Barclaycard reclaiming penalties and Compound Int't **WON** (probably)

[AndyOrch]

So yes you must complete standard disclosure by 16th...not the bundle that's nearer the trial date.

[AndyOrch]

Also have you not been told to submit and exchange witness statements...that's also usual at standard disclosure and becomes part of your disclosure.

[HP Mum]

Hearing Fee paid

 

 

We had mediation.

Barc made a settlement offer - but no CI - so I rejected it.

Nothing else.

I have never done this before.

I will dig out my POC later and see how I can elaborate on that - is that what I need to do?

[AndyOrch]

Hearing Fee paid

 

Who mentioned hearing fee...I thought we was confirming bundles and disclosure?

[HP Mum]

I had to pay hearing fee by today.

And present all docs by 16th.

But the hearing is not for 6 months.

 

What is standard disclosure?

And what would be witness statements?

[AndyOrch]

What is standard disclosure?

And what would be witness statements?

 

The following is standard disclosure.

 

The court letter states:

"Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing, no later than 4pm on Thurs 16th June"

 

Further down your directions list it usually states submit a statement of case (witness statement )

 

Probably easier if you just upload your Notice of Allocation.

[HP Mum]

Attached General Form of Judgment or Order.

Details covered.

 

The hearing is not for 6 months.

The hearing fee was paid this week.

I emailed Barc Sols rejecting their offer.

Now I need - by Tuesday - to present the documents that the Court requests in this Order.

I am just not quite sure how much I need to elaborate now....

I am working this w/e so will probably have to burn the midnight oil if there is tons of research and writing to do...

 

Attached NOA

details deleted

 

I am just trying to get on top of all the items I need to collate for my court bundle.

 

First I need to present a statement of all the evidence I will rely on at the scheduled hearing at the end of this year.

Is this a simple 1-10 pointer of all the things I will elaborate on at the hearing? Is it almost a repeat of the POC? Or do I have to elaborate more?

 

I am working through the items I need to find and print out. One of these is the OFT summary. I have been trying to find the correct OFT Summary!! Is it the summary of the case vs Abbey National that I need to print? And research?

If so, is there a good summary lurking somewhere. I have tried clicking on a couple links and they don't work.

 

One thing I need to be very clear in my head is - why do we all call these charges unfair penalty charges whereas the bank calls them late payment fees? I think I understand this is the crux of my argument

 

Am working on this today AM so may have other questions coming up....

 

If for example I wish to present the OFT summary in my (end of year) hearing bundle, do I just have to refer to it now in my letter to the court this week ???

Writing something along the lines of: I will be relying on the evidence contained within this document - the OFT summary of x case, dated xx....etc....

 

Have copied every bank statement which included penalty charges. Lots of work!!

Barclays Gen Form Judgment or Order-May2016.PDF

Barclays NOA - June 2016.PDF

[martin2006]

Yeah your getting there now mum.

Witness statement

Sempra

Kleinwort

Oft 2006

soc

Any other docs you reference in your witness statement which you annex as part of your bundle

 

So for eg:

 

The charges scheduled in the claimants SoC and annexed as pg 21-23

 

You get the idea?

 

(Pg ref for example only)

 

Good idea to point out the relevant parts of the documents you will be relying on

[HP Mum]

Should I update the SOC to current amount?

Or leave it at the value it was?

Since I started the claim the interest has added like £300.

Or should I not do that until 2 wks before the hearing? which is at the end of the year

 

Just to confirm is it the Abbey OFT summary I need to print?

[slick132]

Hi Mum,

 

You don't need to print the Abbey case summary. It's the summary from The OFT that should be linked in the Bundle doc't I sent you. If you can't access it, let us know and we'll help.

 

Stick to the SoC submitted with the claim. From then on Stat'y Int't of 8% applies at the daily rate you showed on the N1 Claim form.

 

;-)

[HP Mum]

Hi Slick

I can't access it - the link is broken. The computer gives a message saying it has moved.

So if you could point me in a different direction that would be great. Thanks.

 

Since I filed my claim Barc has added another 4 penalty charges. Should I mention this in my bundle?

[slick132]

Hi Mum,

 

Re the more recently-added penalty chgs, you can negotiate about this with BC as part of the settlement. They may agree to refund these to save you taking further court action.

 

Send me your email address by PM and I'll send you the OFT article that is in the court bundle.

