JackG - V- Barclays Bank

[JackG]

Hi Johnnymitch

 

You're right, I spoke to Court today and they said they had just received notice of transfer of proceedings and when I asked if a court date would be soon they said it would be at the Judges discretion but that I would hear within the next week. I then asked re' AQ fee as on my Notice of Transfer of Proceedings' where it mentions AQ should be completed and returned to my local court was crossed out, when I asked them if a fee was applicable, they said it would also be at Judges discretion and that I would hear regarding everything in about a weeks time, so there, my questions answered all in one go. So, afraid wil just have to sit it all out and wait again.

 

Hope its soon as going on hols in 61/2 weeks time and would like it all over and done with before I go instead of it dragging on.

 

thanks yr input everyone, you are all really supportive and helpful, don't feel I give much input, but still not confident of anything I do so don't feel able to advise anyone at all.

 

thanks again and will keep you all posted when I reach next stage of game!!!

[JackG]

Thats absolutely brill!!! Good for you and well done.

 

It does make it all worthwhile in the end, I can see that. Just when I'm feeling despondent someone comes back with great news like that.

 

 

Congratulations on your win and receiving your cheque today.

 

HAPPY SPENDING!!!!!!!!!!!!!!!!

 

 

 

 

Thought they put it straight into your accout, or do you get a choice. Would be nice to know?

[JackG]

Just another thought?

 

Should I pm a moderator to let him know of transfer of proceedings to local court, or should I wait until Court date and then inform him?

 

Can't quite remember..............altho' maybe my thread is being watched over???????? (hopefully, for me)

 

 

thanksxx

[JackG]

Hi johnnymitch

 

thanks for that link, see what you mean! I'm not really bothered either way really as was just wondering. In fact, would rather it was paid into my account to settle overdraft.....

 

Got letter from my local court today where claim has been transferred to with AQ enclosed to complete and return by 25.6.07. Of course, will be completing and returning it by weekend. Is there anything I should include with it? maybe an uptodate SOC, think I might have read somewhere that I should but can't find info anywhere, maybe someone could advise if possible.

 

So still have not got Court date yet and won't get one 'til they get my AQ back. How do I know how much to send, read in here that it's £100, should that be sent with my AQ in the form of a cheque, is that ok?

 

 

Reply to Dar£n - yes your link does take me back to post 24, sorry 'bout that. Normally links take you to other pages so was really having a blonde moment there (sorry all blondes no offence intended, actually thinking about it I am blonde too!) never mind......... back to important things. Feel getting closer like others around here, but keep plodding on Dar£n, you will get somewhere in the end I am sure!

 

best wishes all

[JackG]

Hi Johnnymitch

thanks a lot for your link, however, getting more confused as don't understand the following paragraph..........Section G......... as my claim is well under £5000 I don't need to state why small claims track is suitable.....but have no idea what wording I should use and what I shd be saying, the paragraph I am referring to is set out below

"You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs!

 

We recommend that include a request for the Judge to order a form of 'basic' disclosure from the bank. Many courts have now started to issue these, so the request is likely to have been seen by your Judge before.

 

A small note explaining its intended use would help. Do not make this too lengthy, just explain that it has been attached for consideration and you believe it will bring a speedy end to Litigation. State that it was devised by the Mercantile Courts for a similar case."

 

So can you direct me to precise wording if it is somewhere on the forum, cheers for the help tho'

[JackG]

Just me again Johnnymitch, found a link that gives me the exact wording that I need to put with my AQ in section G - will paste below to see what you think of it...here goes

 

.

 

 

 

 

 

Hello, for section G put this:

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

Also in section G say you believe the case will last no longer than 1 hour

 

 

 

Borrowed that from another link, apologies to whoseever link it belonged to but I think its mighty relevant for a lot of dumbo's like me who havenot got a clue what to write.

 

Anyway Johhnymitch, I read everywhere that AQ fee of £100 should only be attached to claims of over £1500, is that correct? my claim at the moment stands at 1300 thats SOC's plus interest plus court costs, so does £100 fee apply to any AQ or shouldI send it anyway, cos I can just claim it back from barclays, and if its not needed, probably Court will return it? not sure, will wait and see what replies I get

 

so thanks for your above info and links, again, really helpful

 

cheers!

[JackG]

Cheers for that Trish76, that ws what Johnnymitch proposed in earlier post, but I didn't really understand it then, mind had kids running daft etc in garden and couldn't really concentrate on what he was proposing, but have read moderators views on draft again and again and finally understand why its important to include with AQ.

