Barclays - WON - but reneged on agreement to pay. Suggestions Please?

[Bartok]

Great stuff Slick, Letter amended and sent to court and CC Barclays solicitors.

 

Will keep you posted at the next event.

[Bartok]

I did spot it, and changed it to Defendant. Didnt want to make an issue of it on the thread.

 

For completeness this is the actual wording used:

 

Dear Sir,

 

Please place this letter on the above-mentioned claim for consideration by the court when deciding the Defendants application to strike out the claim.

 

I address some of the points raised by the defendant, in their Application to Strike Out, as follows:-

 

i) The defendant made several references to OFT v Abbey et-al. This case is not relevant because this is about unfair bank charges. This claim is about reclaiming losses as a consequence of breach of contract by the defendant. In any event, I understand precedents cannot be used retrospectively.

 

ii) Paragraph 3 the defendant says I gave 5 days to pay, but the defendant does not mention the judge offered a Tomlin order, but the defendant’s representative said it would not be necessary because payment would be made immediately and this was entered into court records (Claim no. 7QZXXXX). Afterwards I was then fobbed off with excuses and broken promises to pay long before I filed a new claim and it still took the defendant nearly three years to pay.

 

iii) Paragraph 6. The defendant admits it was their "administrative error" for delaying payment by nearly three years, but in paragraph 3 they acknowledge I wrote to them asking for payment in June 2007 (and enclosed a copy of that letter with their application) but does not acknowledge numerous telephone calls asking for payment as promised.

 

iv) Paragraphs 8 (iv), The defendant appears to say court fees cannot be reclaimed in the small claims track. I understood it is costs - as in solicitor’s fees - that cannot be reclaimed.

 

I respectfully submit that my claim has merit and should be allowed to proceed so that the parties can negotiate a settlement, or have the case decided by the court in due course.

[Bartok]

Update.

 

The Northampton Court District Judge did not strike out the claim as originally requested by Barclay's solicitors. The Order reads:

 

"The application to strike out the claim must be heard on notice to the claimant. Transfer the action to the defendant's home court"

 

The claim has is transferred to the DEFENDANTS local county court. I think (and I may be wrong) where a claimant is an individual and the defendant is a corporate entity, claims are transferred to the CLAIMANTS local county court.

 

Once the defendants local court acknowledges receipt, I would like to ask the claim be transferred to the claimants local court. Does anyone know under which Civil Procedure Rule that a claim is transfrred to the claimants local county court under these circumstances?

[Bartok]

Hi, I might have been running before learning to walk.

 

I have written to ther defendants home court and ask they transfer to the claimants home court because the claimant is a person and the defendant is a corporate entity.

 

The defendants home court is to consider an application to have the claim struck out, and there might not be an AQ if the application succeeds.

[Bartok]

Yes its BOW county court, but want it transferred to home court. I've written to Bow and asked for the claim to be transferred.

[Bartok]

The case has been heard (I didnt get a notice of hearing from the court) and made Jedgement. Any suggestions where we go from here?

 

I didnt think the small claims track provided for awarding costs against either party.

 

[Bartok]

Yes, I got the £2400 ish but that was already ours because the bank had drawn the money from the account.

 

The claim was for costs, namely court fees to apply to the court and ask the bank comply with its agreement (signed contract) to pay, when it failed to do so.

 

Should a N244 be filed? and ask for the judgement/order be set aside? the court did not send the claimant a notice of the hearing.

 

I dont understand why the defendant is allowed to claim legal fees when the claimant is not.

[Bartok]

and given the catalogue of errors in the courts handling of the case (and the defendant in breach of contract), should this be a case for complaint to the parliamentary ombudsman?

 

This has left us seriously out of pocket through no fault of our own.

[Bartok]

Yes, horsham is my local court. Let me check what was paid in the previous case and I'll revert back in a moment

[Bartok]

The bank agreed to pay £2000 in June 2007 as part settlement of £4466 on condition the claim is dropped.

 

The bank did not keep its promise to pay.

