Directions Hearing Leeds

[Sayonara]

I told him i would not accept less than my agreed 2,415.37p ( told him he could forget the 37p)

Hi Jenny,

 

May I ask, does this figure include your interest, 8%, court filing fees, time charges etc, or is it just the charges and standard interest?

 

I am a bit uncertain as to what bits Barclays are willing to shell out for.

[too strong]

Thanks for the CMC form Jenny

 

Looks like they are fighting to the bitter end, but come on five offers in ten minutes, it just shows up how desperate they are to save a few pennies. Embarrassing really.

[IIIUMINATI]

Daily Mail to day ran an articule regarding Bank CHARGES WHOLE PAGE

suggested asking for charges levied not for copy stements as the Banks can ask for a payment of £5 per statement. The Banks said people were asking for the wrong information.

This may be of little use to the stage of your claims however I think a phone call to the writer of the articule (hope i spelt this right) may add a bit more pressure to the case

May be some photoeeess if it gets that far

regards

[j.barton1]

Hi Thanks for all the replies...sayonara...barclays are disputing the figures for the charges...theres is £500 lower than mine!! They are willing to pay it though...at the mo they are arguing over paying the lit in person charge, but they were gonna refund my court cost twice!!!! Too strong, i agree...sad reallyLOL

Jenny ps i'll keep ya posted

[junklunacy]

Hi All,

I have not got my CMS sheet into the court yet. I only got my letter on Tues to say that I will be in court on 7th Feb (Leeds). How important is it that the court gets this???

I'm also getting my bundle together as well. I am also working on Wed so time off required which I'm not best pleased about.

 

See my blog here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays-2.html

[Calculator]

JL,

 

When I spoke to the lady at court last week she said the 'submit within 7 days' was not cast in stone. I suggest that you take the CMI sheet in personally, fax it or send it Royal Mail Special Delivery (£4.10) and that way you can track it and get a signature for it. CPR 59 says that you should also serve a copy on the defendant (again I suggest by Special delivery).

In all honesty I suspect that the Court is expecting most, if not all, of these claims to be settled before 7 February. The submission of the CMI sheet is just going thru the motions and putting the banks on the spot as much as anything. If you have asked for 'further information' from the bank and 'disclosure of documenst' (which you ought to do) in your CMI sheet, then the banks are duty bound to respond, which they do not want to do.

Note that I gave some details of CPRs and CMI sheets in my message of yesterday on this forum. Don't let me put you off track as there are some ready made CMI answer templates earlier in this forum by others.

[Calculator]

JL,

 

I don't think you need to bother with a 'bundle' at this stage. Anybody else got any views on this?

[Glenn UK]

Couple of points hopefully these haven't been answered if they have sorry for the double post.

 

costs can be claimed i believe for claims pre allocation and if the case is allocated to fast track of higher.

 

since we are talking mercantile court i believe that costs can be awarded for all work done legitimately to date. If anyone has time to do the search of the CPR go to HM Courts website/legal-professional and search through the CPR you may find the specific rule that confirms this.

 

I know with my claim against Barclaycard they argued it was small track until i pointed out it hadn't been allocated to track and therefore my costs were recoverable.

 

Re the bundle issue, although strictly speaking i agree you don't have to submit one, i would recommend you prepare one. As much as most claims will settle before you get to the court, if there is anything contentious about your claim e.g. default removal or charges older than six years or contractual interest, its entirely possible the defendant will pay the charges before the hearing leaving only the 'minor' issues to be resolved.

 

they will then argue in the case management hearing about these issues and if you are not prepared you will loose, there is no doubt about this in my mind.

 

So the choice is yours, in my view you should prepare as if you were going to present your claim in its entirety.

 

If you rely on the banks not turning up then you have to be prepared to lose your claim.

 

JMHO

 

Glenn

[junklunacy]

I've filled out a Case Management Sheet and will post to Barclays and Court today via Special Delivery. My court bundle has been a work in progress but i won't be sending to anybody as yet!! Over 50 sheets x 3 copies can be costly!!

 

It is also interesting to read other threads about peeps concerns about the courts lack of informing claimants on particulars etc. I think this forum needs a v big pat on the back for filling this void It is also interesting to read about the associated group context of all these claims on 7th Feb. If a precedent is to be set this will have serious shockwaves for many banks and financial institutions.

