rhoodnotts v Barclays ***SETTLED IN FULL***

[rhoodnotts]

Thanks for your help, Bookworm. I have read the two threads through a couple of times and get the message loud and clear that it is crucial to turn up.

Will I be able to claim for loss of wages?

What should I do to prepare? zsazsa says they submitted their CMI sheet; what does CMI stand for and what is the importance of the sheet?

I will phone the court tomorrow to clarify about the January date. I know you'll say that Barclays will probably settle before it gets to court, but I'd be very reassured if I could organise a buddy to come along in support, can this be arranged?

[Bookworm]

Under CPR 27.14(2), the court may order a party to pay all or part of -

 

(...)

c. a sum not exceeding [£50] for any loss of earnings by a arty or witness due to attending a hearing (...)

 

So on that basis, you should prepare something to show the judge your loss of earnings for that day. If the other side offers to pay up on the day of the hearing, but before you go in front of the judge, make sure the other side pays that too, if they refuse, say you want to let th ejudge decide then.

 

CMI (Case Management Information), as far as I am aware, doesn't apply to an allocation hearing, only to Mercantile, but I'll check for you. In the meantime, you could check http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html #3, and see if you want to maybe use some of it anyway, just to be ready.

 

As for support, well, I think your best bet is to trawl the forum for people who have a hearing on the same date, and make contact with them ahead, and take it from there.

 

You might want to pm The_Phoenix, he no longer lives there, but I know he had an allocation hearing in Kingston a few months back, so shoud be able to tell you what to expect. ;-)

[rhoodnotts]

Hi Bookwork,

I've been looking at the Lloyds thread

http://www.consumeractiongroup.co.uk/forum/general/90826-district-court-rules-punative.html

where the Judge in Birmingham ruled for the Bank and have today sent a recorded delivery letter to my Barclays Branch in Kingston upon Thames requesting a copy of my original contract and I've copied a Witness statement which I will adapt, but I'm concerned about what everyone refers to as a Court 'bundle' presumably a lot of papers.

1. what should a bundle of papers consist of?

2. do I need just one, two or three copies of everything?

Regards,

rhoodnotts

[rhoodnotts]

Where can I find a list of what I need to prepare for an Allocation hearing in just over 3 weeks time on 25 Jun

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[rhoodnotts]

Allocation hearing

 

 

These types of hearings are primarily to decide upon which track your claim will be allocated to, so your main objective would be to argue for allocation to the small claims track. Other matters could also be decided such as directions, and the judge may attempt to narrow the issues in dispute.

 

So the most important thing is to argue that my cliam should be heard in the Small Claims Court?

[Michael Browne]

You could also proose the Draft Directions Order. See Preliminary/Directions Hearing at the same post.

[saintly_1]

You could try ringing Barclays litigation team saying something like .... ive got a court date and was wondering if you could give me the name of the person dealing with my claim ........ you never know they might settle

Hope that helps

[rhoodnotts]

Hi,

Barclays have finally settled in full and the funds are cleared in my account. Thank you all for your help and support, especially The_Phoenix!

5% on its way!!!

Regards

rhoodnotts

[welshcakes]

Hey fhoodnotts - great news1

 

You must be over the moon and rightly so! Hope you're planning on a celebratory drink this weekend.

 

PM a Mod and get yourself moved to SUCCESSFUL CLAIMS

[jonni2bad]

Congratulations.

 

Thread moved to successes. Can you please pass on your Litigation details to a Moderator in the following format...

 

Name of Bank

Claim number

Username

Total claimed

Date of claim (YYYY-MM-DD)

Concluded (Y/N)

 

 

Many thanks

[rhoodnotts]

Name of Bank Barclays

Claim number 7QZ05084

Username rhoodnotts

Total claimed £909.04

Date of claim (YYYY-MM-DD) 2006-12-21 original letter 2007-06-25 Court Hearing

Concluded (Y/N) Yes!

[Spiceskull]

Hi Bookwork

LOL - just noticed this...:grin:

[rhoodnotts]

Hi,

Although Barclays settled on Thu 21 June and I notified the Court on Fri 22 Jun once I had confirmation that the payment was made and cleared, I have today received a notification from the Court through the post. It says

"To the Claimant's Solicitor

Before District Judge Gold sitting at Kingston-Upon-Thames County Court, St James Road, Kingston Upon Thames, Surrey, KT1 2AD.

ORDER OF THE COURT'S OWN INITIATIVE

The claim be dismissed and the allocation hearing notified to the parties be vacated.

Note: A party affected by this order may apply, not more than 7 days after it is served on him, to have it set aside or varied.

Dated 25 June 2007"

The Hearing was supposed to be on 25 June. What does it mean? It seems like they had a hearing anyway and have dismissed my claim! Does this mean Barclays can demand it back???

[saintly_1]

I would just contact the court reiterating that you informed them on the 22nd that the case was settled

[rhoodnotts]

i'll phone them tomorrow

[rhoodnotts]

I phoned them and finally managed to establish that 'Claim dismissed' actually means 'Hearing Cancelled' because Defendant agreed to settle. Phew! When will they learn to speak plain English?

[saintly_1]

Glad its all sorted rhoodnotts

[DW1963]

I'm new to this so am I right in joining this thread and reating it to my own problems ? Hope it's ok, so here goes.

 

Does anybody know what would happen if the judge in the first instance suggests that the filing of an allocation questionnaire be dispensed with in this case ? How does this affect me ? Is there any action I need to take or do I just sit and wait ? I don't know if and when I should submit any additional data that may be helpful with the claim such as a revised Claim amount or detailed list of charges (explanation follows).

 

Barclays are defending my claim and have stated that 'The particulars of Claom do not provide details or particulars of the account in questiom and/or the precise charges alleged to have been unlawful, or the dates thereof.' It then states that 'the Defendant puts the Claimant to strict proof or each charge and the date thereof.'

 

This is correct in that the draft version that I used, showing me what I should write, only required details on total amounts. However, the full details were submitted to Barclays when first advising of my intentions.

 

Lastly, the bank says I can't apply for charges made before 17th May 2001 as this is 6 years, however, my initial request, and calculations thereafter, were based on some charges slightly before this date but the delay in getting a reply and applying for action may have made some of these unclaimable. Does it matter that the amount that I am claiming may now have changed and therefore the amount I have asked fo could be wrong ?

 

In case it's relevant, the 'Notice of Transfer of Porceedings' was dated 27th June 2006.

 

For info, I have also started a seperate thread but this one seemed relevant to my case.

 

DW1963

[welshcakes]

Hi DW

 

Might be more effective to stick to your thread so that your progress can be followed and people can give you accurate advise.

 

Just cut and paste your post above as this thread is no in Successes and won't get many long term follow up replies.

[rhoodnotts]

Hi All

Having settled in full last summer, they have now hit me with a further 3 Paid Referral Fees of £30, although they have refunded the first one for good behavior --- 'I usually keep my account in good order and have not incurred a Paid Referral Fee during the last 12 months.' My account went overdrawn on Tuesday 13 May, they sent me a letter which I received on Friday 16 May, by which time a couple of other transactions had gone through and it went to a total of £60 before I was able to transfer funds.

How can I get the £60 back, particularly in light of the current ruling that the OFT (Office of Fair Trading) is now looking into the whole business.

Is it worth writing to Barclays? If they had texted me using this centuries technology instead of the ordinary post that was invented several centuries ago I could have taken immediate action.

Regards,

rhoodnotts