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Money4Nothing V Barclays **WON**


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So you don't think that this is where I send them OFT report etc...they just want schedule of charges plus the particulars of the claim again.

If so - thanks a lot victimnomore - save me the hassle of printing it all out and posting it to them when not needed.

Thanks Sandbag also :)

Cheers

 

M4n

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Okay just used the particulars of claim from the library - and stuck my address and claim number on top of it - also attached list of charges with up to date interest totals + court costs...tallies up to £1930.80.

That sound okay?

Sending a copy to court - do I address it to the attention of the judge who sent me the order?

 

Thanks

 

M4n

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I would just send it to the court - as long as it has the case number it should end up in the correct file.

 

Barclays' copy should go to the address the court should have given you for serving papers, probably;

Barclays Bank PLC

Litigation and Disputes

Level 29

1 Churchill Place

London

E14 5HP

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Yep - that's the address on the defence...

I'm sending the courts copy to 'the court manager' - as it says on the order to send all correspondence to him/her.

Gonna post them tomorrow registered post - so that they can't turn around and say they never got them.

Thanks again for your help victimnomore! =)

 

m4n

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  • 2 weeks later...

Called the court yesterday - and just as well I did...!

They had received the schedule and particulars of claim, but for some strange reason they didn't make it into my file - which had already been handed to the judge! Luckily they managed to find them and everything should now be okay!

Additionally I emailed KJ yesterday, just to ensure that they had their documents.

Got a reply this morning:

 

Dear M4N

Although I may have signed a Defence or letter connected to your case, I am no longer involved with account charges work. I will forward your email to the relevant team to address your query.

Kind regards

Keith

 

Had an email from a guy called Muz, he said that they have received the letter with charges etc.

 

So guess I'm now waiting for judge to have a look at my schedule and particulars of claim and set a date.

 

I've read that sometimes the judge asks for a preliminary hearing to decide how long the case will take, and this is beneficial as the bank are paying up sooner...

 

Anyone else at my stage in the game?

 

M4N

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Called court this morning...

Well I've been calling them since 25th October - to see what's going on.

Case handler advised me that Judge has looked at my claim, and has allocated it to small claims track. He estimated that it would take 2 hours for the case to be heard, so I'm just waiting now for a date - hoping its not too far off.

I might ring Muz, and ask him if he's interested in settling - as soon as I get a court date, what d'ya think?

 

m4n

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You can try m4n but I don't see it will get you anywhere. Nothing has really changed as far as they see it, other than there is now a date where it has to end by. Their tactics are quite obviously to hang it out as long as possible in the hope you may cave in. Of course this isn't going to happen in your case, but if they can get just one person to give up they have had a result. It's a complete abuse of the court system and shouldn't be allowed, but unfortunately it is.

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Hi again Austen,

Well the best I can hope for is a very quick court date.

I spoke to courts again this afternoon, and said that they were still waiting for a listing.

They said that they would put it nearer the top of the pile if I had good reason.

Well my Mum is seriously ill in hospital - after 8 years of terminal cancer, and chemotherapy etc. So I've just written them a quick letter respectfully asking that they put my case thru asap.

I don't know if it will make much of a difference, but it can't hurt.

Also put in the letter that I was a member of consumer action group, and how Barclays were entering a defence, and 'intending to defend' but to date have not had a single case enter a court.

 

m4n

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Hi all yesterday received obove notice from Middlesbrough County Court.

 

DISTRICT JUDGE ARKLESS has considered the statements of case and allocation questionnaires filed and allocated to the small claims track.

 

The hearing of the claim will take place on a date to be fixed at Middlesbrough County Court, Teesside Combined Court, Russell Street, Middlesbrough, TS1 2AE and should take no longer than 2 hours.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Date: 07 November 2006

 

The following directions apply to this claim:

 

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered no later than fourteen days before the hearing.

3) The original documents shall be brought to the hearing

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

6) either party relying on case law must include a copy of the judgement relied on in the documents

 

So - it's time to get my court bundle together for an unknown court date, that's great...

 

What does paragraph 6 mean?

6) either party relying on case law must include a copy of the judgement relied on in the documents

 

If I use the court bundle - is this included?

Thanks

 

M4n

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Hi Money4Nothing,

 

I am in process of getting my Court Bundle together this week too. If I come accross anything useful I will let you know. Same goes if you find anything that I could use then give me a shout. I have got the Court Bundle from library section and have got all my correspondence in order.

 

My court date is 15th Dec so I have got to submit mine 14 days prior to this and would like to get it in early so that theres no chance of me missing the deadline.

