bornagainthrifty vs Barclays

[bornagainthrifty]

Hi again all,

 

I've been pondering my predicament. As this is an allocation hearing and the usual route in is small claims - should i be arguing particularly for small claims or should I not really be bothered which the case is allocated to. I had stated small claims in my AQ - now I'm not so sure.

 

Thanks in advance for advice.

 

BAT

[dar£n]

you could request that the judge asks B's if they want it to remain in the small claims.

I read somewhere that if both parties agree, it can stay there.

.

.

If a claim is disputed ('defended') and the small claims track appears to be the most just and cost-effective track for your claim, the questionnaire will be in Form N149 (Allocation questionnaire (Small claims track)). Otherwise you will be sent a copy of the defendant's defence and a Form N150 (allocation questionnaire). Whichever questionnaire is sent to you, the information you provide in the questionnaire will help the judge decide which is the most appropriate track for your case. If you feel that your case is one that should be dealt with as a small claim in the small claims track, you should indicate this in the questionnaire. However, you must understand that, even though your view and that of the defendant will be taken into account, it is for the judge to decide.

[bornagainthrifty]

Thanks Dar3n.

 

Hi Wiggly,

 

An allocation hearing is to decide which track the case should go on. As your claim is under the 5K you would want to remain in the small claims track to avoid any costs risks. Barclays should contact you to mae arrangements for the telephone hearing. If they don't its worth giving them a reminder.

 

 

Points to argue in your favour include:

 

2. The claim is well below the 5K threshold. You filed the claim believing it would be dealt with in the small claims court and did not anticipate the risk of bearing the costs in the Fast Track. So to transfer to fast track would be grossly unfair.

 

Zoot

 

I've four questions relating to the allocation.

 

My claim is for just under £5k. However, interest will take it above. Will this weaken my case for small claims?

 

Should i have received a copy of Barclays AQ?

 

If it does get allocated to Fast track what are the advantages / disadvantages?

 

Is it worth me contacting Adrian at Barclays to discuss settlement?

 

Many thanks.

 

 

BAT

[bornagainthrifty]

I've been away for a bit again so sorry for the delayed update

 

Got a letter from barclays offering a settlement not far off the full monty - I rang them haggled a bit and when it came to discussions of court they caved and coughed up.

 

Money hit my account this week and I've just contacted the court to let them know I've settled.

 

Can a mod change this thread to *WON* please!

 

In between times I've incurred a couple of extra charges so on to round two!

 

Thanks to all for help and most of all support. Without you guys I'd not have had the cahoonas to go on this far. I've spent the last three moths raving about CAG and putting everyone I know on to this.

 

RECLAIM THE RIGHT!

 

 

BAT

[bitingback]

Hi Bat,

 

Really great news and congratulations to you.

 

Getting ready for the sequel allready.

 

Regards

 

BB

[lthomp192]

WELL DONE YOU.