 

[HP Mum]

HI

Can I have some advice please. The wording on the Order above says: " Each party must deliver to every other party and to the court copies of all docs on which that party intends to rely at the hearing.....by Thurs 16th"

I am confused with exactly how much work I need to do today/tomorrow....

 

 

Does this mean I need to send my complete bundle of evidence NOW?

 

 

a) = an updated schedule of charges as of today

b) = all account statements showing where the charges have been taken and how much

c) = my statement of evidence (need help on this)

d) = Law cases and statutes - listing all those within the court bundle (in detail or just summaries?????)

[martin2006]

You need 3 copies of your bundle, 1 for court, 1 for other sides sols and 1 for you

 

A) the SoC can stay the same as the date on the n1 and you will be claiming s69 after that date to whenever its settled

B)Afaik u dont need acc statements, just the SoC

C)witness statement is an expanded PoC detailing everything

D)Yes but highlight the relevant parts of the statutes and refernce them in your WS where necessary

[HP Mum]

I have been reading other threads.

I have read Gary H and Peter Rabbit v Barc.

In these threads there are 2 templates of "Statement of Evidence"

Do I adapt one of these templates to cover late payment charge and send this in NOW?

 

I am worried.

The hearing is not until the end of 2016.

So do I need to prepare copies of every piece of evidence (the bundle) NOW?

I thought I just needed to tell them the bare bones of what I will be relying on. Not the full apx 100-200 page bundle (x3 copies) now....

I am desperately trying to collate info this AM. But I am going to run out of time if I need to prepare a whole bundle of docs by end of tomorrow

 

I now have the OFT summary.

It is a large doc - calculating fair default charges in credit card contracts. But Barc sent it to me as part of their defence. Should I copy it and include it as part of my evidence too?

 

 

TBH - I have NO idea what I am doing today. I am reading and re-reading and writing & re-writing and trying to make sense of the stage I am at today - and I must be completely stupid as I still can not work out what I am supposed to file by Thursday. A summary or my bundle or the complete huge bundle.

 

The Order specifically says "each party must deliver... copies of all documents on which that party intends to rely at the hearing...."

Does this mean my FULL bundle of evidence ???

Can someone please advise. I just do not get it.

I am very slow at the moment, overwhelmed by papers and other people's threads, and not enough time to prepare a FULL bundle today.

I feel like giving up now if I am supposed to prepare a bundle today.

[AndyOrch]

I think you need to get the word " bundle " out of your head then you will see far more clearly...bundles are for nearer the trial date as stated in your Notice of Allocation.

 

This part of the process is Standard Disclosure...you can list your standard disclosure on the N265 and then attach anything you will be relying on or referring to as part of your evidence.

 

So there cant be that much to prepare ...statements ...letters of disputes.....and the OFT summary (the parts you will rely on not the full schedule)

 

Andy

[HP Mum]

OH

This is the first time anyone has mentioned a N265 form

I had no idea that there was a special form for this stage.

I will have a look now and download.

 

I have an on-going case with another credit card and they have missed this stage - I have to go straight to hearing (with full bundles) next month

 

N265 looks very complicated.

I have no idea how to fill it in.

[AndyOrch]

Then don't use it ...just create your own cover note index and list the documents disclosed

[HP Mum]

Sorry - I have had such a BAD day.

 

So: Do I have to fill in a N265?

Or can I just write my witness statement and include references to all docs I intend to bring to court? or show the exact docs?)

If I fill in the N265 can I add extra sheets?

 

Re N265

 

There are several boxes to fill in:

I did not search for docs predating? located elsewhere than ? in categories other than? for electronic docs? DO I FILL IN ANY OF THESE?

 

I carried out a search of electronic docs contained on or created by the following (listing what was searched and extent of search):

DO I FILL IN HERE:

- S.32 of Limitation Act 1980, with particular reference to Kleinwort Benson v Lincoln City with regards to claims beyond 6y

- Sempra Metals Ltd v Commissioners for Inland Revenue (07),with regards claiming Interest in Restitution

- Lord Elphinstone v Monkland Iron & Coal Co (1886)

- Wilson v Love (1896)

- Castaneda & Others v Clydebank Engineering & Shipbuilding Co ltd (1904)

- Commissioner of Public Works v Hills (1906)

- Campbell Discount Co Ltd v Bridge (1962)

- Philips v The Attorney General of HK (1993)

- Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1915)

- Murray v Leisureplay (2004)

