Hills v Barclaycards(s)

[,hills]

I think things may have crossed in the post.

 

I started MCOL claim 2nd November and it was issued 3rd November, deemed served on 8th November.

 

I also sent Barclaycard a letter 2nd November forewarning them that expect notice from MCOL and gave them the Claim number.

 

Meanwhile I received an offer of £670, letter dated 6th November.

 

Things obviously crossed in the post.

 

I have now received my statement that shows they have credited my account with the £670.

 

Obviously I am not interested in part payment and want the full £3,004.

 

Do I need to inform MCOL that I have received a part credit.

Do I need to acknowledge the credit to Barclaycard and say I accept only as part payment.

or

Do I do nothing as the claim has already been served anyway and Barclaycard have until 22nd November to reply to MCOL.

 

thanks

[121o121]

I would definately write to Barclaycard and tell them that you will accept the credited amount as "partial payment".

 

I wouldn't notify MCOL yet as the claim has been fully settled.

 

Good Luck

[,hills]

Have now sent the rejection letter and by the way, you should have been contacted by the court by now, ref xxxxxx.

 

Thanks for advice

[,hills]

Have now received the N149 Allocation form from Northampton Court.

 

All seems straightforward thanks to the step by step help.

 

A couple of queries if someone could help please.

 

- I presume, my local court has the information previously sent to Northampton, (letters, amount claimed, spreadsheet etc).

 

- In section G, Further Information. Should I leave this blank.

 

- What happens to the £100 paid to the local court. How/when do you add this on to the total claimed.

 

Thanks

 

Nearly there.

[hagenuk]

Ok, look here for details of how to fill in the N149.

 

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

[,hills]

Update

 

Gave the Allocation form into Court on Thursday, paid the £100.

 

Suppose wait for court date now.

 

In other posts by people, everyone mentions preparing the bundle of paperwork,

 

- what is it

- can I start preparing now while I'm waiting for the court date

 

Thanks

[roydosan]

Go to the FAQs - Bankfodder has a zip file with everything you should need for the court bundle (excepting your own correspondence of course).

[,hills]

thanks roydosan, but have looked but can't find it.

 

have you a link.

 

Thanks

[,hills]

Still can't find info on 'court bundle'.

 

Can anybody please explain or supply a link in order for me to prepare for next step.

 

Thanks

[TANZARELLI]

Still can't find info on 'court bundle'.

 

Can anybody please explain or supply a link in order for me to prepare for next step.

 

Thanks

 

Hi ,hills,

 

Hope you had a good xmas.

 

Try this link to the basic court bundle. You will need to add in all your bits ie letters too and from, statements, letters from court etc.

 

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

 

Hope this helps.

 

Tanz

[,hills]

Barclaycard had until the 26th December to reply to the Court.

 

I'll be generous and call the Court nxt week if I've not heard by then.

[TANZARELLI]

I'D STICK TO YOUR OWN TIMESCALE. WHY GIVE THEM EXTRA TIME?

 

Tanz

[,hills]

Hope I havn't made a mess up at the last stages,

 

When giving the Court the Allocation Questionaiire and fee before Xmas, in section G, Other Information, I just put in "I believe you have all the relevant documentation ..... any further will be supplied....."

 

After continually reading the forums, it now looks like I didn't fully understand what I should have put in as per the FAQ's

 

I am due to call the Court today as Barclaycard had until the 26th December to reply to the Court but I havn't heard anything.

 

Because of not filling in section G as reccommended, will this affect my claim.

 

Thanks

[TANZARELLI]

Hope I havn't made a mess up at the last stages,

 

When giving the Court the Allocation Questionaiire and fee before Xmas, in section G, Other Information, I just put in "I believe you have all the relevant documentation ..... any further will be supplied....."

 

After continually reading the forums, it now looks like I didn't fully understand what I should have put in as per the FAQ's

 

I am due to call the Court today as Barclaycard had until the 26th December to reply to the Court but I havn't heard anything.

 

Because of not filling in section G as reccommended, will this affect my claim.

 

Thanks

 

Hi hills,

 

I wouldn't worry about it as I didn't in my case against Barclays. For future claims its worth adding the following as you are requesting the the court orders standard disclosure, which would mean the banks would either have to settle quicker or disclose their costs etc, which they would never do. The text advised should read somethin like this:

 

"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".

