my Barclaycard charges court claim- *WON + Comp INT**

[Noumidia]

I filled a claim against Barclaycard charges. I was expecting to receive an allocation questionnaire form N149 not direction questionnaire N180 which does not contain the section G (additional information).

My question how do I attach the draf direction to the N180. Pease any advice ?

[citizenB]

I will ask for you

[Noumidia]

Thanks CitizenB.

[citizenB]

Simples...you dont attach Directions to the N180 its Small Claim Track hence no G.

 

I am assuming therefore, if you have already submitted your defence tailored to the fact that no documents have been produced, then you would probably need to make application to the court on form N244 - which will incur a fee

 

Do you have a thread on the subject of this question ?

[Noumidia]

I am the claimant, I just received a

1) Notice of Proposed Allocation to the Small Claim Track.

2) Small Claims Mediation Service.

3) Direction questionnaire N180 (Small Claims Track)

[citizenB]

Right, well ignore what I told you in post 4.. apparently in a Small claims the Court directs disclosure and stuff. However, as you are the claimant, I will flag your question for one of the experts and ask them to look in and advise.

[Noumidia]

Thanks citizenB, Slick132 may have an idea .The new form N180 is simple and straight forward.My problem is where do I put my draft direction?

[AndyOrch]

What direction are you wishing to make?

 

Regards

 

Andy

[Noumidia]

I would like add to the form N180 the following point:

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e) Any witness statements.

f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[AndyOrch]

I can only repeat what CB has conveyed already you dont make draft directions in the SCT only Fast Track that's why there is no G or section for draft directions...the DJ directs the process.By all means attach it to your N180 but it will be the DJ who directs.

 

Regards

 

Andy

[Noumidia]

I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.

[citizenB]

I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.

 

The answer to this is there has been quite a bit of change in the forms and other stuff for small claims court

[Noumidia]

I will attach the draft direction to the N180 as Andy suggested and let the DJ direct the process.Thanks you lot for the assistane and the help. Can anyone direct me to the link for preparing the court bundles.

[AndyOrch]

Take a read here post #2/3

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?384582-NEW-CPR-changes-applicable-from-1st-April-2013

[Noumidia]

Thanks Andy for the link.Is there any point filing Small Claims Mediation Service or just ignore this part.?

[Guest]

would prob be best to tick to agree to that. they should do so as well. if it doesn't prove fruitful no worries, things will continue as is.

[Noumidia]

I may tik and agree to the mediation. I don't think BC will go for the mediation as they filled a defense denying all the claims regarding the bank charges.

[Guest]

is usual practice to still agree to mediation despite denying.

Edited October 5, 2013 by Ford

[Noumidia]

Thanks Ford for the tip

[Guest]

agreeing to mediation doesn't affect any liability etc if mediation proves unsuccessful and it continues to court.

as yours is small claims, any costs consequences won't ordinarily be so much of an issue. so, up to you.

check with andy etc if in doubt

Edited October 5, 2013 by Ford

[Noumidia]

Today, I received a letter (Without Prejudice Save As To Cost) from Barclaycard offering me to settled the dispute including

1) Copy of their N180 (Directions questionnaire).

2) Notice of discontinuance (N279).In case I accept their offer.

3) The also agree to this case being referred to the small claims mediation service.

 

I'm rejecting their offer because the offer is very low and I don't like their intimidation saying "Should you decide to reject the bank's offer, we reserve the right to disclose this letter to the court in relation to the subject of cost.

Please can any one advice how to publish the copy of Barclays letter they send me, so everyone can read it.

[AndyOrch]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Noumidia]

Thanks Andy for the tip

[Guest]

did you also agree to the mediation?

[Noumidia]

I haven't sent mine tied, I was waiting for them before i make a move, I am scanning the letter they send me and have a look to their usual tactics.