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Barclays, am I right to do nothing?


Donel261
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3 threads merged.

 

Please keep to one thread per claim, it will make things a lot easier to follow for everyone, including yourself.

It will depend on how busy your court is. Most courts are now chock-a-block with, well... us.

 

Give them a call once things are back to normal after the new year.

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Hi guys,

 

I received this today :eek: from the Court, any ideas of what I should do now? Just submit the standard bundle from the template library with correspondence and details of the charges applied? :|

 

GENERAL FORM OF JUDGEMENT OR ORDER

 

Before district judge Cooke sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

Upon reading the allocation questionnaires.

 

IT IS ORDERED THAT

 

1. This case is allocated to the small claims track and listed for trial at 2pm on XXXX before District Judge Cooke.

 

2. This is one of a number listed on the dame date. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the Judge will give directions as to the order in which they will be heard, which may involve grouping cases rasing similar issues and/or adjourning some cases to a later date.

 

3. Any party may rely as evidence on a statement of case (if verified by statement of truth). evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth.

 

4. Any witness evidence or documents to be relied on by the claimant must be filed at the court and served on the defendant by 12th March 2007. Any witness evidence or documents to be relied on by the defendent must be filed at court and served on the claimant by 26th March 2007.

 

5. It is not necessary for any party to file or exhibit a copy of the OFT report "calculating fair default charges in credit card contracts" though it mat be referred to in any written evidence.

 

6. Each party must provide its documents and written evidence 9including a copy of any statment of case releied on) in a single bound and paginated bundle clearly marked on the front with the case number and names of the parties.

 

7. No cross examination of withnesses will be permitted, except with permission of the court.

 

8. No evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence if fact as to the manner in which charges are determined by it).

 

9. The claimant must include in his bundle of documents a full list of charges disputed, specifying the date and amount of each and the reason given for it.

 

10. If any party relies on written submissions or a skeleton arguement, it must be filed at court and served on the other party at least 2 days prior to the hearing.

 

END

Dated 3rd January 2007

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  • 2 weeks later...

I called up Barclays and spoke with Adrian Ruffhead, explained I had a court date in April and he said "Oh I dont deal with it now... you need to call this number XXX" so I called that number and explained the same, she said you need to send me your court bundle....

 

Why are barclays dragging it out so long when they are going to pay up in the end. Going to do the court bundle tomorrow and send it to her.... the saga goes on :rolleyes:

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i think barclays want to see the statements with the charges highlighted so they can confirm it tallies with the schedule you sent to them.

also i think they want to see your bundle to see what sort of ammo you have in case it does go to court.

once they know you mean business they will probably pay up.

i'm just waiting for a court date,good luck with yours.

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I am just in the process of sending them the bundle, do I just send them the normal bundle in templates library with correspondence, statments etc or do I have to put together some response to the defence they submitted as well?

 

Sorry for all the questions this stage of things is all ne wto me.

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  • 4 weeks later...

Any news with your claim to Barclays yet? I ask because I am at Court on 5th March with them. I have submitted my bundle already - about 2 weeks ago and am still waiting to see if they respond with an offer before Court.

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  • 4 weeks later...

Ock well, this has been a long journey with Barclays, but the end is nigh.... today was the deadline for the bundles to be submitted with court/barclays, and 14 days to go to hearing... (fingers crossed)

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I'm sure you'll find a settlement offer turns up pretty soon. Have a read of this - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html, if they don't serve any documents then send a non-compliance letter - could speed things up slightly.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I submitted my bundles by 12th March 2007 as advised to do so by the court. I have not heard anything from Barclays and the court date is looming. Am I right in thinking that they are supposed to serve there bundle on me and the courts by 12th March 2007?

 

I am confused now guys, any help you can offer would be grately appreciated.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary,

 

I have emailed a copy of that letter to them and also stated a copy is in the post. I have changed the 7 days to 4 days though (hope thats ok), I have stated you were supposed to submit by 12th March 2007, like I did. Its now the 20th March 2007 (8 Days later & still nothing) and we are supposed to be in Court on 2nd April 2007, four days is reasonable for a company of your size, therafter I am informing the Judge of your non-compliance.

 

Thanks again....

 

Oh just one more thing, does anyone know what this means? "Any witness evidence or documents to be relied on by the defendent must be filed at court and served on the claimant by 26th March 2007." I have submitted the bundle by 12th, do they get longer? if so am I over exagerating, its hardly fair if thats the case that they have to give me documents a few days before court date. Oh confused!!

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Panic over friends, had the standard settlement letter today. :D

 

All of you waiting to go to court, you should be hearing from them soon!! ;)

 

Dear Donel261,

 

I refer to the above proceedings.

 

As you will have seen from our defence, we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do however recognise that the sum at issue between us in modest and as such, it is not cost effective for either party to take this matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs sucject to the terms set out in this letter.

 

This offer is in full and final settlement of your claim and strictly without admission of liabillity on our part. By accepting the offer you also agree that the existenced and the terms of this offer are confidential between us.

 

If you agree to the terms of this letter please sign the attached and return it to us..... blah blah blah and inform the courts that the claim is cancelled. (I will do once the money clears in my account!!!)

 

Ahhh welll, another one down, time to turn my attention to Barclaycard.

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Well done

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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