Mercers-Barclaycard claimform - faulty DN **WON**

[Heather58]

Yes Jeff, I do have my own thread running on this.

 

I don't know how you subscribe to it though, perhaps someone else may be able to help on that matter.

 

I am going to get my partner to phone court to see what status of his case his, as I have tried to phone on his behalf and they won't talk to me.

[pt2537]

Thread moved to the legal issues forum

[pt2537]

http://www.consumeractiongroup.co.uk/forum/legal-issues/128460-barclaycard-county-court-claim-4.html

 

thats a link to heathers thread;)

[Jeff2000]

http://www.consumeractiongroup.co.uk/forum/legal-issues/128460-barclaycard-county-court-claim-4.html

 

thats a link to heathers thread;)

 

 

 

 

Thanks pt!

[Jeff2000]

Hello everyone,

 

 

I have now received an allocation questionnaire in relation to this case! The case has also been transferred to my local County Court.

 

Any help completing the questionnaire will be greatly appreciated!

 

 

Regards, Jeff.

[pt2537]

ok

 

what form is it? N150 or 149?

[Jeff2000]

ok

 

what form is it? N150 or 149?

 

 

Hello pt,

 

 

It is form N150. It came with form N271, Notice of transfer of proceedings and form N152, Notice that defence/counterclaim has been filed.

 

The N150 must be completed and returned to my local County Court by 25th April!

 

 

Jeff.

[Jeff2000]

Hello everyone,

 

 

I have now received an allocation questionnaire in relation to this case! The case has also been transferred to my local County Court.

 

Any help completing the questionnaire will be greatly appreciated!

 

 

Regards, Jeff.

 

 

 

Hi all,

 

 

Does this mean that Barclaycard have now responded to my defence?

 

 

Jeff.

[The GodMother]

Not necessarily.

 

This could me that barclay card have said they dont accept the defense and they want to procede with he hearing or that it is a natural progression in the case.

[Heather58]

Hi Jeff,

 

Have you filled in your forms yet for court?

[FANTASY CHARGES]

JEFF

have read all of your thread

 

can you tell us the date you signed the application form ? it does not show ---

 

we noticed that balance transfers had entered onto the scene ( we know the general idea of balance transfers was around in 2003) UPDATE FURTHER RESERCH HAS SHOWN BALANCES TRANSFERS WER INDEED AROUND IN 2001

 

the reason we ask the question is because when you read those terms and conditions they have supplied ----- you see the bit about a £10 annual charge to your barclaycard ---------------

 

now it was a very long time ago when barclaycard for a short period that this charge existed

 

(this helps us to put those terms and conditions into a finite span more input needed here )

 

so the idea being developed is that those terms and conditions pre-date your application form -----

 

when you get your first statement just check the interest rates etc to compare

 

....................................................................................

...............................................

[FANTASY CHARGES]

ok barclaycard dropped its annual fee circa

 

" 12:13pm BST 03/07/2001"

 

Barclaycard drops its annual fee - Telegraph

 

however in the article it does say

 

A £10 service fee will still be charged to customers who spend less than £200 a year on their card and do not incur any interest charges.

 

to quote someone on the internet "I remember in 1998, when i had my first overdraft, charges were only £10. My Barclaycard charged a £10 annual fee but no penalty charges."

[Jeff2000]

JEFF

have read all of your thread

 

can you tell us the date you signed the application form ? it does not show ---

 

we noticed that balance transfers had entered onto the scene ( we know the general idea of balance transfers was around in 2003) UPDATE FURTHER RESERCH HAS SHOWN BALANCES TRANSFERS WER INDEED AROUND IN 2001

 

the reason we ask the question is because when you read those terms and conditions they have supplied ----- you see the bit about a £10 annual charge to your barclaycard ---------------

 

now it was a very long time ago when barclaycard for a short period that this charge existed

 

(this helps us to put those terms and conditions into a finite span more input needed here )

 

so the idea being developed is that those terms and conditions pre-date your application form -----

 

when you get your first statement just check the interest rates etc to compare

 

....................................................................................

...............................................

 

 

 

 

Hello FT,

 

 

The "application form" was signed in May 1997!

 

 

Regards, Jeff.

[Jeff2000]

Hi Jeff,

 

Have you filled in your forms yet for court?

 

 

 

Hi Heather,

 

 

No, not yet. Have you done yours?

 

I'll be filling it in either tomorrow or Thursday and then taking it personally to my local Court on Friday Morning!

 

 

Regards, Jeff.

[Heather58]

No Jeff I haven't.