[msawouldlikejustice]

Hi info i have pre-prepared in the court bundle-

 

Documents Index:

 

S.1 correspondences.

 

A - 27.07.06 LETTER: DATA PROTECTION ACT REQUEST TO BARCLAYS-1

B - 01.07.06 LETTER: REPLY TO Data Protection Act REQUEST FROM BARCLAYS-1

C - 01.08.06 LETTER: REQUEST FOR PAYMENT OF CHARGES TO BARCLAYS-3

D - 07.09.06 LETTER: ACKNOWLEDGMENT FROM BARCLAYS OF ©-1

E - 30.09.06 LETTER: LETTER BEFORE ACTION TO BARCLAYS-1

F - 03.10.06 LETTER: RESPONSE FROM BARCLAYS TO (E)-3

G - 05.10.06 LETTER: DECLINE OF SETTLEMENT OFFER TO BARCLAYS-1

H - 20.10.06 LETTER: ACKNOWLEDGMENT FROM BARCLAYS OF (G)-1

I - 17.10.06 COPY OF COUNTY COURT CLAIM FORM ISSUED BY CLAIMANT-1

J - 17.10.06 NOTICE OF ISSUE FROM COUNTY COURT-1

K - 03.11.06 NOTIFICATION SERVICE HAS BEEN FILED-2

L - 20.11.06 TRANSFER OF PROCEEDINGS-1

M - 20.11.06 NOTIFICATION OF DEFENCE FILED BY BARCLAYS-4

N - 20.11.06 COPY OF ALLOCATION QUESTIONNIRE-4

O - 21.12.06 NOTICE OF TRANSFER-2

P - 06.01.07 NOTICE OF TRANSFER-2

Q - 26.01.07 NOTIFICATION OF ALLOCATION AND HEARING-5

R - 27.01.07 LETTER: LAST ATTEMPT TO SETTLE-1

S - 29.01.07 LETTER: COURT PACK ENCLOSURE LETTER-1

 

S.2 AUTHORITIES

 

A - COPY OF BANK STATEMENTS SUPPLIED BY BARCLAYS BANK-10

B - SPREADSHEET SUPPLIED WITH CLAIM DETAILING SPECIFIC DATES AND COSTS-1

C - DATA PROTECTION ACT (1999)-56

D - DATA PROTECTION ACT (1999)-SCHEDULES-45

E - UNFAIR CONTRACT TERMS ACT 1977-8

F - THE SUPPLY OF GOODS AND SERVICES ACT (1982)-15

G - OFFICE OF FAIR TRADING REPORT APRIL 2006 (OFT842)-39

H - HOUSE OF COMMONS EARLY DAY MOTION EDM (2227)-2

I - UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS (1999)-10

J - HOUSE OF COMMONS SELECT COMMITTEE ON TREASURY, SECOND REPORT: ‘TRANSPARENCY IN CHARGING’-14

K - DUNLOP PNEUMATIC TYRE CO v NEW GARAGE AND MOTOR CO LTD (1915) A.C. 79-2

L - ALFRED Mc ALPINE CAPITAL PROJECTS LTD v TILEBOX LTD (2005) EWHC 281-3

M - LIQUIDATED DAMAGES (MAY 2005)-3

N - CASE REFERENCES- 1

 

245 PAGES PLUS 35 COVER SHEETS - TOTAL 280

 

I found all the information and documents for the authorities section through links in jonni2bad and bookworms thread. They were really helpfull and everything i needed was there.

 

When i went to the court and handed in the case management sheet she also accepted my court bundle but said alot of claims were setteled before court.

[j.barton1]

Hi, Spoke to barclays today and SETTLED IN FULL....no confidentiality agreed so i can tell all!!!! He tried to argue my case lacked merit etc etc my figures didnt match blah blah, in the end he was bartering over £50. I told him i wasnt wasting my time or his so i would see him next week. He coughed up for the full amount. so now i'm just waiting for the cheque before i inform the courts. 2nd claim already in against barclays and SAR sent for alliance and leicester...We will win the banks.

jenny:D :D

[caro]

Congratulations Jenny. The only shame is that it seems the banks won't yet have their day in court.

 

One day.

[j.barton1]

With less than 4 working days the banks are gonna be busy trying to settle before wednesday, theres still a chance we'll get our day in court.

 

Anyone else heard from their banks

 

jenny

[msawouldlikejustice]

Congratulations jenny.

