Request letter typed but worried

[Guest Mumofthreeboys]

Have you started your own thread yet

[Boobaby]

Have you started your own thread yet

 

Got three going actually, still not sure whether or not you should use the one or open new ones with different queries/banks!

So stuck with three different ones as sometimes you pick up on a thread and see a mod etc telling someone to open their own thread - hence the three.

As you will see under my signature - worked out how to do that am now looking for a avator there are some brilliant ones on this site my favourite being -

HSBCRUSHER - the big pink dog, which I believe belongs to a guy who is clearly in touch with his feminine side - I just love it!!

I digress, as I was saying I have submitted DPA letters to halifax and prelim letter to HSBC so am on the ladder so to speak. How are you doing?

[Guest Mumofthreeboys]

How are you doing?

 

I think this is known as 'hijacking'

[Boobaby]

I think this is known as 'hijacking'

Talking about hijacking how is alijolly doing?

[Guest Mumofthreeboys]

No response to first voicemail message left so I called again and got a woman who told me to e-mail my proposal for settlement as Keith Jeremiah was a very busy man who was in and out of meetings. I have emailed him Without Prejudice using excerpts from other similar letters and emails on the forum, thank you everyone , I have offered a small concession regarding the interest for a speedy resolution, as I go on holiday next week and it would be good to have this settled before then. If I don't hear anything before I go I'll send off the AQ and await a court date.

 

Hi, have you heard anything yet???

[alijolly]

I still haven't heard anything, I sent another copy of my e-mail this morning reiterating that I was going away and asking for a reply either way. My holiday plans have actually changed slightly now due to the current flight situation so I have a bit more leeway before I need to send in my allocation questionnaire but not much.

[Guest Mumofthreeboys]

I sent a fax a few weeks ago to Mr Jeremiah and I didn't get any answer either

[alijolly]

I can't decide whether to try phoning again or whether that is beginning to look like harrassment:sad:

[Guest Mumofthreeboys]

I can't decide whether to try phoning again or whether that is beginning to look like harrassment:sad:

 

Yeah, I know what you mean, it makes us sound desperate (which we are)

[alijolly]

I'm back home for a couple of days before going away again, and my AQ has to be filed on Wednesday so this morning I tried again to phone Keith Jeremiah, surprise surprise he was in a meeting but the girl who took the message was a little more accomodating. I hope i get a response either way today or tomorrow but I'm not holding out much hope. I must just keep telling myself patience is a virtue:D

[voddiemonster]

I'm back home for a couple of days before going away again, and my AQ has to be filed on Wednesday so this morning I tried again to phone Keith Jeremiah, surprise surprise he was in a meeting but the girl who took the message was a little more accomodating. I hope i get a response either way today or tomorrow but I'm not holding out much hope. I must just keep telling myself patience is a virtue:D

 

I cant understand why you are letting them keep you waiting. Have you sent off your allocation questionnaire, if not why not?. They use these tactics to hold fire on settling and your playing right into their hands

 

Your the Claimant, your sueing them, you decide the time lines as long as you can show the court you have given them enough time to respond, which by now you most certainly have.

 

Send the allocation questionnaire off, get your court date and wait for them to suddently make payment of your claim with interest and costs, usually a couple of days before the hearing date and a request that you inform the court that you are withdrawing proceedings as payment has been made in full.

 

Your being far to soft with them. Go for it

[alijolly]

I would have had to wait until now anyway because I needed payday before I can pay the court fee. If I could have a settlement before I needed to pay out any money that would have been great but it's not looking likely so I'll drop in the AQ to court tomorrow with the fee, just means I'm going to go away with £100 less rather than £3000 more but thats life I guess!

[alijolly]

Popped down to the court today and hand delivered the AQ and fee. Still no word from Keith Jeremiah so I am now going to sit back adn wait for settlement in full inc insurance and costs, I had offered to negotiate on the insurance in my proposal but that was dependant on settling before I entered the AQ.

[alijolly]

Right I've got a court date at last of 16 January (ah just noticed the court papers say 2006 but I guess they mean 2007).

