Court Date set 12 March 2007

[Sparkey]

I have just a few points that I need a bit of help with.

 

1) Received letter confirming court date of 12 March 2007. Have printed of basic court bundle - as this is a business claim, I just leave out the UTCCR 1999 bit.

 

2) On my money claim I didn't put the bit about the Dunlop V New Garage bit - will this affect my claim ????

 

3) Since all this began we have been charged one more charge - can I add this to my list of charges

 

So far no contact from Barclays to settle - All documentation to be at court by Monday 26/2/07

[Sparkey]

Desperately need help, I can't find Murray v Leisureplay (2005) EWCA Civ 963 - can anyone help

[April7]

Leisureplay (2005) EWCA Murray

Civ 963

In the case of Murray v. Leisureplay (2004), Mr Murray was sacked by Leisureplay and he claimed three years' salary as per his contract of employment. The courts decided that this clause was a penalty clause and he was not entitled to this level of damages. Even though the decision was reverted on appeal, the appeal itself drew on and further reinforced the principles of penalty charges.

 

 

· “English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable”

 

 

I hope this helps. If you want the whole shibang, search through google.Might save you a trip to the library.

[rpjones78]

Hi sparkey!

 

Not sure about 1 and 2 - but as for point 3, I think you may have to do another claim once this claim has gone through. I'm guessing you will have filed your schedule of costs etc? I think if you were to change this to include your new charge you would have to pay to have it included. If it is just the one charge, you may wish to contact your bank directly to see if they will refund it rather than going through another potential court battle. Worth a visit to your local branch I would have thought and then take it from there maybe?

 

Good luck with it all - would be good to get some more details of your case so far!

 

Rich

[April7]

Hi Sparkey, What did you write in you POC? if you followed the wording given on this site you'll be ok.

Charges after claim starts. I beleive you have to make another claim when this is over, I dont think you can add to this claim once claim is issued.

[Sparkey]

I have probably messed this up completely but going through last night I found the particulars of claim for business account hence my point that I had not added the bit about Dunlop etc. I used the same particulars that I used for the other claims that I have done, as detailed in the library. Looking at their defence it is the same one that everyone else has received.

 

 

 

Reading through other threads and everyone seems to have had a few weeks to get their stuff into the courts - we have had just a few days letter arrived Monday last week to get stuff in for Monday this week. Not yet received anything from Barclays. Oooooooh I'm a liar, they called the other day to suggest that we close the account!

[April7]

Hi Sparkey, I think you'll be ok, if your case had no basis I'm sure the court would have "struck out" your claim if thats the word or would have contacted you or when you received the notice of hearing, items to bring to the hearing on top of your basic court bundle, if you know what I mean.If your not ready, ( a few days notice to prepare everything seems a bit tight) I have read you can ask the court to give you more time to prepare, on the otherhand, you've been there, done that (and are probably wiser than I am) and know what to expect in court,I on the otherhand,am just starting my claim although I've been studying and reading everything on this site for months now.For a quick answer why not pm one of the sites helpers or pop into the chat room, someone is bound to point you in the right direction.

Good luck.

[Sparkey]

Thanks April7, for your words of encouragement. Getting a bit stressed, all the other claims have been settled either before Allocation Questionnaire or just after. This is the first to have gone this far.

 

It has taken me hours to get things togethered and copied. The fax/copier machine does not know what has hit it. I hope (fingers, legs and everything else crossed) that Barclays are going to make an offer :-? and I won't have to go to court on the 12th

[Sparkey]

Just read replied to this thread, my claim so far.

 

22/5/06 letter to Local Business Manager requesting charges to be refunded (all statements to hand)

22/9/06 Letter before action

09/10/06 Phone call from Sarah Weller, Area Business Manager offering £300 to prevent court action - they actually said they had never seen one of these letters before and were not sure what to do! Of course rejected offer

11/10/06 Recevied letter confirming telephone call

23/10/06 MCOL

10/11/06 Acknowledgement of service - Adrain Ruffhead

28/11/06 Defence filed - 10 points

13/12/07 Sent back Allocation Questionnaire - Claimant

18/12/07 Allocation Questionnaire received at court from Barclays - 1 day late I may addd - deadline was 17/12/06

Mid Jan Copy of defendant AQ received by Claimant - nothing in box G

Feb - Received phone call from Barclays suggesting we close account

19/2/06 Received hearing date for 12 March (letter dated 16/2/06) all paperwork to be at court etc by 26/2/06 - a bit tight !!!!

[April7]

Hi Sharkey

Nothing in box G, sounds good to me, doesn't it to you? is'nt that the final time they can ask the court to make you supply more info before hearing.You on the other hand must have copied and pasted wise words from CAG re AQ.

I'm sure once you submit your bundle your offer will come. Just check through it, make sure you haven't left anything out, and the obvious.

1 for the court. 1for them. 1for you.

Keep your chin up.

[Sparkey]

Delivered in person, bundle to Local Barclays branch as there was no way we were going to get it Churchill Place (where ever it is). Made Barclays fax complete document at their expense to Adrian Ruffhead. Made assistant manager sign to say he had received it and that he promised to fax it. He phoned Adrian Ruffhead to confirm that he was accepting it on his behalf and dear Adrian agreed.

 

Bank staff at Barclays could not believe the amount of work that had gone into producing the document - well if they had paid up they would have never had that pleasure.

 

Just a case of sit and wait

 

 

SO FAR nothing from Barclays in the form of any documents!!!!!. Took the courts copy and posted it through the door yesterday. Today was the deadline that they needed to "get to each other documents they wish to rely on at the hearing etc".

[GaryH]

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

[Sparkey]

Happy to report, letter received from Barclays this morning offering full and final settlement. Yippeeeeeeeeeee:)

 

Does anyone know if you can claim the cost of getting the court bundle together, ie how much time it took etc?

[GaryH]

Costs are'nt usually claimable on the small claims track, but you can apply for them on the basis that the defendent has behaved unreasonably -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[dar£n]

sparkey,

***Congratulations***,

I bet youre in a good mood then....

 

one thing, if they have requested for your settlement to be 'confidential' cross it out before returning it.

[Sparkey]

Very happy now . Crossing out the confidential bit was the first thing I did.

 

Will have a stab at the claiming my time for the court bundle.

 

Lastly I need to donate.

[Sparkey]

Thanks GaryH for the info on reclaiming preparation cost. I have amended the letter to suit my claim. I will let everyone know the outcome.