 

So thanks Johnnymitch and Trish76 will include that also along with my statement, which will hopefully go off tomorrow recorded delivery, should I include uptodate SOC at this stage or not, court already have that as sent earlier in claim process,

 

Hopefully, someone watching, I can feel things getting closer and getting even more itchy to get some results.

 

Suppose everyone has felt like that at one stage or another.

 

This site is really great, its a great help to all who signs up.

 

Can't wait to get money through, will be making donation then and will finally feel as though I have contributed.

 

Thanks for all the help I have had so far, could not have done it without all input had had.

 

Cheers everyone!

[JackG]

by the ay johnnymitch, sorry but I don't know how to tinkle your scales!!!!

 

what icon do I hit, please advise (bit dumb I know)

[JackG]

Never mind Johnny, just done it, see what happens when you play around a bit?

[JackG]

Yes, Trish76, you're dead right, it's okay to advise others and push a little but when it's your own claim, you're dead aprehensive and unsure, I think it's cos I'm frightened to put a foot wrong and get struck out, I can see how others have had their claims struck out, or gone against them, One foot wrong and the banks win hands down, bloody shame!

 

I can honestly say I have never in my life received so much support from total strangers, we are all in the same boat but everyone has a little word of encouragement and that goes a long way, I love this site, some nights just come on and read, (not much sinks in some nights) but I see familiar names crop up time and time again and I am behind them 100%, so good luck to all, lets show them banks we are not a soft touch!

 

Thanks saintly_1 - played around a bit and hit on reputation button.....often wondered what those icons were, now I know and will be nudging them all the time.....if that is allowed!

 

thanks for yr input, its very welcome

 

best wishes

[JackG]

PS how do you see your own reputation score - I won't have any, I am sure of that as have never given any advice due to my not being confident enough - but would be interesting to see sometime

[JackG]

Cheers you two for the tinkling, brought a smile to my face,

 

Well, got AQ all ready with Section G filled in as mentioned earlier using the link I found. Got Draft Order for Directions completed on seperate piece of paper attached to AQ. Thanks for advising AQ fee not appropriate for my claim, so ready to post off tomorrow 1st class Recorded Del. Hopefully, will get court date back pretty soon and then all systems go!

 

Cheers everyone so far, advice much appreciated!

 

best wishes to all

[JackG]

Hi there

 

Just a quick question, does anyone know how to calculate daily interest as sending copy of AQ to Barclays with letter letting them know AQ form being returned to bank and inviting them to settle, I am trying to cut and past the letter below and am not sure how to calculate daily interest,

 

"With regard to the above case, I enclose a copy of my Allocation Questionnaire, which includes a request for directions, enclosed, to be ordered requesting full disclosure within 14 days. I will be submitting these documents on Tuesday 11th June 2007.

I wish any communication from yourselves to be in writing to the above address.

At present the claim stands at £xxxx.xx which includes the initial claim (plus interest) the court fees and daily interest which is accruing at xxp per day till settlement. "

So as you can see I cannot fill in amount xxp until I know how to work it out?

If anyone knows, please advise

thanks

[JackG]

Cheers for that Dar£n, knew I'd seen that somewhere before, but could not find it.

 

thats great, thanks a lot

[JackG]

ok, everyone, latest update is that I have received court date for August 23rd at my local court, still 2 months away yet so plenty of time to do my bundle. wish it had been sooner, but never mind at lest the end is in sight.

 

Any advice from anyone at this stage would be great.

 

Hope you all still forging ahead with your own claims.

 

cheers everyone for support received so far

[JackG]

Hi Johnnymitch, my letter just says

 

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

 

The hearing of the claim will take place at 10am on 3.8.07 at ...........

and should take no longer than 30 minutes.

 

 

So I think it is the full blown hearing.

 

they then go on to say the parties mult file at the Court and serve on the other party not later than 14 days before the hearing the following:

 

copies of all documents upon which they wish to reply.

 

statements of all witnesses, including the parties, upon whose evidence you wish to reply

 

the statements shall be typed, dated and signed by the witness and stating that he/she believes that the facts stated in the witness statement are true.

 

All original documents must be brought to the hearing

 

The parties should note that if they do not file and serve documents and statements as set out above then the Court may decide not to admit the evidence of the party in default.

 

 

I think the above is pretty standard from what I have read in other posts.