[stan5131]

CONGRATULATIONS JENNY.............. Well dont and happy spending x

[CrispDust]

Jenny, I haven't heard from Barclays.

Could I have the fax number you used?

Then I can fax Barclays a copy of the CMC info, to show them its for real and point out that if they don't settle by end of day Friday, I will also be seeking loss of business turnover of £180 p/hr on Wednesday (yes I know it almost as much as solicitors fees )

That may catch their attention and get them to put a spurt on.

PS Congrats !!!

Shame we may not all get to meet - until the next time. Now where is that shAbbey Nat letter.....

[androobe]

Finally got my full offer from First Direct today... still holding out on the cheque though and my acceptance letter told them as much!

[j.barton1]

Hi All...Thanks for the congrats...it means alot. Crispdust I've PM'd you..good luck. We could still be there on wed if i dont get my chq..lol

 

The later it gets it gives the banks less time to haggle. "Mr" Lombardi made me no less than 9 offers!!!!!!

 

I'll keep you posted.....You all will get settled....Jenny

[Glenn UK]

a word of advice guys, when agreeing settlements make payment within seven days a condtion of acceptance.

 

I did with barclaycard and i got my cheque in two .

 

HTH

 

Glenn

[j.barton1]

Hi...When i faxed accepted settlement letter i said i would not inform the court till i had received the chq

Jenny

[too strong]

Well done Jenny, this has been coming for a long time and for yourself it will be nice to have closure on this particular case.

 

I have had a funny day today!

 

Spoke to your mate A L about my monument claim. This is how it went..........

 

First of all he stated that he had sent me a letter with an offer, which I said I had not received as I had left for work early. A L says the charges figure I have sent in was incorrect according to the finance department. I told him I had been over the figures many times and they were correct and would not be changed. He then offers me approx. £740 which I refused, then £803 which was my original claim in november. I told him no way because interest had accrued by this time and it was £845.54 and as I had a much larger claim going through if I took less now then Barclays would try it on the larger claim. He was adamant that my figures were wrong so I decided to push him on the figures. I asked him how my total charges differed from Barclays. He would't answer my question. It got so bad that I said to him "you are not answering my question and it's annoying me big time" After 30 mins he says that finally says "we are both busy people, and we have things to do I will settle for £845.54 to save us both time".

 

This may sound long winded, but it is important. Through the conversation we discussed contractual interest at approx. 27.9%. This is the sum interest rate he eventually paid out at £845.54.

 

Later I talk to a lady about my larger claim. (The other woman who was dealing with it has left probably too much stress). The first thing she says is "your figures do not match with ours" deja vu or what. She says that the interest is more than the charges so there is no way they will pay (same again). I said that I have had a claim for contractual interest approved just hours earlier by A L. She then puts A L on the phone who blatantly says that he has not agreed to contractual even though he has sent me an email with the full amount.

 

The really annoying part was neither of them had my schedule to hand but they argued that my figures were wrong.

 

Tomorrow I will be sending an updated schedule of charges to them, should be interesting.

 

A L stated that it would be quicker to send out a cheque to me rather than do a CHAPS because of the level of red tape even though I am a Barclays customer. I will be sending a letter also stating that if the cheque is not received before wednesday I will be still going to the court to show that an agreement has been made but not completed.

 

I should really be celebrating, but it is not over as yet.

[CrispDust]

too strong gets it on - whoop whoop baby!

Jenny ta for info. I've emailed and faxed AL a copy of my CMC and making it clear that settlement is required by 5pm Friday or I will be seeking the additional costs of £720 loss of turnover since I will have to cancel my pateints first thing Saturday to give enough notice.

Is it just me or do these people get off on arsing around and arguing the toss?

[The Last Knight]

Not in your case but I have just recieved my court case date for the 1st March - Do I need to do anything before then - Should I contact my bank personally or do I just send them the court bundle paperwork and my claim forms and wait for them to contact me.

[j.barton1]

Well done Too Strong...AL's conversation seems word for word like mine...lol. I spoke to him today and i told him i will not inform the court till i get the chq. He said he'll send it recorded so i should get it tues. If you want to email AL with the charges list( i had to too) i've got his email. He tried that one on me. Its one of there last efforts to save a few quid...bless him.

Jenny

[j.barton1]

CrispDust...any news?