Here we go - off to court

[daveymac]

Hi All

 

I've just bitten the bullet an filed with MCOL.

I hope I've got this all right

1) sent subject access

2) got lists of transaction

3) gave 14 day notice on intent

-received partial offer

4) rejected partial offer

-received notice barclays doesn't want to play ball

5) filed with MCOL for £1,400ish

 

Right now I could really do with someone to say "so far so good", as i've jsut paid the £120 fee, and feeling a little nervous as a result!

 

Cheers All- and I'll keep you posted how things progress!

[livelylad]

Hi All

 

I've just bitten the bullet an filed with MCOL.

I hope I've got this all right

1) sent subject access

2) got lists of transaction

3) gave 14 day notice on intent

-received partial offer

4) rejected partial offer

-received notice barclays doesn't want to play ball

5) filed with MCOL for £1,400ish

 

Right now I could really do with someone to say "so far so good", as i've jsut paid the £120 fee, and feeling a little nervous as a result!

 

Cheers All- and I'll keep you posted how things progress!

 

SO FAR SO GOOD

[daveymac]

Thanks for the vote of confidence!

 

The notice has been accepted, and now it's just a matter of playing the waiting game!

[daveymac]

Hi All

 

Another quick question:

 

I understand that it takes so many days for the claim to be classed as 'served', and then the bank has 14days to respond from that date.

 

Do they respond via MCOL, or to me?

 

Thanks for your help

Dave

[callum.golding]

Hi Daveymac

You will revieve a letter from MCOL any day now. This letter is called 'Notice of Issue". On that letter will be the date at which the Claim will be deemed served. They have 14 days from this in which to acknowledge, and 28 days in which to put in a defence.

The MCOL website will show you when they have acknowledged and also send you a letter confirming.

[daveymac]

Hi Callum

Thanks for the added info...

Tomorrow is the last day for them to acknowledge. I take it that they do that through MCOL rather than direct to me.

So what would happen if they don't acknowledge? I have to admit, I'm checking the website about every hour at the moment.

 

Cheers, Dave

[callum.golding]

The majority of cases are acknowledged on the last day. This will show up on the MCOL website and you will also be informed by post. I'd wait a couple more days and then if still not acknowledged then post back.

[daveymac]

Today I received a bundle of papers:

1)notice of transfer of proceeding:

2)letter from hmcs informing me of fee and transfer

3) AQ - form N149

4)Barclays defence - usaul word for word defence I've seen in everyones' threads.

 

Anyhoo - two questions I'd really appreciate some help on:

1) I have to pay court fees to MCOL and to my local court?

2) I am a little stuck on what to enter into section G of the AQ. I have read the 'guide to allocation questionnaires" and ended up a little dazed and confused. Should I go with the following:

 

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. I believe this would bring a rapid end to this litigation.

Any help on this would be mucho appreciated!

 

Dave

[daveymac]

Ok - I've just re-read the letter from MCOL, so Q1) is no - as the claim is not over £1,500.

[why!!!!!!]

hi,

you could enter this for section g,

"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 reduced my claim without argument. However, the continuing problem is (in common with the hundreds 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 :

i) Summary Judgement as the Defendants defence did not answer the particulars of claim and consisted of no grounds for defence;

OR

ii) Standard Disclosure.

I believe this would bring a rapid end to this litigation."

 

hope this helps (i pinched it off another thread that was posted today)

Claire

[daveymac]

Thanks Claire -

I've filled in the AQ, and I'm posting it off tomorrow.