 

A new claim was filed on 06 May 2010 using the following particulars:

 

The claimant filed a claim against the defendant as claim number 7QZ21261 for unfair bank charges on 20/02/07 and the defendant contractually agreed to pay the claim without judgment on 06/06/07 on condition I close the claim without judgment. The defendant reneged on this and I filed a new claim 7QT08579 which incurred court fees of £120 on 21/06/2007 and £100 on 02/07/2007. The defendant then paid the original claim minus the court fees. The claimant claims a) £220 for breach of contract per se, or by Hadley v Baxendale (1854) 9 Exch 341 and in the alternative; the claimant has a claim against the defendant on the basis of estoppel by representation b) statutory interest under Section 69 of the Courts Act of £49.80 and 0.00022% per day until date of payment. c) court fees.

[Bartok]

I would write to the Court Mgr and ask why you were not informed of the Strike Out Application, or given the opportunity to attend and represent your interests.

 

I think you need more info before you decide how to act or who to complain to.

 

Can you let me know anything else needed? I do have all three case bundles scanned and ready for upload.

[Bartok]

I would write to the Court Mgr and ask why you were not informed of the Strike Out Application,

 

My apologies, we were informed of the application, but we did not receive notice of the hearing date.

[Bartok]

DRAFT LETTER, any comments good and bad.

 

The Court Manager

Horsham County Court

Law Courts

Hurst Road

Horsham

RH12 2EU

 

18 July 2011

 

Dear Sir,

 

RE: [XXXXXX]

 

I write in reply to receiving an order made in my absence.

 

I confirm the court did not send me a notice giving the date of the hearing.

 

This has exposed me to a loss of £905 plus the amount of my original claim and associated court fees.

 

I understand I need to give the court service a reasonable opportunity to put things right in the form of an “official complaint”, and I look forward to receiving an early and positive outcome.

 

Yours Sincerely

 

 

 

[NAME] (Claimant)

[Bartok]

Slick, that is a very good letter, thank you. I wish I had your knack for it

[Bartok]

Any party is entitled to apply to set aside an order made in their absence. It will have to be done on notice - fee £80 - and reasons given for non attendance.

 

That would imply that I have to pay a fee to ask the court to comply with its own rules, it was the court administration that resulted in the claimant not receiving notice of the hearing.

 

Incidentally estoppel can only be used as a defence to a claim, and not a claim itself.

 

You could well be right !! this might explain why the case was struck out.

 

Unfortunately I didnt have counsel to represent me.

[Bartok]

I would also have liked to address the court concerning the issue of costs which, in my absence, were awarded against me at £905.

 

I might be nit picking, but the order says the claimant should pay. Going by usual court vernacular, it doesn't say the claimant do pay ...

 

and this doesnt appear to be a judgement, thus cannot be enforced, can anyone better informed confirm this?

[Bartok]

I had already sent my previous letter, so I'll send your letter above if I dont get a positive reply from the court manager.

 

Someone suggested speaking to my MP, because the court did not follow procedure to allow me reasonable time to represent my interests. Is this a reasobable course of action?

[Bartok]

I think the complaints procedure is the way to go. Does anyone know the procedure?

 

The resolution I would like is:

 

1. The court to cancel the order.

 

If they cant then:

 

2. The court pay compensation for my losses and the amount of the original claim as a result of court administration.

 

Is this reasonable? if not, what would be reasonable?

[Bartok]

The link is very useful, I think complaint then MP is the way forward.

 

As for the second claim, I dont think its unreasonable, not on the scale as freeloading £4400 of money the defendant were supposed to be entrusted with, then agreeing to repay half of it and breaking that agreement. That breach incurred costs and its only those costs I am asking the defendant to repay. This all happened before OFT v Abbey even started.

 

I dont know if that would stand as a reasonable defence for £905 costs and a strike out. Any opinions?

[Bartok]

The court has allowed me to make without a fee, an application to set aside the Order of July 15 and enclosed an N244.

 

Set aside the Order of 15 July 2011

 

because

 

The Claimant did not receive a notice of the hearing from the court and not given a reasonable opportunity to represent her interests.

 

 

Any Advantage/disadvantage in a telephone hearing or going without a hearing? Dont really want to commit any more time in attending.

 

Any comments on my Q3 above?

[Bartok]

Hi, yes this is a set aside application and I have completed the N244.

 

I was womdering if my answer to Q3 on the N244 was OK before I commit to returning it to court.