dar3n v Barclays**WON**

[dar£n]

okay okay i know some will will say " derr thicko!"

what is the difference between a N149 & a N150?

[dar£n]

Its okay Ive found it.

And for anyone who had the same question....

There are 2 types of Allocation Questionnaires, form N149 and N150.

 

N149 should be issued for claims that are considered likely to be handled by the Small Claims Track, and N150 for more complex or higher value claims. Both are shown below.

 

The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.

[dar£n]

Is the £100 fee payable to the court holding the hearing ?

[bmw323i]

£100 fee payable to local county court. Needs to be enclosed with A/Q.

[dar£n]

Thanks mate,

Had a feeling it would be,

My hearing is scheduled for Northampton [via MCOL]

Will this be transferred to my local court automatically or will I have to travel?

[bmw323i]

Have you received an allocation questionnaire yet?

[dar£n]

AQ.. No not yet, but then MCOL have only just filed so prob be a few days yet.

I printed off the N149 from this site just to familiarise myself with it and currently working out what to put in the box for the claim details etc.

all good stuff aint it ?

[dar£n]

just to be on the safe side, im about to forward a letter to Northampton County Court.

Any suggestions before posting would be appreciated.

In connection with the above claim currently being processed through the Small Claims Track I enclose my schedule of charges taken from my account.

 

Would you please add it to my file for future reference if necessary.

 

Could you let me know if the hearing will go ahead in Northampton or transferred to my local court in Worcester?

Also, when will the form N149 need to be submitted?

[dar£n]

And also to Barclays.

(this one will interesting)

Please find enclose a recent copy of my schedule of charges imposed on accounts xxxxxx & xxxxxxx that are currently being dealt with by Northampton County Court in order to be repaid to my account.

 

Please note there is a ‘daily Interest’ charge which will be recalculated on the date of the court hearing.

 

I am of course willing to settle out of court to the amount of £1978.10 which includes court fees of £120.

This amount will obviously be used to clear the overdraft on a/c xxxxxx and significantly reduce the one on a/c xxxxxx

 

I hope we can resolve this matter without pursuing it through the Small Claims Track.

[Welshman]

Northampton is the default Court for on-line claims.

 

It WILL be transferred to your local Court.

 

The N149 or N150, together with a copy of the banks' defence, will be sent to you as soon as the Bank has defended. There will be a date on the same correspondence telling you when it should be returned to your local Court (normally two weeks).

 

Just send the schedule, they know the daily interest goes up and they also know that the costs involved are added to your claim figure.

[MARTIN3030]

You should have sent the schedule of charges to both Court and Bank after you issued the MClaim.

The Legal team at Churchill place will know your details,but expect requests for clarification on lots of things.

This is Barclays standard staling techniques.

[dar£n]

Schedule of charges sent recorded today to both parties.

and a copy for each of my court bundles,

[dar£n]

Not sure what to do now,

If done the biz with MCOL, Barclays notified on the 18/01/07.

How long do you wait to see if they are defending?

Has something gone wrong with how ive gone about this claim?

Does MCOL inform me of the outcome? Is the information available online?

 

flippin ek I sound thick

[dickeggsy]

barclays have a total of 33 days from the day you filed the claim with MCOL.

what day did you file the claim with them,should give you a rough idea of when they have to defend.

[dar£n]

Okay filed and acknowledged on 18/01/07 so they have until 20/02/07 to respond.

Dont think I'll be getting the answer I want though, do you?

[dickeggsy]

the response is that they will put a defence in at the last minute.

keep us updated mate.

[dar£n]

when can I expect the Allocation Questionaire?

[Falcom]

AQ normally comes through about 2 weeks after Barclays submit defenc to MCOL.

 

Peter

[dar£n]

23/02/07: Allocation Questionaire received.

[dar£n]

Allocation Questionaire N149 submitted with fee of £100...

was I right in including this amount into 'amount claimed'?

after all it is a charge im being faced because of Barclays and therefore entitled to it back ??

 

watched the tv program last night about this issue, I bet before I get the settlement it will be passed that banks only have to pay back half the amount owing...

[mamatemi1]

I am a couple of weeks behind you. Keep the faith. I can assure you that the banks don't want any discussion around this issue. We will not be getting a definitive ruling any time soon!! I hope so anyway.

[dar£n]

Allocation Questionaire N149 submitted with fee of £100...

was I right in including this amount into 'amount claimed'?

 

??

[dar£n]

"yawwwwwnnnnnnnnnnnnnnnnnnnnn!!!!!!!!!!!!"

[dar£n]

just sent this off, more than likely wont do any good but hey ho, thought id try, never know, might catch them with their defences down, ooh er.

 

Please find enclose a recent copy of my schedule of charges imposed on accounts xxxxxxx & yyyyyyyy that are currently being dealt with by my local County Court in order to be repaid to my account.

 

Please note there is a ‘daily Interest’ charge which will be recalculated on the date of the court hearing.

 

I am in the process of forwarding my court bundle to yourselves and my local County Court, and in the view that Barclays are not attending these hearings, I propose that we start discussions to resolve this matter amicably.

I am claiming a total of £?,???.?? as of todays date.

This will obviously be subject to change with the daily interest accruing and any extra costs involved including the CCI that may be added.

i'll keep you all posted IF a reply is received

[-tinks-]

hi dar3n

 

i have just received my payment, my court date was 27th March. they phoned me monday & said they would pay me charges i have claimed + court costs £120.00 for issuing claim + £100 court fee and interest i hadn't worked out correctly. so in fact they offered me more than i thought i should get. (i did think about contacting them but i sat tight and as other threads have said, once you have the court date & it is approching then they soon start panicking & contact you).

 

when i sent back the letter saying i would accept , i crossed through the confidentiality bit and put contact me when funds transferred to my account and faxed it. within 5 minutes i had a call to say all done, i went to the bank & drew out my £2644.00.

 

good luck,

tinks