Crash v Barclays2**won**

[crashbandicoot]

I thought I better start a seperate thread for hubby's claim.

 

S.A.R. sent on 22 Aug 06;

Prelim on 04 Oct as they took forever with the statements;

LBA on 23 Oct;

Court claim filed on 21 Nov for £1,404.41 for charges & contractual interest at 26.4% (rate charged pre-6yrs ago);

AQ sent in on 26 Jan 07. Last date for filing was 09 Feb and the courts or I haven't seen anything from Barclays since.

 

I called Paul Quinn a couple of days ago and he said they had sent it in and would chase. I reminded him that they've recently settled my claim in full, two days before the hearing (similar claim, bigger numbers) but he said irrespective of that they have to give other more imminent claims priority, and suspects they will be calling me to settle two weeks before a hearing date.

 

So just waiting until that time.

[crashbandicoot]

Called the court today as not heard anything. Have been issued with a court date of 19th April for the small claims hearing.

 

I guess the fun begins from about 10th April then!

[crashbandicoot]

Bundle sent via TNT yesterday with an application for costs included, just so that they know I'm gonna be claiming those too

[crashbandicoot]

Rung Paul Quinn today to remind him of the imminent court hearing next Thursday. They are swamped as usual so he will be in touch on Monday. All the better for me, anyway I hear they are now giving in without much of a telephone fight (dagnabbit!)

[Micky the Hippo]

was your CI compound Mindsai stylee?

 

and best of luck, it looks like you're on top of it

[crashbandicoot]

Yes Micky it was.

 

Feel a bit sick now, but Paul called and asked me for a settlement figure. I gave him the full amount with costs. He called back after 10 mins saying they were prepared to pay the full claim that went into court, but not the application for costs, calling me a 'serial' litigant!! I said fine, we'll just leave it up to the judge to decide. We went around in circles for a bit, and he said we will instruct a barrister to come into court, it's not an empty threat etc. I said fine. He finished off by saying it's obvious we're not going to come to an agreement, see you in court.

 

Thus I feel a bit sick (GULP!) however, for now I am sticking to my guns.

 

We'll see how things progress and whether I get another call in a couple of days.

[Micky the Hippo]

so they're ok with the charges plus comp CI but not the costs?

 

that make sense, not

 

'serial litigant'? no problems with them being a 'serial illegal charger' then?

 

sounds like you're on the cusp of a win to me

 

excellent news

 

can I ever so slightly have a look at your various letters regarding the CI argument? They clearly get the job done. I'm still at prelim stage with the CI claims

 

thanks

 

and how much did you claim for costs?

[crashbandicoot]

Well he called back to say there was a bit of confusion over my costs page. They seemed to be looking at MY costs from my previous claim, rather than hubby's although I can't understand how they've managed to mix them up, as hubby's bundle definitely had his costs (£384.93) in them. I faxed it off to him and confirmed that he'd received it.

 

Maybe that's why they got so funny...they were thinking I'd snuck it the same costs from an older claim, which isn't the case at all (it was more in my last claim too!)

 

Still we'll see what happens.

[Micky the Hippo]

that would make sense

 

all sounds good then

 

that's a fair bit of costs isn't it, although I suppose the court fee and the MCOL thing is most of it, plus time plus letters?

[crashbandicoot]

Micky this is additional costs for preparation/research on the case - 38 hrs @ £9.25 per hour. See here for more info

 

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

[kippy2]

this is great news apart from the costs.

[crashbandicoot]

Thanks Kimmy, it's not over just yet but we'll see

[sandbag]

Keep at 'em Crash.

Best wishes

sandbag.

[kippy2]

looks like litigation are losing their professional touch. just been reading your posts again.

 

im quite horrified that they called you SERIAL LITIGANT! errr excuse me its our money

 

youve got every right to the costs

 

will find dar3n quote on this in a min

[dar£n]

no he wont ...LOL

[kippy2]

no he wont ...LOL

what i meant was trying to find the legal term you quoted on spleens thread re costs

[dar£n]

To be honest, I cant really advise anymore than Crash already knows. Ive only just started my claim #2 so am behind, so it'll be more like me asking than advising.

Im getting prepared for a rough ride on this one.

 

but i DO hope they call me a serial litigant.

[dar£n]

oh I see.

you mean I'd say something nerdy like.

"you should quote him CPR 27.14"

 

LOL

 

but just in case

PART 27 - THE SMALL CLAIMS TRACK

[kippy2]

oh I see.

you mean I'd say something nerdy like.

"you should quote him CPR 27.14"

 

LOL

 

but just in case

PART 27 - THE SMALL CLAIMS TRACK

 

YES what i was looking for. :D sadly didnt do this on my biggy claim last june. oh well swings and roundabouts gonna wallop them now pre six years ha ha

[bgqs]

Any update Crash ? Subscribing...

[crashbandicoot]

Nope, Barclays haven't called back to settle so it's off to court tomorrow morning, armed with a lot of ammo from Karne and Hags.

 

Wish me luck boys and girls

[lthomp192]

You'll be fine, just remember you're fighting for all of us here at CAG, we will all be behind you supporting you, so don't worry,we are all behind you.

tomorrow you'll be a star. SO THE VERY BEST OF LUCK FOR TOMORROW. B.T.

[crashbandicoot]

Thanks lthomp, that's very sweet and I really appreciate the support and encouragement. I just hope I don't let you all down

[thespaceshanty]

Just been reading the post, good luck with tomorrow crashbandicoot, god I hope mine does not come to this! I am just waiting on a court date....

[crashbandicoot]

haha, not to worry shanty, as I am being pernickerty and arguing on costs....they have agreed to pay the full claim, so I could have taken it and run