 

I am going to have a look at it hopefully this evening or tomorrow and likewise I will be handing it in on Friday morning personally.

 

I know I am pretty good with most forms, but this one has got me stumped slightly and am unsure whether it is Barclays or us who have to pay the fee if over a certain amount???

[Jeff2000]

No Jeff I haven't.

 

I am going to have a look at it hopefully this evening or tomorrow and likewise I will be handing it in on Friday morning personally.

 

I know I am pretty good with most forms, but this one has got me stumped slightly and am unsure whether it is Barclays or us who have to pay the fee if over a certain amount???

 

 

 

 

Hi Heather,

 

 

I believe there is a fee to pay!

 

I've just had a very quick look at the guide to filling in the AQ. It doesn't look to difficult, so I'll give it a go tomorrow and then we can go over it together!

 

 

Jeff.

[Jeff2000]

Hello,

 

 

Well, I've been down to the Court and handed in my completed AQ. I followed the advice given over on Heather's thread with a few tweaks here and there to suit my particular case.

 

I explained to the nice girl at the desk that I had been unable to submit a proper defence or counterclaim as I had not yet received all the information that I required from the claimant. She said in that case I didn't have to pay any fee just yet. She then gave me a form to submit a counterclaim when I was able and also said that there wouldn't be a problem being able to submit it later.

 

I then asked about the current state of the claim after Northampton CC had informed me that the claimant had failed to respond to my defence. Unfortunately there were no details available, as the case has not yet been transferred to my local Court despite me receiving a notice of transfer from Northampton CC. She did say, however, that she would contact Northampton CC and find out what was happening and if there were any developments she would write to me with the details.

 

Oh, and an old workmate was working as a security guard at the Court.

 

Anyway, let us just see what develops next!

 

 

 

Regards, Jeff.

[Jeff2000]

Hello all,

 

 

This morning I have received a copy of Barclay's AQ sent from their sols, Optima!

 

I am just off to the PO to post off a copy of my AQ and draft order for directions etc!

 

 

Regards, Jeff.

[Jeff2000]

Hello all,

 

 

Having returned from my holidays and sifted through all of the mail, I have received a notice of allocation to fast track and disclosure order etc.

 

Except for dates and the name of the Court, the order is very much similar to Heather58's order posted on her thread.

 

I have until May 30th to give standard disclosure by list to the other party! Is this merely a list of docs that I will be submitting?

 

I have until June 13th to comply with any request to give a copy of any docs requested, or allow inspection!

 

Any pointers?

 

 

Regards, Jeff.

[Jeff2000]

Hello,

 

 

OK, a quick question or two for anyone out there!

 

My list of docs has to be submitted by Friday. What I would like to know is once the list has been submitted, can I add further docs to it at a later date? For example further correspondence from either Barclays or their sols.

 

If further docs can be added to the list, will this need the permission of the Court?

 

 

Regards, Jeff.

[FANTASY CHARGES]

Hello,

 

 

OK, a quick question or two for anyone out there!

 

My list of docs has to be submitted by Friday. What I would like to know is once the list has been submitted, can I add further docs to it at a later date? For example further correspondence from either Barclays or their sols.

 

If further docs can be added to the list, will this need the permission of the Court?

 

 

Regards, Jeff.

 

 

is this any help ??

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

[Jeff2000]

is this any help ??

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

 

 

 

 

Thanks! I'll take a good look at that info!

 

 

Jeff.

[Heather58]

Hi Jeff,

 

How did you get on with your disclosure list and what did you include in it. I am about to sort out my partners for him.

[Jeff2000]

Hi Jeff,

 

How did you get on with your disclosure list and what did you include in it. I am about to sort out my partners for him.

 

 

 

 

Hi Heather,

 

 

Basically all letters I have written to and received from Barclays.

All letters I have written to and received from Mercers.

Any other letters I have written and received from Optima.

 

All Court documents. copy of alleged "agreement".

Copies of alleged default notices.

 

Copies of a list of charges etc.

 

Copy of CCA 1974

Copy of the regs.

 

Various references to case law. Wilson cases for example.

 

Basically, anything you may want to rely on in Court.

 

When I get some time, I'll send you a PM or e-mail with a copy attached. Bit busy at the mo! When does your list need to be submitted by?

 

 

PS. Guess what I haven't received yet from Barclays or their sols!!?

 

 

Best wishes, Jeff

[Heather58]

My partners has got to be in by 18th June, but I am wanting to get it early so I don't need to rush it, so will try and sort it this coming weekend 7/8 june.

 

Not heard a peep from Barclays or Sols, but then again they have got the fee to pay haven't they to continue this forward.