Grum Vs Barclays

[Grimsolo]

I have just received the defence from Keith, I am going to post it on here in a min but just wanted to clear something up first

 

On point 1 it says,

 

The particulars of claim do not provide details or particulars of the account in question / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the claimants failure to correctly identify and particularise an account held with the defendant, it is admitted that the claimant has an account, number xxxxxxxx, sort code xx-xx-xx. However, to the extent it is alleged that the claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, Paid referral fees or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

 

So I guess I have messed up and need to send them a copy of my charges asap?

 

 

 

I will be adding the rest of it later.

 

 

 

Cheers!

 

 

 

ps can I change the title of my thread somehow? something like 'defence received!'

 

 

Thanks G

[lelole]

Hi

 

I am atthis stage myself and wondered what to do, but I haven't done anything about it, because I read another thread, and the court sent a request for supporting information after receieving the AQ

 

Not sure but expect this is the same in our cases too - if it gets that far!

 

lelole

[Grimsolo]

Welcome aboard lelole!

 

I have been looking at this thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/2258-blueskies-barclays.html and am thinking of making the call in the morning.

 

I was thinking about calling him up anyway just to let him know that I am emailing him my list of charges.

 

GOOD LUCK

 

NOT LONG NOW!

 

G

[jonni2bad]

Simply send their solicitors (as named on the defence papers) a copy of the spreadsheet showing charges. The fact that you may have sent one before seems to make little difference to them, probably because the left arm doesn't know what the right arm is doing!

 

This, if anything, should give you confidence.

 

Again, I would not advise calling them by phone to resolve this - they have had their chance before - now it's your turn to be in control. Use it to your advantage. Don't accept anything less than every last penny of your claim and do not, under any circumstances, accept any conditions for settlement (which is exactly what their legal team will be pushing for in order to settle if you phone them).

[Grimsolo]

Just an update

 

Have filled out my AQ and am posting it tomorrow.

 

Should be a donation on its way soon!

 

G

[Grimsolo]

I posted my AQ to the cout yesterday, probs a stupid question but it is ok to post it right?

 

I have also added this into 'Other' 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 such an order would bring a rapid end to this litigation.

 

But what the hell does this mean?

 

Cheers!

 

G

[Grimsolo]

***bump***

[Spotted Dog]

Grimsolo

 

Have alook at BookWorms thread - and you will see that the Court has made a response specifically because of the 'Disclosure' clause

 

Spotty

[jonni2bad]

Post it - fine

 

The other bit means - I want my case to be heard in the small claims track, but I also want them to supply evidence of their costs, because if you make them, they will run a mile.

[Grimsolo]

Nice 1 thanks!

 

Have also emailed My KJ with a list of my charges as he said in the first line of his defence that he puts me to strict proof about them but have decided to send him a letter with the charges in print also just to be sure.

 

Good luck

 

Grim

[Grimsolo]

Just a little update

 

Court date is the 15 November!

 

Just need to get my hands on a few more bits of evidence and send it in by the 18 October.

 

Good luck

 

G

 

ps

 

No mention about standard disclosure???

[jonni2bad]

It's only a chance, not a guarantee.

 

See my Halifax thread for a list of documents and how to put them together (remember though that my claim includes doc's to force the removal of a default notice, so not all would be required for your case (i.e. DPA etc)

[Grimsolo]

Just been gathering all my stuff together and came across this letter which is stapled to the back of my Notice of allocation, It is saying that my case will be grouped together with other cases!

 

Just seeing if others have had this?

 

NOTICE TO ALL PARTIES

 

THIS COURT OPERATES A POLICY OF BLOCK LISTING FOR SMALL CLAIMS HEARINGS IN THE INTERESTS OFCUTTING DOWN WAITING TIMES FOR THE ALLOCATION OF HEARING DATES AND IN MAXIMISING THE USE OF DISTRICT JUDGES SITTING TIMES.

