Dene vs Barclays ********WON******

[Dene2]

Hi Dene i am at the same stage as you with barclays and i have just had to fill in a allocation questionaire and send in a traking fee of £100.00 as my claim is now over £1500

 

Hi, Just been reading about the allocation questionaire thing. Not going to expect mine until january now with the christmas post and all. Is it a flat rate do you know (ie £100) for the AQ ordoes it go up (my claim is over £3500!)

 

Good luck with your claim!!

[sandbag]

Hi Dene - my claim is for £5000 and i just paid £100 for my Allocation Questionairre.

Good Luck

Regards Sandbag.

[Dene2]

received barclays defence today along with an AQ to fill in.

 

Just going through the defence and the first paragraph is

 

1. The Particulars of Claim do not provide details or particulars of the account in question. To the extent it is alleged that the Claimant inccured bank charges on his account for unauthorised borrowings (whether unpaid fees for returned checks, "paid referal fees" or any other such fees). The defendent puts the claiment to strict proof of each charge and the date thereof.

 

Havnt got my head around the rest just yet but Im presuming thats them asking to see copies of my statements?

Be easier to tell them to check on their own system surelly.

 

anyway as for the rest im wondering if its just standard stuff.

can someone point me to a thread where a defence from barclays has been posted up so i can compare them? Or would it be an idea to post up the full text here?

[Welshman]

Take a look at post #105 in my thread. The link's in my signature blow.

[Dene2]

ah thanks once again. i knew id seen something somewhere.

 

ok then AQ and payment will be off asap (depending when the PO opens again after chrimbo!).

[Falcom]

Hi Dene

 

Just got my defence from barclays this week - it is slightly different to Welshmans.

 

I have put mine on my thread Peter Rabbit v Barclays it has an extra paragraph to Welshmans but it seems pretty standard.

 

Peter

[Dene2]

cheers Falcom, ive just checked your thread and my defence ive received is 98% identical to yous (seems less scary now)

 

good luck with yours

[Dene2]

Taking today to fill the AQ and start copying statements.

 

one question before i put the AQ in an envelope.

 

under "Other Information" is this the correct info to put (quoted below) or is this only for when you think it might not be for the small claims track (my claim is less than £5000)? Ive got a bit confused!

 

I am respectfully requesting that my claim be allocated to 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 their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. 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 allocation 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 believe that this case will not take longer than 1 hour.

[Welshman]

Dene - take a look at this thread before you send the AQ off.

[Dene2]

Dene - take a look at this thread before you send the AQ off.

 

sorry, which thread? Only link i see is your in your sig.

[Welshman]

Duh!!!

 

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

 

Sorry, thought I'd cut and pasted it.

[Dene2]

ah yes i read a little about that in the newsletter. will look into it now.

 

thanks

[Dene2]

AQ just sent by recorded delivery (deadline 9 JAN 07) along with attached draft order and payment.

 

Now in the process of copying all the relevent statments from the S.A.R - (Subject Access Request)... might take a bit!

[Falcom]

Hi Dene

 

I have just completed my AQ and attached Draft Order for Directions and payment. I will hand deliver mine to the court tomorrow (it due in the 6th) so I am still on schedule.

 

It took me a little while to get my head round the Draft Order for Directions idea but once I got it it did make sense.

 

Since we are both at the same stage it will be interesting to see what response we get and whether two different courts respond in the same way!

 

Peter

[Dene2]

Hi Dene

 

I have just completed my AQ and attached Draft Order for Directions and payment. I will hand deliver mine to the court tomorrow (it due in the 6th) so I am still on schedule.

 

It took me a little while to get my head round the Draft Order for Directions idea but once I got it it did make sense.

 

Since we are both at the same stage it will be interesting to see what response we get and whether two different courts respond in the same way!

 

Peter

 

yeah hopefully it will speed things up abit but it does seem to come down to how busy the courts are from reading a few threads. Mines been transfered to brecon couty court which is one of the smallest in wales. will see what happens now i guess.

 

I think ive subscribed to your thread if not will do it now and keep and eye on it

 

also, took a couple of days over christmas to get copies of all my statements and correspondence done. that was a big job that i didnt want to leave until the last min!! Just need to print the court bundle out now and arrange it all somehow.

[Falcom]

Hi Dene

 

My case has also transfered to my local court. I will start getting all my statements copied this weekend and the rest of the paper work pulled together.

