Flor v Barclays

[TANZARELLI]

see this: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[TANZARELLI]

Also in section G add something like the following:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

Tanz

[TANZARELLI]

also see this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Hope this is of use

[Flor]

I can't thank you enough Tanzarelli! Many thanks for your continued help -I can make a speedier start!

 

Getting on with this now... so will post progress/questions a bit later on.

 

All the best,

Flor

[TANZARELLI]

No probs and thanks for the click.

[Flor]

I am just completing the form -it appears that all I now need to do is fill in the "Other Information" part with the text below. Then I attach the charges schedule that I sent to the bank (including 8% interest) to it. Take to the court along with the fee of £100 as the claim is for more than £1,500.

 

Am I correct or missing something? Just seeking reassurance that I am doing this correctly!

 

Thanks,

Flor

 

Also in section G add something like the following:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

 

Tanz

[TANZARELLI]

sounds right as long as you have filled in the rest, make sure you get a reciept for the £100.

 

Then just sit back and wait for the date to come through. I would strat to get your court bundle ready, there is a bundle link in the library section.

 

Not long now.

 

Happy days.

 

Tanz

[TANZARELLI]

here it is though: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Just add your statements and correspondence to it and anything else you want to rely on.

 

Tanz

[Flor]

Thank you so much again Tanz! you are a lifesaver!!

[TANZARELLI]

It all becomes easier when you have been though it once, even so don't become complacent, I have still made mistakes which I shouldn't have made and wouldn't have made if I had taken my time. Its better to slow down and prepare in advance. I should take a leaf out of my own book. lol

[Flor]

All up date so far -took the AQ etc to the court and paid the £100...now I'll look into the court bundle (thanks again for link Tanz!).

 

Has anyone managed to settle before the case went to court -I know that people sometimes call the banks direct in the aim of settling out of court. Any advice on this?

 

Flor

[Welshman]

Don't even think of contacting the Bank until a couple of weeks before the Court date.

 

They have introduced an answerphone system on the numbers I supplied so are probably being inundated with calls.

 

They WILL make contact with you before the Court date.

 

A tack which may be of use, as an alternative to phoning, is to send them a letter with your contact number on. In that letter make sure you mention that you are giving them a further opportunity to settle before Court, in an effort to relieve the Courts pressures. The Court will then see that you have been trying to settle up to the death and can only benefit you in the Courts eyes.

[TANZARELLI]

That is what I did in my claim against Barclays. Emailed them and also sent a letter.

 

Tanz

[Flor]

Thanks Welshman. Will try the letter route in that case.

 

Flor

 

 

Don't even think of contacting the Bank until a couple of weeks before the Court date.

 

They have introduced an answerphone system on the numbers I supplied so are probably being inundated with calls.

 

They WILL make contact with you before the Court date.

 

A tack which may be of use, as an alternative to phoning, is to send them a letter with your contact number on. In that letter make sure you mention that you are giving them a further opportunity to settle before Court, in an effort to relieve the Courts pressures. The Court will then see that you have been trying to settle up to the death and can only benefit you in the Courts eyes.

[Flor]

Have not received a date for the allocation hearing yet and cannot do much more than prepare the court bundle for now. I also plan to have the letter ready but found this one below in the forum:

 

Any comments -is there anything else I need to say? Difficult to know how much to personalise it, or leave as it is. Help!

 

Thanks,

Flor

 

"County Court Case Number :

Account:

Sort:

Dear xxxxx

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

xxxxxx"

[TANZARELLI]

Have not received a date for the allocation hearing yet and cannot do much more than prepare the court bundle for now. I also plan to have the letter ready but found this one below in the forum:

 

Any comments -is there anything else I need to say? Difficult to know how much to personalise it, or leave as it is. Help!

 

Thanks,

Flor

 

 

"County Court Case Number :

Account:

Sort:

 

Dear xxxxx

 

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

 

xxxxxx"

 

 

 

Yes if you have paid the fee for AQ. You could break down the total so they can see how you arrived at it to avoid confusion.

[gel1]

will be watching your claim with interest. i have rang barclays twice since getting my prelimanary hearing for the 19th feb the first time she said she would inform the person who is dealing with my claim and let them know and the secound time they said they would get back to me closer to the end of the month as they are snowed under so am preparing my court bundle just in case.

[TANZARELLI]

Nothing wrong with getting preparred.

[Crafty]

I've sent my court bundle already, even though I haven't received a court date. What is the actual rationale for waiting? The court seemed to think it was ok for me to send it now.

 

Not much chance in the bank not forcing you to produce it.....

[Flor]

Hi,

 

Let me know how you get on and who you manage to speak to!

Good luck! We are nearly there...

Flor

 

will be watching your claim with interest. i have rang barclays twice since getting my prelimanary hearing for the 19th feb the first time she said she would inform the person who is dealing with my claim and let them know and the secound time they said they would get back to me closer to the end of the month as they are snowed under so am preparing my court bundle just in case.

[Laineybelle]

Good luck Flor,

 

Am watching your post with interest.

 

Laineybelle

[gel1]

i spoke to a women called tammi i just rang the the number at the bottom of the defence that barclays filed at mcol stage but my claim is for just under 800.00 i wonder if they are split into to differrnt sections by the amount you are owed?

[Flor]

Thank you for all recent messages -great to have such support specially now I am at this stage of the claim.

 

I have now received the notice of allocation to the Small Claims Track (Hearing). This will be at Sheffield County Court on the 1st March...quite excited but terrified at the same time! :o

 

I will wait a couple of days and then will send the letter that I posted on here. If anyone with successful claims behind them have any more advice or amendments to the letter etc, it would be much appreciated. Otherwise, I'll send off and continue with the bundle.

 

All the best,

Flor

[Flor]

Hi there,

 

Have been unwell so just sending the letter -I want it to go today. Court bundle nearly there, just have a few bits missing.

 

For the letter - can anyone please let me have the name of the person to go on the letter below? I assume it's to the registered address but thought it would be better if it was addressed to a specific person. Does anyone have an email address too?

 

Thanks!

Flor

 

Dear xxxxx

 

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

 

xxxxxx"

[Flor]

Letter sent to registered address via Recorded Delivery.