MrPromiscous V Barclays Bank

[GaryH]

Wicked I've finally got my court hearing date !!!! Only thing is its not until the 25th June doh ! The letter from Judge Bowles states that he feels the hearing should take no longer then 3 hours.... strange because I said it would take no longer than 1 hour as we have all done.... I dont know if this is significant though. It also instructs me to "file and serve by the 2nd Feb a schedule setting out each and every alleged unlawful charge stating how it is alleged the same is unlawful". It instructs Barclays to "file and serve a counter-schedule by the 16th Feb".

So this is the first time I have been taken this far so please anyone who knows the score what exactly the court need from me now. They should already be in possesion of a schedule of charges so do I simply send another copy ??? Also what do I need to do to satisfy the second part of their instruction quoted above ?!?

 

MrP

 

Hi Mr P,

 

First thing you need is your schedule of charges.

 

Then, you need to provide evidence that the charges are unlawful. The statement of evidence will do the job for that part. Barclays defence is tricky though, as they don't really plead a specific basis on which they defend the claim - ie whether the charges are a service charge or a genuine pre-estimate. Here's a statement I modified to suit Barclays claims http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post492578.

 

Also, could you post up the exact wording of the courtsd order please, just to make sure there's nothing else.

[GaryH]

Sorry to hear you aren't getting the support that seemed so available when we all began our quest for justice. I reckon that the momentum has been lost of late and maybe that's because we're the tail end and everyone else has got their money and cleared off. I hope not because it's a long and lonely road up against the big boys.

 

I'm sure this is not the case John. In fact on the contrary, I think its clear that the momentum is actually building of late, helped along by all the excellent positive media coverage.

 

You may now have noticed that we have over 100,000 registered members. That is fantastic and the bigger that this group gets the more weight the campaign carries. It does however, bring some problems in that the number of threads is growing at a very high rate and it is difficult to keep up at times. We currently have around 15 moderaters and 25 site helpers on the team, so trying to keep 100,000 members happy is not always an easy task! Another thing you've got to remember is that the site is run by volenteers and the people here put in a hell of a lot of their own free time. If you look at the 'users online' part of the forum, you'll notice that Bankfodder, for instance, is online pretty much constantly alot of the time.

 

If you feel your not getting the support you need then its not for want of trying, believe me. Should a problem arise where you are not sure of something more complex and you don't get an answer on your thread, then do as Mr P just did - PM a site helper with a link.

[GaryH]

You need the Barclays-modded statement I linked above, plus a schedule. That satisfies the part that requests you set out how the charges are unlawful.

 

Additionally, you have been issued with the standard SMT directions to provide all evidence 14 days before the hearing. As the hearing is in June and Barclays have to submit their counter schedule by Febuary, its highly unlikely that it'll get that far. If it does, you'll need the Basic court bundle from the templates library for that part.

 

Upon the deadline for Barclays to submit a counter-schedule, if they haven't then you need to let the court know about it. See these letters if this is the case. Amend to suit - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

[GaryH]

Yes, thats the usual Barclays defence. The only difference to the standard is the paragraph regarding the Limitation Act.

[GaryH]

Sorry, crossed posts!

 

No probs;)

[GaryH]

Excellent, well done Mr P! Don't consider it settled untill the moneys in your account though - after which please make sure that you inform the court. Here's a letter you can use if you like - Claim settled letter

 

So what did he say on the phone by the way?