 

Good Luck

 

Peter

[Dene2]

Hi,

 

received a letter today from Brecknock country coutry.

 

To all parties

As a result of an order made on 10 Jan 2007, this claim has been transferred to the cardiff country court

 

the attached piece of paper says the following

Before district judge R Singh CBE sitting at Brecknock country court brecon law courts....address

Upon allocation referal and neither party attending

 

IT IS ORDERED THAT

The claim be transfered to Cardiff Civil Justice Centre, 2 park street, cardiff.

 

Is this normal practice? to be transfered from one country court to another?

 

also the text ive highlighted above about neither party attending. I hadnt received a date or anything regarding attending the court? Would that be an allocation hearing then? I hope i havnt messed up somehow!!!

 

not sure what i do now! do i wait and see what happens or maybe now would be a good time to try and draft a letter to barclays giving them another chance to settle?

[Dene2]

can someone please point me to a draft letter of some sort i could send to barclays giving them another chance to settle out of court?

 

please

[Dene2]

received a court date today from cardiff courts...

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

1. Direction will be given in this case by the designated civil judge, Judge G Hickinbottom on the 26th March 2007 at Cardiff Civil Justice Centre.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

so it seems the draft order was not accepted in my case.

 

anyway my main question is this. Should i now send the court bundle off to both? I have done copies of all statements and correspondence since the S.A.R - (Subject Access Request).

im not sure on what to do with the schedule though? what date should i print it off bearing in mind that it obviously changes each day.

 

is it simply a case of sending everything (court bundle, schedule, & statements) now and waiting around til march to see what happens?

[dickeggsy]

DENE ,see a few of the posts above yours.looks like there's going to be a lot of people in cardiff that day.lol.

[Dene2]

DENE ,see a few of the posts above yours.looks like there's going to be a lot of people in cardiff that day.lol.

 

does indeed look like the 26th is gonna be busy!! checking out the threads now. ta

[Dene2]

sorry if this is a bit long winded...

 

Just deciding if im going to attend the directions hearing. will need to book it off monday.

 

IF i dont go (might yet but IF i dont)...

 

would the following be ok as "written representation"

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

Further more, the Claimant requests allocation to the small claims track based on the following points:

 

1. This is a consumer dispute and should be allocated to the small claims which is designed particularly for consumers.

 

2. The claim is below the £5000 Fast track threshold. The Claimant filed the claim believing it would be dealt with in the small claims court and did not anticipate the risk of bearing the costs in the Fast Track. So to transfer to fast track would be grossly unfair.

 

3. Under the overriding objectives of the Civil Procedure Rules there is an obligation on the judge to ensure the parties are placed on an equal footing. As the defendant is a huge financial institution it would be unfair to place this in the fast track as they would have the advantage in being able to bear the risk of costs whereas the Claimant does not.

 

4. The points of law relied upon are well established and settled law with no complex issues of interpretation. There is thus no need for it to go to the County Court.

 

 

 

Additionally the Claimant has attached a copy an order from a previously allocated case of the same type.

 

...and enclose a copy of the draft order (as already sent with AQ)

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148

 

and a copy of this related order from the court...

http://i145.photobucket.com/albums/r234/GaryH_bucket/Order.jpg

http://i145.photobucket.com/albums/r234/GaryH_bucket/Orderpage2.jpg

 

 

would that about cover it? or have i got the wrong end of some stick. already got confused once and was going to send the court bundle so that wouldnt surprise me!

[GaryH]

Thats spot on. No need for the full bundle. The letter I've been giving people (mainly LTSB claimants) for the South Wales prelims is this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/56933-tjc-ltsb-2.html#post524956, but the one you have done is fine - even better perhaps as you go into more detail about why the claim should be allocated to small claims. The only thing I would suggest is to add the top bit, I.e. -

 

Dear Sir/Madam,

 

 

 

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to... (add reason). As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow..........

[Dene2]

Thanks Gary, I have added that to the exiting letter. I will hold off sending just yet though untill im 100% on what i will be doing. May try giving barclays a ring first though to test the water.

[mamatemi1]

I am filing on Monday. Called Barclays on Friday to test the water. I was told that they could increase the offer from the previous £1000 but if I wanted my claim in full, then I would have to 'take it further'. I don't think there is much value in calling them. In fact I get the feeling that those people who hav stuck to the legal timetable are getting there fastest. Just ignore Barclays and go through the courts. They settle at the door of the court!!