gjkendall vs Barclays *** WON ***

[GaryH]

Send a copy to Barclays solicitors too.

 

Here's the new strategy, which you may want to consider using - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[gjkendall]

Very unsure as to what I need to do re. the AQ.

 

 

I have so far included two sheets to the AQ...

-----------------------------------------------------------------------

1)

********* -v- Barclays Bank Plc

Claim No: ********

 

N149 Allocation Questionnaire

 

Section G- other information

The Claimant respectfully suggests that special directions may be made as per the attached draft order.

 

If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

2)

In the Horsham County Court

Claim number ********

Between

********* - 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.

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To be honest, this is all getting far too technical for my liking...

So, once this gets sent off, I have to send to the court and to Barclays a), b), c) & d) within 14 days.

A) Being my chart with charges and interest payments.

B) Being my statements with the charges highlighted.

C) ?

D) ?

Pleaqse help, I am beginning to struggle...and I am so close to getting through this!

[GaryH]

Don't panic! You're correct, you attach the section G passage and the draft order to the AQ and thats all you need for the time being. Also in the actual section G box of the AQ you should write this;

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

The AQ's will then go before the judge for allocation and to issue directions, etc. After a few weeks, you'll then recieve a notice of allocation containing the court date and time, and the directions that the judge has ordered. Hopefully he will have accepted the directions as you proposed in the draft, and if so you will then need to provide;

 

a) schedule of charges and interest

b) statements showing charges

c) statement of evidence

d) cases and statutes. These can be found in the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Ok?

[gjkendall]

GARYH: thankyou!

 

So this is in effect the court bundle?

 

I do not do anything untill the court reply to the AQ?

 

i'll get my AQ and the two additional sheets sent off on Tuesday then.

[dickeggsy]

thats about it.

send it in and wait for the judges direction.

mine went in on jan 17th and got a court date for april 16th ,so yours will probably be around july.

barclays never complied with the directions and i won by default.

don't worry you will get there eventually.

[gjkendall]

Right...are there any cover letters for the AQ? (for both Barclays Solicitors and the Court)

 

I did a search but could not find any...I am going to post these beauties off tomorrow!

[gjkendall]

Also, who do I make the cheque payable to? Need to send payment to Horsham County Court!

[Michael Browne]

Her Majesty's Court Service (HMCS)

[gjkendall]

Her Majesty's Court Service (HMCS)

 

Thanks for the reply, but I have noticed that in the paperwork with the AQ, it states "where the claim is over £1,500, the court fee of £100 to Horsham County Court"

 

Looks like it should be payable to Horsham County Court!

 

Do I need cover letters to my AQ?

[Michael Browne]

Do I need cover letters to my AQ?

Not strictly necessary, but you can do.

[gjkendall]

8 days since I sent the AQ off...still not heard anything!

[Michael Browne]

2 - 5 weeks is standard, even 12 - 15 weeks not unheard of

[gjkendall]

2 - 5 weeks is standard, even 12 - 15 weeks not unheard of

 

Thanks for the reply...I was getting worried...still not heard anything...the interest to be claimed is certainly piling up...blimey!

[gjkendall]

How long should I realistically leave it before I contact the court to see whats going on?...i'm paranoid that its going to be forgotten about, or that I have cocked the AQ up, and the case has been thrown out...surely if there was a problem they (the court) would get back in touch with me to explain any issues!

[Michael Browne]

You can ring them anytime, court staff generally are very helpful

[gjkendall]

Just recieved a letter from the court!

 

I have not read it myself, but the wife just tlet me know that the court date is 30th May:eek:

 

Can I phone Barclays now (What was the number?) and tell the Litigation Department of the court date and see if they will pay up?

 

Is this good practice?

 

Plus I need to get my court bundle together! Blimey, this is the bit that worries me....

[gjkendall]

I'll post back later with what the letter said, from what my wife said the letter did not read the same as other letters that have been already posted here!

[gjkendall]

Here is my letter...

 

The court directs by consent that the case be allocated to the small claims track;

 

The parties shall serve on each other within 3 weeks of the service of this order copies of their evidence and bring original evidence to the trial.

 

the parties shall try to agree any amounts claimed subject to liability

 

the claimant shall deliver to the court and the defendent at least a week in advance a bundle for use at the trial, clearly marked with the case name and reference and the trial date and containing copies of the parties statement case, any orders made by the court, the parties evidence and any statements in date order with numbered pages fastened so that they can be turned and read easily,

[everybodiesmum]

Help. Have I gone wrong. I did my on-line claim to Northampton. Did not realise I had to follow it up with my charges schedule. I had already sent this to the Bank. Have I messed up?

My claim has now been transfered to my local court (Carmarthen) and Barclays have entered a defence.Most frightening is their statement that they are going to make a counter claim.

 

My letter from Northampton CC says an allocation questionnaire be dispensed unless District Judge orders otherwise.

 

Regards from a scared everybodiesmum

[gjkendall]

Help. Have I gone wrong. I did my on-line claim to Northampton. Did not realise I had to follow it up with my charges schedule. I had already sent this to the Bank. Have I messed up?

My claim has now been transfered to my local court (Carmarthen) and Barclays have entered a defence.Most frightening is their statement that they are going to make a counter claim.

 

My letter from Northampton CC says an allocation questionnaire be dispensed unless District Judge orders otherwise.

 

Regards from a scared everybodiesmum

 

If they are sending you an AQ, I would assume the court is happy...did you send a charges schedule to the court as well?

[gjkendall]

Anyway, apparently my direct contact is a Paul Win...apparently he will be in touch with me 3 or 4 weeks before the court date....

 

Right, I am going to plow through the bundle...get it all ready over the weekend to be sent out on Monday...

 

ALL HELP WOULD BE GREATLY APPRECIATED....this is the main part of the claim that worries me now!

[why!!!!!!]

hi,

this is useful link http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

everything you need is in there.

claire

[gjkendall]

Thanks Claire...appreciated!

[livelylad]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[dar£n]

Right, I am going to plow through the bundle...get it all ready over the weekend to be sent out on Monday...

Hi, I notice you refer to your court bundle as 'IT' [get IT all ready]

This might be just a figure of speach and I am just checking..

 

You do know that you prepare THREE bundles dont you?