 

However it is not essential. I wrote to the court after submitting my AQ and asked if the Judge would consider ordering it after, but heard nothing back. My claim still was settled in full.

 

Don't stress its not the end of the world.

 

Tanz

[,hills]

Thanks for that. I hoped it was the case.

 

I'll prepare the proper case bundle when I get the court date.

[TANZARELLI]

Not a problem.

 

Tanz

[,hills]

Chased up local County Court re any news. They have said it is being transferred to London Mercantile due to the amount of cases they have had.

 

Waiting to hear from them now.

 

Wife is worried because it's her card(s) I'm chasing up. She's petrified she will have to stand up before the Judge.

[TANZARELLI]

it wont come to that but it is useful for her to do some reading just in case so if it did she would be prepared.

 

Also it will not be in a courtroom anyway it would be in the judges chamber more than likely.

 

But 99.9% it will be settled prior to this anyway so I wouldn't worry just read up and be prepared.

 

Tanz

[,hills]

Recieved notification from Court today giving 13th February London Mercantile Court.

 

It states it will be a Small Claims Hearing... several others will raise similar cases.... although allocated Multi track.... cost rules fo the Small Claims Track should apply...

 

A few questions.

 

- If it does come to the day and it looks like I have to turn up, would I be able to go rather than my wife (I'm doing the paperwork on behalf of her), as she has 2 school runs in the morning and again later on in the day.

 

- Looking at the Court Bundle thread, it mentions you will be asked to forward copies to the Court and Barclaycard. But the paperwork I received makes no mention of this. It says 'the hearing is intended to give directions for the hearing'. Do i need to have 3 copies with me or do I post them or do I do nothing until requested.

 

- Did everyone go to WH Smiths etc to ge proper binders etc.

 

- When copying Bank Statements, do you only copy those statements with actual charges you are contesting.

 

 

 

Many thanks

[TANZARELLI]

Recieved notification from Court today giving 13th February London Mercantile Court.

 

It states it will be a Small Claims Hearing... several others will raise similar cases.... although allocated Multi track.... cost rules fo the Small Claims Track should apply...

 

A few questions.

 

- If it does come to the day and it looks like I have to turn up, would I be able to go rather than my wife (I'm doing the paperwork on behalf of her), as she has 2 school runs in the morning and again later on in the day. (I would think she would have to attend)

 

- Looking at the Court Bundle thread, it mentions you will be asked to forward copies to the Court and Barclaycard. But the paperwork I received makes no mention of this. It says 'the hearing is intended to give directions for the hearing'. Do i need to have 3 copies with me or do I post them or do I do nothing until requested. (its up to you when you send this but I would wait until they request it, a dealine of 14 days prior to court date is the norm)

 

- Did everyone go to WH Smiths etc to ge proper binders etc. (for the judge its good to have it preparred and easilly referencable (if thats a word) and yours should be the same, however for the bank you can just take it into the branch and then tell them what it is and ask for a reciept, they can send it through internal post (and it p*sses them off).

 

- When copying Bank Statements, do you only copy those statements with actual charges you are contesting. (yes, save the trees and your ink. If no charges on them then you dont need them.)

 

 

 

Many thanks

 

HTH

 

Tanz

[,hills]

Thanks Tanzarelli

 

Just to reconfirm, when I attend the initial Small Claims Hearing, I do not need to have already sent the Court Bundle.

 

It will be the next stage that I will need to have it prepared.

 

Thanks

[TANZARELLI]

Thanks Tanzarelli

 

Just to reconfirm, when I attend the initial Small Claims Hearing, I do not need to have already sent the Court Bundle.

 

It will be the next stage that I will need to have it prepared.

 

Thanks

 

No this is just to see which track they give your claim. However if you feel like taking it with you then that is fine. However when the main court date is given you will need to have sent it to the court and the Defendant 14 prior to this.

 

Hope that clarifies this for you.

 

Tanz

[,hills]

Thanks again.

[innocent]

Any news?

 

I have a hearing on the 19th Feb....!?

 

Dont know what to take other than myself, for this??

 

Have Barclays ever turned up to an allocation hearing???

 

Have you tried contacting barclays for settlement??

 

 

Nervous (because never been this far before) but confident (we are right) times......

 

Innocent

[,hills]

Still planning on 13th Feb for hearing, not heard anything else.