 

I think mine seems a little different to others and would be interested for any comments.

 

It is ordered that:

1. This claim is allocated to Small Claims Track.

2. The claimant shall by 4pm on 2 November 2006 file and serve:

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;

c) 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

So far straightforward another copy of my schedule of charges plus all original statements is sitting here waiting and I guess "the bundle" will satisfy C but I'm not sure comments anyone please?.

The defendant shall by 4pm on 30 November 2006 file and serve a response to the claimants schedule, stating in respect of each item claimed

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

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

The next bit I found interesting:

c) If such charge is alleged to be a pre-estimate of the Defendants loss incurred by the Claimant's (whether or not such action is to be treated as a breach of contract between teh parties), all facts adn matters to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at 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 initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by this 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.

 

My understanding of this is that I have to send my schedule of charges and statements to the court and then the bank has to show that each was a proper estimate of the cost and what the true cost was. As I can't see them doing that I'm guessing my case could be struck out. Am I reading it correctly?

 

Any comments? Is this the courts requiring disclosure like I asked for (using your helpful paragraph)

[austenpowers]

Firstly, I best say that I am by no means any sort of expert and am just offering my take on this. My interpretation is that what the judge is saying is very encouraging. It appears to me he is agreeing with your case but would like you to put to strict proof each and every charge to satisfy Barclays usual first part of their defence. Whereas the bank have either got to back up their case by disclosing their true costs for each charge (i.e. 50p or £1 or whatever the true figure is), or otherwise face having their defence struck out and you win.

 

I'm sure someone else will be able to offer a more expert interpretation, but to me it all sounds very encouraging for your case and I would expect a settlement before too long.

[Bookworm]

That, my friend, is disclosure indeed

 

Well done, B's will run away as fast as their little legs can carry them so as not to reveal that information.

 

Lovely.

[Robertxc]

That, my friend, is disclosure indeed

 

Well done, B's will run away as fast as their little legs can carry them so as not to reveal that information.

 

Lovely.

I would second that. My guess is that this is a judge who is fed up with banks forcing legal action which they have no intention of defending, and clogging up the court system in the process. This judge has sent a very stark warning to the bank not to turn up with anyting less than a full and comprehensive defence. It'll be fascinating to see Barclays response.

[MARTIN3030]

What a pity we have to wait 3 months to find out tho .......

[paddym]

Some how i cant see us waiting that long if you get what i mean ?

[MARTIN3030]

Yes I certainly do.....

[alijolly]

I thought I was correct in my reading of it but thought maybe I was being too optimistic:D . I'm hoping not to wait 3 months because they'll have to provide the evidence by 30th November so I'm hoping to have either a very good Christmas or worst case some nice January sales spending!

 

Thanks to everyone I'll keep you posted.

[alijolly]

I've come across a potential small problem and wondered if anyone could help. Sorry if this sounds confused and I know it is my own fault but...

 

I didn't have to request statements because I only claimed for statements I already had. I am now sending them off and I have a problem regarding two of the charges. I took the last years worth of statements from my online bank and I am now somehow missing the actual statement from October 2005. The beginning of October when these charges fall is no longer online. This means I am missing proof of 2 out of 97 separate charges.

A copy statement will cost me £5 which I am loath to pay out, but if I don't include them will they strike out the whole claim or just not payout on those two charges?

[Guest Mumofthreeboys]

They just won't pay out for those charges. Up to you if you want to go for them or not, but don't worry about it, MOTB xxxx

[G1BB0]

I would cough up the £5 - the charges are worth more than that and then you have 100% costs incurred to claim, also makes you look much more organised and prepared (which you obviously are anyway)

 

its upto you but for the sake of £5 I wouldnt let them get away with any of them as a matter of principle

[paddym]

yeah as g1bbo said for a £5 outlay how much will you gain way it up i know what i would do pay the £5 AND ITS OVER AND DONE WITH BUT ITS UP TO YOU WE CAN ONLY GIVE YOU OUR OPINIONS !