Golding Vs Barclays **WON**

[callum.golding]

I have made three court bundles and also have originals. The third court bundle is a test one before I start on the ones for the Bank and the court.

I have highlighted all charges in yellow and refunds in orange and will put a key on the index to confirm this. I have also made copies of all letters of correspondence but will not be making an index and numbering the pages until the last letters of correspondance come through (i.e AQ questionaire and defense).

If I have not recieved a defense by Monday 12th of this month am I right to request judgement on the MCOL site?

[Michael Browne]

If I have not recieved a defense by Monday 12th of this month am I right to request judgement on the MCOL site?

You can try but barclays are notorious for filing at the very last possible moment.

[callum.golding]

Swines!!!

[callum.golding]

Today is the 16th day from that of Acknowledgement, however it states on Money Claim they have 28 days from when they are served. I know I have read somewhere what this day means but cannot find it. Is it a few days after the date of issue, even so is 16 days after that of Acknowledgement enough to start Judgement?

[GuidoT]

They have 14 days (from the date of service was deemed of your claim) to issue the Acknowledgement of Service and then a further 28 days from the date of service of the claim form to issue the full defence.

 

They Banks always leave everything to the last minute.

[callum.golding]

"28 days from the date of service of the claim form" Do you mean a few days after the date of issue?

[Michael Browne]

Date of service is usually 5 days after issue. It will be on your Notice of Issue.

[callum.golding]

Sorry my bad should have checked that. Notice of issue states the claim was deemed served on the 15th January giving Barclays until Next Thursday, (22nd Feb), to enter their defence. Roll on a week.

My court bundle is almost prepared, but I recently read in another post that in the 'Letters of correspondance' there is no need to include the letters from the court, 'Notice of Issue' and 'Notice of Acknowledgment' etc. Would this be correct or is it not a big deal if there in or out.

[GuidoT]

You are keen preparing your bundle, you may not ever need it, but best to prepare early. However, I would not copy it just yet to save yourself time (and maybe money) and you may have some further documents to include as the litigation progresses.

 

This is a very good consolidated link on preparing for court including the bundle:

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

[callum.golding]

Hi thanks for that that will make for interesting reading.

 

Unfortunatly I have already made four entire bundles, I am an IT Technian at a school so I just (free of charge) chuck the whole lot on the copier and it does it all for me in five minutes. I do feel for all the people that have to copy individually. Rest assured you have my sympathy!!!!

 

I havn't done any numbering of the pages yet just in case, as you say, there is more to add. I've just highlighted the charges for now.

 

Organisation makes for peaceful sleeping.

[callum.golding]

I got a call from home today telling me a letter from the court had been delivered this morning. This being notice of defence entered and the Allocation Questionaire. I haven't been home yet to read fully but I know I have to return my AQ by the 4th March. Whats the chances of it speeding up the case if I hand it in much sooner than this date?

[callum.golding]

I know it says clearly in the AQ guide.......

 

Section G - Other Information

"Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide."

 

"You should state here that you believe the case will last no longer than 1 hour. "

....Is it sufficient to just state that the case will not last longer than an hour? I don't feel I have any other information I need to add.

[GuidoT]

Have you adopted the New Strategy for AQ per the link below (and MB's post 12)?

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

This is good for section G and do not forget to include the Draft Order.

 

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

[callum.golding]

This looks like an interesting avenue to take. I will have to read more deeply this evening. If I charged barclays for the amount of time I have spent reading as well, I would be collecting a small fortune!

From a brief scan it looks like adding this information will allow for a quicker deadline and a chance of a quicker settlement. However, is there any way in which this route can go wrong, apart from if written incorrectly of course.

[GuidoT]

That is exactly the idea, to speed things up - little chance of it backfiring providing you follow the instructions and file you documents listed in the order at the correct time (providing of course the judge orders).

[Mama Bear]

i sent my LBA to barclays today... how long do you think i'll have to wait before i hear anything? i havent even had a denial letter since i sent my prelim letter on the 8th. they dont call...they dont write...

[GuidoT]

Mama - I have responded on your thread:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/63807-mama-bear-barclays-2.html

[callum.golding]

For Section G of the Allocation Questionaire. Is it possible to put here 'Please find this section attached' rather than squashing this into the box, I can type it out with Section G as the header and attach this with Draft Order.

[Michael Browne]

Is it possible to put here 'Please find this section attached' rather than squashing this into the box,

That's fine, or fiil up Section G and put 'Continued on attached sheet'

[callum.golding]

Hey getting nearer and more worrying. Today I recieved my court date....12th April 2007. It appears they did not want to take the new strategy for the AQ.

 

Below is the letter I received.....

 

District Judge has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place (time) on the 12 April 2007 at (local court) and should take no longer than 1 hour.

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

Each party shall deliver to every other party and to the court office copies of all documents (inc any expert reports) on which he intends to rely at the hearing no later than 14 days before the hearing.

Each party shall deliver to each other and the court, witness statements while will include witness statements of the parties themselves no later than 14 days before the hearing.

The original documents may be brought to the hearing.

PLEASE NOTE: To enable us to make full use of the judical time and to offer you an earlier date, this case is one of two actions listed for the date and time given. Therefore, if your case settles in advance would you please notify the Court as soon as possible.

Please contact the court 48 hours before the scheduled hearing in order to confirm whether your listing will be effective.

If your case is adjourned it will be listed as soon as possible and given priority.

Date: 14 March

My court bundles are printed and just need numbering and highlighting of the statements. Am I right that I don't need to insert correspondance with the court just with Barclays.

 

Am I posting it to the usual place and addressing it to Barclays solicitor?

 

I hear alot of people ring barclays a couple of weeks before the hearing, is this the norm now that you have to ring them?

 

Cheers

[why!!!!!!]

hi

When i did my court bundles i included all correspondence that i had sent to and received from barclays in all bundles.

I am sure that barclays will contact you in the next couple of weeks to settle the claim.

send it to Barclays litigation and disputes address.

hope this helps

claire

[callum.golding]

Thanks claire. Ill try get the bundles sent off Monday. That should hopefully show them I'm very serious.

[callum.golding]

I have just finished putting together my court bundle ready to send tomorrow morning, 22 working days before my court date, 12th April. I attached a covering letter with the bundle; -

 

Dear Court Manager/Barclays Solicitor

Please find enclosed a copy of all documents I intend to rely upon at the small claims track hearing, Callum Golding v Barclays Bank PLC, on the 12th April 2007. If you would like to request any further documents or discuss any details please use the below contact details; -

My Details!!!!

Hope this is ok, I decided to add my contact details to make it easier for Barclays to get in touch when they realise how serious I am and would like to settle.

[callum.golding]

My bundles would have been recieved by Barclays now as I sent by special delivery on Wednesday. I also hand delivered a bundle to the county court yesterday. My court date is on the 12th July so as far as I know I have got all relevant information to the correct people well within the time limits.

What should I do now?.....is it just a waiting game, or should I be calling them?

The end is near I hope, I'd like to thank everyone who has helped me get as far as I have.

[callum.golding]

I meant 12th of April sorry. So not much time left at all. Any idea if I should call them or they will call me?