Jakena Vs Barclays**won**

[Jakena]

Thanks for that. Ok I fill in the Allocation questionnaire (are there guides to filling that out on these forums?)

 

Do I include the draft directions order as an attachment to the allocation questionnaire? I think I have the information I need apart from d)Copies of decided cases and other legal materials to be relied upon. I'm not sure what would be included in this?

 

This is so scary, I never dreamed I'd ever do anything like this! If I manage to get through this, then I can go on to start a claim against another bank account of mine that I pulled out of early because I thought I was in over my head and also my partners account, then I'll know what i'm doing and it'll be easier.

[Falcom]

Hi Jakena

 

I thought the new strategy was rather bemusing when I first read it but it does make sense. What you are doing is sending the AQ with the draft order of directions.

 

So in effect you are suggesting to the judge how he should proceed - the judge may look at the draft directions and edcide to ignore them and come up with directions of his own or he might think that the draft directions are suitable and then make directions as per the suggested draft. In my case the judge accepted the draft directions and issued them to both Barclays and myself.

 

So at the AQ stage you only complete the form and attach the draft order of directions - no need to send anything else. It is up to you if you send a copy of the AQ and draft order to Barclays - some people have done (and I notice someone won yesterday on that basis so it might be a good idea) but I didn't.

 

Once the Judge has the AQ and the draft he will issue directions. Once you recieve that from the Judge you must send what he reuest - if he accepts the draft order and issues them as directions then you send you schedule, statements, statement of evidence and legal info. You should already have schedule and statemts, statement of evidence can be found on the new strategy thread and legal info etc is Classic Court Bundle in the libarary - DONT send them yet - at the moment you only need to send AQ nd draft order

 

Peter

[Jakena]

great thanks for that, some of this legal information goes over my head at the moment as its all new to me, thanks for spelling it out

 

I will put my boyfriend down as a witness as its his bank account too even though the claim is in my name unless he can just come to the court with me anyway?

 

Oh one more question, is the copy of defense they sent me my copy to keep, i don't have to hand it back in with the questionnaire?

[Michael Browne]

Oh one more question, is the copy of defense they sent me my copy to keep,

Yes

I will put my boyfriend down as a witness

No need

unless he can just come to the court with me anyway?

Yes

 

See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

[Jakena]

Ok thanks for your help everyone. I have the allocation questionnaire ready to send to the court.

 

I was reading through the statement of evidence and realised I have no past letters that they sent me that shows the automated response you get when they tell me they will take a charge out of my account as we are claiming for charges in the past. Does this matter?

[Welshman]

No, it doesn't matter. I had one which I was going to show as an example - especially the fact that the signature was also automated.

[Jakena]

Ok can anyone tell me what happens after I've handed in my allocation questionnaire?

 

I handed mine in to the court on the 23rd January and was told it would be put in a pile to deal with the next days work. I had until the 29th to hand it in so plenty of time. Its now the 3rd of february so only a few days after the deadline, but a week and a half since I handed the questionnaire in. I haven't heard anything from the court. Should I have done?

 

I see falcom says that the judge will issue directions after he gets the questionnaire, but I haven't heard anything yet.

[Welshman]

The banks also have an AQ to submit by the same date. They will have taken all that time. I heard back about two weeks after my AQ return deadline. It all depends how busy your particular Court is.

[Jakena]

ok thanks! I didn't know they had to submit one too

[dickeggsy]

alright jakena,

in the post today was my court hearing date for 16th april.

i used the new draft order for directions and have to submit my court bundle in the next 14 days.thats going in on monday and one to barclays.

they have to submit there bundle/defence to the court within 14 days after that i.e by 2nd march, if they don't i have won by default.

i don't know if they have ever submitted anything to a court yet if they do i'll just have to wait til the 16th april.

keep us posted on yours and good luck.

[Jakena]

In the post today was my court hearing for 19th April. I have until the 6th March to file my schedule setting out each charge repayment of which is sought and also the copies of any statement or other doument relied upon showing that the charges have been made or that they are irrecoverable as penalties.

