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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
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mr.sshh vs. B/card - REMOVAL OF STAY


mr.sshh
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HI All :)

morganstanley/goldfish/barclaycard

 

Same B/card account as my other thread but this thread deals purely with my claim for return of "credit card" charges for my Barclaycard account and not CCA - this claim was stayed in August 2008 because it was INCORRECTLY lumped in with stayed "bank charges" cases pending the result of the OFT testcase.

 

On Slick132 's advice I wrote to the court politely requesting removal of stay without the need for submission of an N244 form and the attendant cost. The Court agreed and I've just received my Allocation Questionnaire.

 

However, my schedule of charges is now completely out of date- interest at B/card's contractual rate and new charges have added approx £600 to the claim.

Do I now have to fill in an N244 form anyway to submit a new schedule of charges or is there an alternative option?

 

Any advice appreciated - this is new ground to me as all previous claims have been settled before Allocation stage.

 

Thanks in advance

mr.sshh

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I would return the completed AQ and fee (if applicable) with a letter saying:-

 

Because of the delay caused by the court's incorrect decision to Stay this case, the Schedule of Charges is not up to date.

I would respectfully ask that the enclosed updated Schedule of Charges be linked to my case papers.

A copy of the revised SOC has today been Served on Barclays Bank PLC t/a Barclaycard.

 

If the court requires a N244 Application, they should inform you and you will add the extra costs to the amount being claimed.

 

:)

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Thanks Slick, court sent me wrong Allocation Questionnaire - new one received today (small claims track), submission date remains 19th March.

 

I am trying to access Vampiress's google spreadsheet -advanced credit card -throughout claim with compounded contractual interest but even when signed in to my google account can't access it.

 

Any ideas on best way to access it? :)

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Hmmmm... It seems Vampiress has moved on to pastures new!

 

Does anyone by chance have a version of this spreadsheet they could send me?

From Vampiress's Chambers - Google spreadsheets

 

"CREDIT CARD CHARGES CLAIM CALCULATIONS

 

ENGLAND AND WALES

ADVANCED VERSION-estimate bank interest charged on penalties

 

THROUGHOUT CLAIM WITH COMPOUNDED CONTRACTUAL INTEREST "

 

My computer recently went into meltdown and I've lost this spreadsheet- need to update my schedule of charges URGENTLY so I can send it to Court and Barclaycard by 19th.

 

many thanks in advance

mr.sshh :)

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There asre a couple of spreadsheet links in the Interest Tutorial at Link No6 in my signature.

 

They're not The Vamp's one but may help if you're stuck. The Blueyonder one is easier to use I think.

 

:)

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Thanks Slick, I've got a couple of other spreadsheets as back-up but wanted Vamps one because that's the one I used in my original POC when the claim was submitted way back in 2008- Don't want to give B/card any chance of using the fact that figures are different from orig soc, against me, rather than being an updated version of the same schedule.

I have pm'd one ro two other people so I'll give it til tomorrow to see if Vamps spreadsheet materialises.

many thanks :)

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Slick , was wondering what I need to include in section G of Allocation Questionnaire(Other information)- just being double cautious as this is my AQ debut.

Also, do I definitely NOT have to include a fee for a an N149(small claims) AQ in section H if the claim is under £1500? :)

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AQ fee is NIL for claims under £1500.

 

I assume you're working from here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

The other useful guide is here giving the wording for Section G and the suggested Draft Directions - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482192

 

:)

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  • 1 month later...

Barclays recently made offer to refund just over 25% of claim

 

 

Then ......Received this from court 28th April:

 

"Upon the Court considering the claim herein and the fact that it appears to raise issues identical to those dealt with by the Supreme Court in the Bank Charges case

 

TAKE NOTICE that there will be a hearing for consideration of striking out the claim on ** May 2010 at ** .30pm"

 

Can anyone advise on best preparation for the hearing which is scheduled for 30 mins?

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I think you should write to the court manager pointing out that your claim has nothing to do with the Supreme Court ruling on bank charges because your claim is for the repayment of unlawful penalty charges on your credfit card a/c.

 

If the bank has applied for a Strike Out, they have no basis for doing this as far as I can see. It may even be an abuse of process.

 

If there is insufficient time to do this by letter to the court and the hearing is soon, attend the hearing and explain that the court (and the bank) seem to be confused as to the nature of your claim.

 

Hopefully, if you attend the hearing, you can ask the judge to use your Draft Directions to help bring the case to a swift conclusion.

 

:)

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Hi Slick, thanks for the reply. I have spoken to the Barclays legal clerk dealing with my case. Apparently, Barclays did not request the strikeout hearing. The District Judge assigned to my case ( who is a specialist in family law) seems to be reluctant to acknowledge my arguments thus far that this case has nothing to do with the Supreme Court ruling on "bank charges". I have already spoken to someone from listings but to no avail. Fortunately I do still have time to write to the court.

Barclays meantime have upped their offer again but it's still less than half of my total claim.

 

I wonder if you could help me with how specifically to word my letter to the court manager to ensure absolute clarity of the argument and convince them finally of my claim.

 

my thanks as ever :)

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We could do with some help from you

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Thanks !:-)

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Thanks Slick, I have delivered a letter to the court objecting to the need for a strikeout hearing, although I suspect that I will have to attend the hearing anyway. I have e-mailed you a pdf of the letter I delivered and the attached docs- I wonder if you wouldn't mind taking a look over them to make sure I'm not missing anything

ongoing thanks :)

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Hi Mr Sshh,

 

Having looked at your letters to the court and to BC including your updated spreadsheet, I'd say it all looks to be well on-track.

 

Keep us updated.

 

:)

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