- 1st Commercial Bank & Others v The Owners of "Mandarin Container", "Kingdom Container"

- Alfred McAlpine Capital Projects Ltd v Tilebox Ltd

- Early Day Motion 2227, entitled Default Banking Charges, dated 22-05-2006

- OFT press release dated 05-04-2006, entitled "Current Credit Card Default Charges Unfair"

- The Unfair Terms in Consumer Contracts Regulations 1999

- Unfair Contracts Terms Act 1977

- Supply of Goods & Services Act 1982

- Australian default charges report – Nicole Rich - A summary

- BBC News – The Money Programme bank commission

- Transcript of radio interview with Peter McNamara, former head of personal banking, Lloyds TSB, 2004

 

Then under the section "I have control of the docs numbered and listed here. I do not object to you inspecting them/producing copies:

HERE DO I LIST THESE DOCS:

- my Schedule of Charges, date of Claim

- my Simple Interest of 8% Calculation from date of claim to current date

- my bank statements showing each penalty charge applied to the account

- All pre-litigation correspondence between the parties

 

- and a separate Statement of Evidence

 

I will paste the draft I have worked on all day below

 

I only had today to draft my witness statement and pull together all the relevant docs, statements etc.

I have attached a draft - is this too much? not enough? incorrect? needs work? (I have not put much in about KB or Sempra - do I need to add more?)

 

I am really not sure if I need to attach all the docs I have written / printed OR just to refer to them???

The Court Order seemed to be specifically inferring that I need to attach all documents or my evidence may not be taken into account at the hearing later this year.

Advice??

 

I can spend max another 1-2h on it.

Then I need to post it or email it

 

am exhausted. Have been working all day

 

Morning

 

I am about to edit / rework what I did yesterday. I have a couple hours available.

First question: Can I email? or do I have to post?

If can email - I have another day to play with. Otherwise I had better post today to ensure it reaches court in time.

 

So - does anyone have any advice / support for what I have worked on???

Would really appreciate some input at this 11th hour of filing witness statement and evidence.

 

The main thing is, for example, do I attach the whole UTCCR now - or just refer to it and then take the whole report to the hearing...???

BARC witness statement edited.pdf

[AndyOrch]

Morning

 

 

I am about to edit / rework what I did yesterday. I have a couple hours available.

First question: Can I email? or do I have to post? Possibly to the defendant if they accept electronic submission..you will have to post the Courts.

If can email - I have another day to play with. Otherwise I had better post today to ensure it reaches court in time.

 

 

So - does anyone have any advice / support for what I have worked on??? Its okay ..there is no right or wrong...its simply evidence in support of your claim

Would really appreciate some input at this 11th hour of filing witness statement and evidence.

The main thing is, for example, do I attach the whole UTCCR now - or just refer to it and then take the whole report to the hearing...???

Just refer to it then include it in your trial bundle.

 

Andy

[HP Mum]

And do I need to copy every bank statement NOW? or just refer to them.

anyone?

 

 

Thanks Andy for the above input....

Just need to know about statements now.

 

 

Am editing now.

 

 

I have actually just received the Defence!!

[AndyOrch]

Have you not done a spread sheet re the unfair charges ...I would attach that.

 

Pity you didn't have the defence before drafting the WS.

 

Andy

[HP Mum]

I have the defence in hand and am kind of editing around that!!

 

 

I did a Spreadsheet of the penalty charges yes, with CI.

And have created another spreadsheet for the simple interest of 8% since filing my claim. I can do that can't I?

 

 

they have picked flaws with my basis for claiming restitution and with claiming beyond 6y.

I am just trying to write 2 great paras to justify these 2 claims.

I know it is Sempra & KB - but I need to articulate these really well, and in a way I didn't in my POC.

That is pretty much the last thing I have to do now - before making copies and running to the Post Office

[AndyOrch]

Yes use the spread sheets ...you can use the actual statements in your bundle later on.

[HP Mum]

Is there a good thread with a great paragraph on how and why I can claim CI??

They are saying I have not elaborated on how and why I can. It is not enough - they say - to just say I will rely on Sempra.

 

Same for claims beyond 6y - is there a good thread with a great para I can edit on why statute of limitations does not apply.

I have info on KB but am struggling to write a brief articulate paragraph

 

Good to know I don't have to copy tons of card statements !!

 

ALSO -

How do I explain why I am entitled to 8% interest subsequent to filing my claim?