Barclays has filed a defense...help needed please...

[fariba3]

Help! Barclays has now filed a defense and i've been sent the allocation questionnaire... does anyone know if i should include anything in the "other information" section or call any witnesses or experts?

 

They've submitted the standard defense as i've seen in other posts and say that i've not specified the charges of when and how they were taken. So should i include a spreadsheet of the charges?

 

They've since refunded me about half the amount so should i include a note stating this?

 

ANd do i send this to the barclays rep or to the court?

 

All help is appreciated... thank you again... sorry about all the questions...

 

Btw, i've read that the case with Elliot is the only case that has gotten pretty close to going to court, i just wanted to check that this is still the case... has any bank actually gone all the way yet? Thanks for the info guys...

[shellevans]

Hiya,

I've been reading through the posts over the last few weeks ----- the banks seemed to have said they will to quite a lot of people but don't turn up -- they didn't show for the Elliot case and that was supposed to be the test case --- Elliot won!! Hooray!!

From what I've read you don't have to write in the other information bit if you don't want to -- if something comes up you will get a chance to give the info later.... I know theres info on the AQ not that far yet but if no one can post at the mo that knows I'd try the FAQ...or the library

Sorry I can't be any more help,

 

Shell 80)

[Bookworm]

As discussed on another thread;

 

If you have the N149, under section G (Other information) you should ask that the court orders Standard Disclosure

 

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

 

The same can be entered in Section F of the N150.

 

It will not force the judge to order it - but no harm in trying.

[shellevans]

oooh-----------BW's Good!!

[fariba3]

Thanks Bookworm! Where do i look to see if its the N150 or the N149 that i have? There's nothing to show on the front of the questionnaire.

 

Also, should i be sending a letter with it to state that they have refunded some of the charges and a spreadsheet of how much and when it was incurred?

 

Thanks again everybody... very helpful..

[fariba3]

Any help please???

 

Should i be sending a letter with the AQ to state that they have refunded some of the charges and a spreadsheet of how much and when it was incurred?

 

bookworm, is that what you meant by the standard disclosure?

[fariba3]

Hi Karnevil,

 

No, they just refunded the money into my account as a "gesture of goodwill". There were no terms attached.

[fariba3]

can someone help with this?

 

Bookworm wrote: "If you have the N149, under section G (Other information) you should ask that the court orders Standard Disclosure"

 

Sorry i need this spelt out for me... do i have to include a spreadsheet with the charges of when and where they were taken or is this request for "standard disclosure" what Bookworm is referring to and i don't need to include anything?

[paulwlton]

In section G insert what bookworms sugested, the schedule of charges are dates the charges were made the amount and what for. send this with the AQ to court and one to the banks solicitors.

[fariba3]

Thanks for that... just slipped it in...

 

on another note, does anyone know what we should do if a bank missed the deadline to file a defense?

[chindley]

If they missed the deadline then you can call the court and ask for Judgement by Default, if you did it online at MCOL then you can ask for Judgement online aswell.

[chindley]

If they missed the deadline then you can call the court and ask for Judgement by Default, if you did it online at MCOL then you can ask for Judgement online aswell.