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Penny versus Barclays


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Well its a possibility, but unlikely in the small claims court. Penny, read the thread Welshman V Barclays.

 

Rather than bothering yourself with a bundle at this point, you might be able to get Barclays to settle before too long. That thar thread will enlighten you as to why!

 

It works for most, but isn't set in stone. Your bundle isn't likely due until the end of this month, so lets see if you can sort it without the extra bother. Have a read and let me know what you think hun.

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No, n n n n nooo, the blinkin' bundle's has to be 'filed and served' by 22nd of this Month - only have a few days left, must post on Monday... nolonger able to in complete sentences... fading fast...

 

I thought the court bundle would just be a load of tedious printing from the archives - I've just read Calvsta's thread (from the above link onwards anyway).

 

"a) blar, blar, blar b) blar blar blar c)bladdy blar....", "... New strategy... case law for Robinson Vs Harman 1848... mine usually are about 250 [pages]...Auzzie parts..." 1) Blar, blar... 2) blar...."

 

(No offence towards esteemed contributors intended, give me a few hours and some more strong coffee and I'll have clued-up on all of it).

 

However, I shall start with highlighting the relevant lines of my two, new copies of the relevant bank statements. I am of a mind to only highlight the court's copy and leave the Barclay's copy in tasteful monochrome - can I do that? Seeing as they've just caused me to miss 'stenders!

 

Then I'll read Welshman V Barclays thread. Or do you still think I'd be better to read that first?

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Ok, thanks for the tip. I read the Welshman V Barclays and will ring and hopefully speak to Alex, or Rebecca or Anthony tomorrow. That would be great to get a good settlement without ever having to research 'aussie parts'!!!

 

But with just a few days to send off my court bundle, I'd better put it together anyway, just in case.

 

Maybe this time tomorrow.....

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....... that'll be me sat here preparing my court bundle then! Tried to phone the legal Department, but got the answer phone - they'd all gone home earlier (today being Friday). Monday I'll try again, but I really need to get this bundle prepared to be posted-off on Monday in case I have no luck on the phone.

 

Anyway, the Directions require me to file and serve-

 

a) A schedule of charges

b) copies of statements

c) a statement of evidence

 

That's all. The court is not asking for copies of correspondence and "Decided cases and other legal materials should not be filed but served by 5th April 2007 and brought to the hearing for the court."

 

So I'm to send copies of Relevant Case Law etc to Barclays by the 5th, but not to the courts? That's not so bad then is it?

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No send identical packages to ALL parties ! You cannot give the defendant information and then not give it to the person who is deciding the outcome of the case !

 

By the way, good luck, I am following this one closely as I think I will be going through the same thing very soon with Barlcays !!! lol

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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But the court directions specifically state

 

"Decided cases and other legal materials should not be filed but served by 5th April 2007 and brought to the hearing for the court."

 

Isn't the Court requesting that I send all the bunky stuff to Barclays, but not to the court? Won't I upset the judge if I ignore this and send a load of case law to the court as well regardless?

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Apologises, I have just learnt something new....I was always under the impression the same evidence was presented to all parties...however, if that is an express statement from the court, then yes, you must serve the legal material to Barclays and take a copy of the same to the hearing....Sorry for the confusion :S

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I know what you mean though - it does go against the grain doesn't it?! I suppose the court has been inundated with identical bundles lately; I expect the banks are getting a bit short of shelf space too!

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I doubt these bundle things ever get looked at, the banks never enter thiers:rolleyes: maybe thats because they have no intention of ever gracing us with thier presence in a courtroom.

 

Just a possibility, but if it was me, i'd ring the court with some lame excuse and ask for an extra week to do it,as Barclays may likely settle to offload some of thier ridiculous workload and reduce thier crappy reputation with the courts.

 

Just an idea:-|

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I know, it's all such a farce now. I've done the work now so I might as well post them. I cobbled together 2 basic court bundles last night -

 

For the court

-Schedule of Charges

- Statements (highlighted)

- Statement of Evidence (GaryH's; the one that opens with "The claimant submits that...." and ends three pages later "...disproportionate contratual penalties and unenforcable at law".

That's all their directions asked for.

 

For the Barclays Legal Evel Knieval Eagles

- as above, supplemented by -

- Relevant Case Law to Penalty Charges (from 'court bundle' on this site)

- Unfair Terms in Consumer Contracts Regs 1999 (" ")

- Unfair Contract Terms Act 1977 ( " ")

- Dunlop Vs New Garage and Motor Co 1915 ( " ")

- OFT's action on credit card default charges 2006 ( " ")

 

 

That will suffice I think. Anyone disagree? Any glaring omissions?

 

And I also suspect that these bundles will end-up, unread, in the recycling bin shortly after arriving at their destinations.

 

I'll post them off on Monday and then get on the blower and try to convince them to settle there and then - then I have to start the whole process again to reclaim all the charges they've made on the account since I started this claim last July!

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I'd wager it'll more than suffice Penny, well done with the effort - I wouldn't know where to begin as never bothered (just like our friendlly banks). As for anything omitted, I wouldn't know - but recognise alot of the content mentioned.

 

One feels payday looms for you Penny,

 

James;)

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