 

So, do you think I should send them a nudge letter, if so, can you direct me to one?? if you have the time

 

best wishes

JackG

[JackG]

Thanks Saintly_1 for the advice, I read it with interest and have decided to email Krysta Campbell to ask who is dealing with my case and I will eagerly await a reply from her and then will send nudge letter

 

So, hopefully I may be as lucky as others on this site.

you never know

[JackG]

Hi Johnnymitch

 

Great minds think alike. Thanks for that, it looks just what I want to write to them with. As said before have emailed Krysta Campbell to ask for contact name and then will forward your letter above to try and prompt them to settle early.....forever hopeful thats me.

 

Been trying to catch up on all news tonight reading other threads that have been following over past weeks, seems like I have too much to take in with all thats happening to others, things have moved on so quickly since I was last on here.

 

See you got settlement, you lucky thing! Hope mines here soon

 

will keep you all posted with updates

 

thanks again, advice greatly appreciated!

 

best wishes

[JackG]

Hi everyone

 

latest update for you to groan at just like me when I heard!

 

Emailed Dino this am to ask who was dealing with my claim and was informed this pm that Paul Quinn was the one. Told in earlier post by Dar£n that P Quinn at bottom of fave pile. Anyone had dealings with the guy, and any tips on how to deal with him would be greatly appreciated!

 

Court date is 23.8.07 and going on hols in 3 weeks time for 2 weeks and would love to have something settled before then - any ideas as to my luck??

 

bet its no go - anyway, response eagerly awaited from anyone with any knowledge of this guy - thanks a lot

[JackG]

Yeah, hopefully, if the sun starts to shine, touring Europe for 2 weeks, shd be fun!, but means will have to start bundle next week as when I get home, will only have 2 days to get it to Court and posted to Barclays before i hit 14 day deadline. so will have to start on it next week so that its ready for when I get back from hols.

 

By the way, should I post it 1st class recorded delivery to Court? then should I post to Barclays Bank or their litigation team??

[JackG]

Will take both advice and hand Court bundle in at court, and hand Barclays bundle in at local branch and get them to post it - it's the least they can do!

 

Cheers to you both for the advice. Good luck John with court date of 9th, only about ?5 weeks away - the end is in sight, here's hoping to yet another victory.

 

Thanks Johhnymitch you have been consistent with your support and its much appreciated.

 

many thanks - will keep you all posted to new developments as and when they happen - have good weekend everyone!

[JackG]

Hi, Need Advice on Court Bundle please.

 

Am starting court bundle from link on this site and have saved it in word. Obviously, I think I need to re-type certain pages eg Index page, Early day Motion, OFT summary, as advised by bookworm in link to Court Bundle. But HOW ON EARTH do I number all the pages before and after the above, as once saved in word it doesn't want me to edit it. Am I doing something wrong with this link, if anyone has done their court bundle, please could you advise asap

 

thanks a lot to anyone who could help me

[JackG]

ALSO, in my court bundle do I have to include all correspondence I received from the court for eg. MCOL application that I printed off when I filed MCOL, Notice of Acknowledgement (from Court) Notice of Transfer of proceedings (from court) etc.

 

advice requested please as can't go any further until this is done. thanks

[JackG]

Thanks for that Johnnymitch will do that re' footer/header etc and will also try and email them this weekend as going away next weekend and would love to settle before that as when I get back I've only 2-3 days to get bundle to both parties. before 14 day deadline.

 

so cheers again for advice will try that tomorrow night, just couldn't get my head round how page numbers would be inserted. Oh to be a proper typist!

 

Anyway, as mentioned earlier, emailed Paul Quinn last weekend but not heard a thing back, sent him a nudge letter etc and attached SOC's but nothing back. Not surprised really, must be inundated, poor things!

 

but will crack on over weekend

 

best wishes Jack

[JackG]

Ok Johnnymitch, cheers for that advice.

 

Have took biro out and numbred all pages so lo and behold! bundle ready to copy. Thought best to have all numbering in same style (biro) neatly in centre at bottom of each page, rather than some biro and some printed. Will hold off photocopying complete bundle until I get your thoughts on that. Have used best handwriting and black biro so should copy ok. Will start copying tomorrow night, should I just do one copy at this stage? or should I do all 3. Have only 3 nights this week before going away for 2 weeks, so need to know asap.. Also trying to buck courage up to ring PaulQ to let him know I'm away from friday for 2 wks. Don't quite know what to say to him when I ring. Any tips?

If I only copy 1 set, can do other two when I get back and post them 1st class recorded delivery so they get there before 14 day deadline b4 court case! Just in case???? B's settle before I go away. coz that wud mean lots of wasted paper and ink!!!!!

 

thanks again Johnny for your help and advice- much appreciated