Barclays has until 3rd April to do their part.

 

It says decided cases and other legal material should not be filed, but brought to the hearing with additional copies for the court and apposing parties.

 

Does this mean that at the moment all I have to provide are my schedule of charges (which i've already given the court when I made my claim) ,copies of my statements proving the charges were made and my statement of evidence? Things like

Office of Fair Trading report, April 2006

House of commons early day motion, May 2006 should be left until the hearing?

[Jakena]

Can anyone help please so I know what exactly to hand into the court?

[GuidoT]

If your post up the entire order (directions) from the court it would helpful so that specific advice can be given.

 

Meantime this is good link for all types of hearings and should answer some of your questions:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[Michael Browne]

It says decided cases and other legal material should not be filed, but brought to the hearing with additional copies for the court and apposing parties.

It's unusual for the court to ask you just to file part

and bring the rest to the hearing.

 

What does the order say Barclays have to submit.

[dickeggsy]

would it make any difference if you sent in the whole bundle and then take a copy with you to the hearing , the judge only need see the bits he is asking for anyway and ignore the rest.

[GuidoT]

It is best to strictly adhere to the court directions, no more or no less, otherwise you run the risk of antagonising the judge.

 

Anyway, if the full order is posted up that should put us out of our misery a little.

[Jakena]

Here is the full order they sent me. Maybe I read it worng, but part 2 suggests i just send in the schedule of charges and the proof that the charges were made and my statement of evidence. Its part 4 that confuses me, its made after the defendants order so I would think applies to both of us but i thought it implies that all other information sent to the hearing.

(that was horrible, after I made the post it auto formatted it all wrong after I clicked on post because I used bullet points)

 

 

 

It is ordered that:

 

1. This claim is allocated to the small claims track.

 

2. The claimant shall by 6-March-2007 file at the court and serve on the defendant:

 

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

 

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

 

©A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

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

 

3. The defendant shall by 3-April-2007 file at the court and serve on the claimant a response to the claimant’s schedule, stating in respect of each item claimed:

 

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

 

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

 

© 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 to be treated as a breach of the contract between parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, all all evidence to be adduced at the trial as to what the true cost of dealing with the matter was.

 

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

 

4.Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the court and the opposing party.

 

5. This order has been made by the court of its own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

[Michael Browne]

My reading is the same. All you have to do is provide a schedule of charges, your statements and a statemnet of evidence. Whilst barclays have to produce a breakdown of their costs and you don't have to submit a court bundle until the hearing day.

 

I would say that the judge has done this knowing that Barclays won't comply and therefore saveing you the trouble of producing a court bundle.

First time I've seen this.

 

But just to be sure I would phone the court and double check.

[Jakena]

We will still have to prepare a court bundle just in case so it still wouldn't save anything just give us more time to do it?

[GuidoT]

That is a good order, unusual though. I see no hearing date, is the 19 April dated on a different order? - sorry but could you post that up too.

 

There is not much time between the 03 and 19 April to get the matter struck out, when invariably Lloyds do not produce their evidence, therefore you may as well prepare your hybrid bundle as you say.

[Jakena]

I missed off the top of the letter when typing that out. This is what comes before it.

 

District Judge ***** has considered the statments of case and allocation questionnaire filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 12:00 on the 19th April 2007 at ******* County Court (Address) and should take no longer than one hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Upon reading the documents filed and of the court's own motion

[Jakena]

Does anyone know whether I have to hand into the court a complete copy of all the statements, or can I just photocopy the pages that have the charges on that I am claiming for?

 

Its going to ccost me a fortune to photocopy 3 sets complete sets of statements.

[Michael Browne]

can I just photocopy the pages that have the charges on that I am claiming for?

 

Yes

[Jakena]

Ok I have everything ready to hand into the court. Do I need to include Documents attached in support of this statement at the end of my statement of evidence yet as the judge doesn't want (4.Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the court and the opposing party.) this done until the hearing date?

[Michael Browne]

I don't think they're vital at this stage. It wouldn't do any harm to include them, but personally I don't think I'd bother. Up to you.