JackG - V- Barclays Bank

[johnnymitch]

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

 

 

I don't think it's necessary unless you have a problem, Jack, - I didn't -

only when I got the final settlement offer.

And your thread is being watched over by a lot of people, who will try to keep you right. x

[johnnymitch]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/96258-leanne-hsbc-offer-not.html

 

Try this link Jack, it might help - it's not Barclays obviously, but I think the principle is the same

[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

[johnnymitch]

Try this one Jack, hope it helps - if so give me a nudge on the scales

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[johnnymitch]

You can also inlude a 'Draft Order for Directions' with your AQ which might speed things up a bit; just copy and paste and adjust where xxxxx's are:

Quote:

 

 

In the xxxxx County Court

 

Claim number xxxxxxxxx

 

 

 

 

 

Between

 

 

xxxxxxxxxxxx - Claimant

 

 

 

and

 

 

 

Barclays Bank plc - Defendant

 

 

 

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's 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;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was 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;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[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!

[Trish76]

Yes that is the correct statement to enter in Section G

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

[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?

[Trish76]

Yes when it's your own claim you are a little aprehensive and all you need is a bit of reasurance. Just remember there are plenty of people behind you on this one and will help you every step of the way!!

[saintly_1]

can you see the scales under the names .... the middle icon of the group of 3

[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

[saintly_1]

Jack look at where it says private messages ;-)

[johnnymitch]

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

 

Yep - your scales get tinkled!!!;-)

 

To answer your question about AQ fee jack, if it's under £1500 it's free.

Just send in your AQ with your Draft Order for Directions and you'll be OK.

 

The link you found for Sect G seems pretty good to me - can't do any harm to use it, -I honestly can't remember if I filled in Sect G as it was for claims over £5000- maybe someone else can comment, but don't let that stop you from sending in your AQ today.

 

Oh, just to give you a lift, Jack, I've tinkled your scale!

[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

[dar£n]

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

[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

[johnnymitch]

Hi,Jack - your claim run seems to have been a marathon. However you've now got the all-important court date. I would be inclined to send a strong nudge letter to Barclays, drawing their attention to tha court date, enclose a copy of your up to date SOC and suggest they might like to settle sooner rather than later, as it only increases their costs in the process.

 

Personally, I wouldn't bother with a bundle at this stage, as I consider it a slog for nothing. As the court date nears possibly, but they may settle before you need it.

Others say you should do a bundle and send it to Barclays, but you can bet your claim money that they won't produce one.

What did the letter giving you the date say? Is it a prelim or a full blown

hearing? Have they mentioned a bundle?

 

Plenty of time, Jack, but give 'em a shove!

[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

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html have a read of this thread JackG