 

Good luck with yours.

 

Tanz

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Hiya Tanz,

In process of triplicating all correspondence and my bank statements.

Found one of their letters that charged me £30, and am going to include that as a sample.

Also, got the letter from Barclaycard saying that they were changing their charges from £25 to £12...might include this too.

Then its just a case of printing out the other bits of the bundle...

I'm gonna do a nice ringbound copy for the courts, with highlighted bits, and post its etc, to show the bits I want the judge to see - I'm just gonna bundle the other in an envelope and drop it at my local branch - and get a receipt for it...I'm not paying the postage! lol

If I think of anything else I'll pm you.

Good luck with yours, not that you'll need it - I forsee a full settlement on Mon 11th December 2006! hehe

 

m4n

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Hiya Tanz...

Right - I've got two bundles of documents, one for the court that I've covered and ring bound...and the other for the bank that I've just hole punched and tied together...they weigh in at 100 pages, 40 of which are copy statements.

Okay so it all looks good - I've highlighted the charges on the courts copy.

Was going to highlight the relevent sections in UTCCR, UCT and SOG - anyone tell me what parts in particular/paragraphs?

I don't bother doing any of this for the bank - as long as they get a copy it should be okay?

 

m4n

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Ok, still need some help with this highlighting...

So far:

 

Unfair Terms in Consumer Contracts Regulations 1999

 

Unfair Terms

5. (5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair

 

Schedule 2

1. Terms which have the object or effect of-

(e) requiring any consumer who fails to fulfil his obligations to pay a disproportionately high sum in compensation;

 

So I'm happy with that - it's very easy, because I'd quoted it in a letter...however what am I using the Unfair Contract Terms Act 1977 and Supply of Goods Act 1982 for in my bundle? If I can't actually highlight the relevent bits I might as well not include them.

 

Can anyone help me please?

Thanks

 

m4n

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Okay I've stopped panicking now...

I've simply highlighted the bits that I'd said in my particulars of claim.

I put little post its in the pages that I highlighted to save the judge from having to flick thru it all...

Not going to bother doing the same for banks.

Do you think its okay to hand the banks bundle into my local branch, and ask them to put it in internal post?

 

m4n

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Had some really good news...

I wrote to the banks on 2nd November basically telling them that my Mum was ill in hospital - and she is critically ill - and asked if they could gave me a date asap as I wanted all the court stuff over and done with...

 

Well the good news is that today I got a letter from court moving my date from 15th February to 8th December! at 10:30am :) I think this was due to the letter that I sent.

 

I also mentioned in the letter about the banks settling before every single case, and I believed that this would be the case here.

 

Glad that I got the bundles together straight away...

 

I handed in my bank bundle at my local branch, but it was almost closing time - so didn't get a receipt. Will ring litigation tomorrow - and see if they got bundle, also inform them that date has been moved forward.

 

A friend who lives near the court is handing in their bundle today...

So it's all go!

 

As always I'll keep you updated.

 

m4n

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Rang Muz, but seems that he's left already - the pressure must have gotten to him...

A nice bloke called Alex answered the phone, and I asked him if he had received my court bundle - he asked me my name (not claim number) - and said that he had received it and would be dealing with it very shortly.

I had the cheek to ask if he was interested in settling and he basically confirmed that they would be settling.

I then asked if he was aware that the case had been moved forward to 8th December, it seems he wasn't aware - but he is now, and said that he would be dealing with this very soon.

What with this and Tanz being offered a settlement before he's submitted his papers, I think they are maybe gonna change their tactics...

Maybe we've actually broken them!!! haha

 

m4n

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Lets hope so!!!!!!!!!!!!!!!! LOL

 

The lady I spoke to sounded really young and was quite nice and cooperative.

 

Perhaps they have employed some human beings rather than robots at long last.

 

It seems you will be getting a settlement sooner than they had planned then. Hope its before Xmas.

 

Keep us posted M4N

 

 

Tanz

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It'll definately be before Christmas, or I'll be seeing them in court on the 8th December - lol

I think it may have something to do with the two banks that actually had judgements made, and were ordered to pay back the charges to the claimants...I don't have the link, but I think it was Lloyds and some other bank.

Lets hope so eh?

 

m4n

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A very useful thread, thanks for sharing with us. Keep us posted and good luck!

 

Hi Fizzer, and welcome!

Glad you find it useful...it's good to see other people's mistakes - hopefully will help people save time.

Thanks for your good wishes :)

 

m4n

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