 

 

THIS MEANS THAT YOUR CASE HAS BEEN LISTED AT THE SAME TIME AS A NUMBER OF OTHER CASES. IT IS IMPORTANT THAT YOU AND YOUR WITNESSESS (IF ANY) ATTEND AT THE TIME INDICATED IN ORDER TO AVOID YOUR CASE BEING DEALT WITH IN YOUR ABSENSE. THERE WILL NORMALLY BE TWO DISTRICT JUDGES SITTING.

 

ALTHOUGH THIS SYSTEM MEANS THAT YOUR CASE MAY NOT BE HEARD AS PROPTLY AS YOU WOULD LIKE, THE BENEFIT TO ALL PARTIES IS THAT THE CASES WILL BE HEARD A FEW WEEKS EARLIER THAN WOULD OTHERWISE BE POSSIBLE.

 

ON ARRIVAL AT THE COURT OFFICE, PLEASE OBTAIN AN INFORMATION SHEET FROM THE SMALL TABLE IN THE WAITING AREA..... You dont need to know the rest unless you want to grab a coffee from my local court...

[Grimsolo]

Just a little update for ya

 

Have gathered all stuff needed for court.

 

Used the court bundle from the templates library

 

Have included:-

 

All correspondance

Latest Schudule fo charges

Statements

Relevant case law summary

Early day motion from the house of parliament

Dunlop versus New garage

UTCCR 1999

UCTA 1977

SOGA 1982

OFT statement summary

 

A grand total of about 160 pages

 

Anyone have anything else I could add?

 

Cheers!

 

Grim

[Bookworm]

Looks pretty good to me..... But then, I would say that, wouldn't I...

[Grimsolo]

THE AUTHOR HIMSELF!

 

Yes I guess you would.

 

Good job Bookworm!

 

 

Cheers!

 

Grim

[Grimsolo]

Hello!

 

I have to send my court bundle off by Wednesday and have been looking about to check that the basic CAG bundle that bookworm kindly created is complete.

 

Below is part of what Jonni2bad sent with his bundle

 

Acknowledgment of Service

Notification of Defence Filed by HBOS

copy of Allocation Questionnaire

Allocation Questionnaire

Court Document: Notification of Allocation and Hearing

 

Do I need to add these documents to the CAG bundle or can I leave them out?

 

 

As always help greatly appreciated!

 

I reckon I know the answer!

 

Wheres a bloody photcopier when you need one!!!

G

 

[Welshman]

Personally, I wouldn't bother because these are items sent by or via the court.

 

Willing to be corrected though.

[Grimsolo]

OK cheers for the input, will be bagging all docs up later tonight and posting them tuesday morning. All paper work is loose (no binder or anything) and am posting in a jiffy bag, Do you think this will be ok?

 

Cheers

 

Grum

[Welshman]

I don't think so. Although my bundles are ready, I was going to have them hole punched and then I'll bind properly.

[Grimsolo]

Well I have to post my bundles by tomorrow morning I have found 2 small red binders that are way to small for 160 pages or I have 2 crappy looking card board folders.

 

I think its blue peter time.

 

 

G

 

ps if I cant mange to make a binder out of these tey are just going to have to go as they are...

[Grimsolo]

Have just been reading the templates

 

In the templates folder you have set up a template for filling out MCOL, In this you have given the advice below.

 

The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

 

When I started my claim there was a different template so I have included the sections of each eg UCTCCR 1999 para.8 sch.2 (1)(e) which says "The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term" Does this have any relevance to my case? it has suddenly gone tits up for me help!

 

[Grimsolo]

*BUMP*

 

But its too late now they are in the post!

[Grimsolo]

*bump*

[victimnomore]

I really wouldn't get hung up about it.

 

Strictly speaking I suppose you should use any law extracts you quoted in your "Particulars of Claim". But the important thing at this stage is to show the evidence that you would use in your court hearing (if it came to that). Since the rule is that you can't introduce evidence you haven't already submitted, you should, if in doubt, submit more rather than less.

 

If you've got evidence that the fees are unfair, you're covered!