SEASIDER1 sole account

[SEASIDER1]

I refused their offer in writing and advised them that they have 7 days before court action. I must admit that up to now I have been very confident in my dealings with them, but now it's getting down to the nitty gritty I feel slightly nervous.

 

I have informed them that I intend to add interest to the balance, but I haven't sent them the spreadsheet.

 

At what stage do I have to supply them the spreadsheet with the interest details?

[bearo]

Ok you add the 8% interest at court stage, not before.

 

Don't feel nervous about the next step, read plenty before starting it and you cannot make any mistakes if you know the process backwards in your head, if you are asking this question at this stage I would recommend you read up alot more before going any further.

All the help you need is in the library section and in the faq's

 

Hope this helps

[Owen Money]

I refused their offer in writing and advised them that they have 7 days before court action. I must admit that up to now I have been very confident in my dealings with them, but now it's getting down to the nitty gritty I feel slightly nervous.

 

I have informed them that I intend to add interest to the balance, but I haven't sent them the spreadsheet.

 

At what stage do I have to supply them the spreadsheet with the interest details?

 

This is what happens when you cancel your weekly advisory appointments...........

[SEASIDER1]

I have filed my claim on MCOL, had it defended (on the last day ) and filled in my allocation questionnaire.

 

I assume that the defence is a standard Barclays 11 point defence, as it has no direct references to my case, other than to say that "The particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful".

 

I have seen advice given in another thread that the schedule of charges should be sent to MCOL to be attached to the claim.

 

I was thinking that the schedule would just go in my evidence bundle.

 

Can someone advise whether I should send off my schedule of charges now, or wait until I do my court bundle?

[torigirl_uk]

I'm not quite as far as you, but I was advised to send 2 copies of my schedule of charges to MCOL. So I think you had better send them.

If I'm wrong then I'm sure someone will point you in the right direction.

Good luck with it all

Tori

[torigirl_uk]

This is what I was given by GuidoT, hope this helps! The bottom part may not concern you, but may do! Sorry not at the advice but am trying to help!

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours faithfully

[SEASIDER1]

Barclays wrote to me and told me that they were applying for a STAY in my case, as the OFT legal action would sort out the legality of my claim.

 

I assumed that I would have to wait 12 months for the test case to be heard, but when I rang the coury yesterday they said that Barclays haven't applied for a STAY and I'm in the judges chambers in a block listing of cases next Tuesday morning.

 

Can anyone tell me what to expect next Tuesday ?

 

Is the Judge likely to say that he isn't going to rule on my case because of the OFT case pending ?

 

I know it's my own fault for taking my eye off the ball, but I just believed that Barclays were getting a Stay, because that's what they said in the letter !!

[slick132]

Hi Seasider,

 

Don't believe anything Barclays tell you.

 

They will send a Rep to your Hearing to ask for a Stay on your case and (s)he'll probably try to tell you it's aforegone conclusion. Smile sweetly and say thank you.

 

Take 3 copies of the Stay Objection from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

You should get a chance to speak to your Judge so say you object to a Stay for the reasons set out in this doc't and hand it over.

 

You could try saying, "Furthermore, B's said they were applying for a Stay last month but didn't and now they've not even gone through the proper procedure today, ie paying the set fee (which YOU'd have to pay), Applying with the correct doc'ts with copies served to you. And, by all accounts there may not even be a Test Case so this just serves to delay matters further."

 

Recent cases suggest a Stay will be applied but at least you can try.

 

Slick

[SEASIDER1]

Thanks a lot for that. There doesn't seem much point in turning up and wasting a days annual leave.

 

I'm going to ring the court and see if the clerical people will tell me anything about what the judge has done over the last few weeks.

[slick132]

SS1,

 

Unless the Court Office categorically confirms that a Stay WILL be granted, you run the risk of your case being Struck Out fror no-compliance (in this case, not turning up to a Hearing).

 

This is not a Stay Hearing, even though a Stay may be Ordered, so there IS a slight chance, depending on your Judge, that your case may continue.

 

Don't let your claim drop for the sake of an 1 at the Court.

 

Slick

[chipbeck]

Thanks a lot for that. There doesn't seem much point in turning up and wasting a days annual leave.

 

I'm going to ring the court and see if the clerical people will tell me anything about what the judge has done over the last few weeks.

 

 

Which court seasider?

I'm a seasider to but my case was in Preston.....I rang and was told the judge had already granted a stay.

[SEASIDER1]

Thanks again, I'll just have to turn up and be disappointed, then at least I don't have to start again when the OFT test case is heard.

 

 

I'm from Blackpool but the case is in Preston, so I suspect the same will happen to me.

[chipbeck]

Might have had more chance if the KEnders had been playing better.

Cmon the lashers.

[SEASIDER1]

Turned up at Preston Courts at 10'oclock and waited until 11:20 before going in front of the judge. He said that his policy is to allow claimants to have their say before granting a STAY on their cases.

 

I tried to object to the stay by claiming hardship and Human rights legislation that my case should be held in a reasonable amount of time, which is not the case if Barclays appeal the OFT test case all the way up to the European Courts. He appreciated my argument but felt that justice was better served by having the issue sorted out once and for all in a higher court.

 

The grovelling Barclays lawyer just sat there looking smug, earning his £250 pounds fee for doing nothing !

 

When I told him that I thought the whole process had been a waste of time, effort and a days leave, because he had already decided on the STAY he said that he HAD agreed to hear one case that morning. It was a Credit Card charges case which he didn't consider was covered by the OFT test case !!

 

I would say that it isn't as intimidating as I thought it was going to be, and when he interrupted me halfway a sentence I interrupted him back and told him I hadn't finished. So don't be scared of having your say.

 

Thanks to the fellow claimants I chatted with before the case for taking my mind off the hearing and reinforcing my view that we are in the right and victory is just a matter of time.

[slick132]

Seasider,

 

Thanks for the report.

 

Did judge want a Gold Star for hearing the Credit Card case - they are not covered by the OFT case anyway!

 

It's not so scary as peeps think and, like you say, the judge is just like a real human being too! haha

 

Slick