previous.

[thatfellow]

Thanks guys, that's very helpful.

 

One side issue, though, since I made my claim, Barclays have continued to apply overlimit/late payment fees to my account. How does one incorporate these additional charges into the original claim?

 

Michael

[Michael Browne]

Only by making an application to amend your claim using form N244 (fee, unreclaimable, was £35, don't know new fee, but may be £75)

 

Otherwise make a new claim after this one is settled

[thatfellow]

I suppose this is something that could be haggled on if/when Barclaycard choose to settle the claim?

[Michael Browne]

Yes, just don't build up your hopes though, your dealing with a bank here, not a commonsense, rational thinker!!

[thatfellow]

Too right!

 

Thanks to both of you for your help. I'll let you know how I get on.