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

[Jeff2000]

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.

 

 

Hi Heather,

 

 

You can prepare it now, but don't submit it until you have too! Barclays will not submit theirs on time! They are waiting for your list so they can see what is on it and then they will decide what to include in their list! IMO.

 

PS. I still haven't received anything from them! I will ring the Court, or better still, cal in myself and check to see if they have submitted anything with them!

 

 

Regards, Jeff.

[Heather58]

Thanks for that info Jeff, good tactics!!

[Jeff2000]

Hi,

 

 

I called the Court today. So far Barclays have failed to submit any list. However, the lady on the phone did tell me that there is a backlog! So I told her that I would give them the weekend to comply and call again on Monday. (I Know, I'm to kind).

 

I have until June 13th to ask for copy docs!

 

 

Jeff.

[The GodMother]

you are far to kind as they will not clear a back log in the weekend as friday is a lazy day and they then have until next friday.

[Jeff2000]

you are far to kind as they will not clear a back log in the weekend as friday is a lazy day and they then have until next friday.

 

 

 

 

Hi,

 

 

No, I don't believe they will clear the backlog over the weekend.

 

What I don't believe is that the backlog is over a week long at my local Court!

 

 

Jeff.

[Jeff2000]

Hi,

 

 

I have a letter from the Court informing me of a trial date and change of Court. Is this likely to be a full hearing?

 

Also, just phoned the local Court and Barclays have still not disclosed their list of docs! I should of had them by May 30th!

 

The lady on the phone said I can write to the Court manager and complain about the actions of the claimant. Anybody got any ideas for a letter?

 

 

Cheers, Jeff.

[Heather58]

Hi Jeff,

 

I was wondering if you have a minute if you could let me know what you sent off to the courts and if you did a covering letter with them.

 

I don't know what to send as do I send stuff from when I got the initial court order from Optima, or do I need to send every shred of correspondence between Barclays & my partner from when we started having trouble paying.

 

Don't know where to start, but I know I need to have it prepared at weekend, as I have no free time during week.

[Jeff2000]

Hi Jeff,

 

I was wondering if you have a minute if you could let me know what you sent off to the courts and if you did a covering letter with them.

 

I don't know what to send as do I send stuff from when I got the initial court order from Optima, or do I need to send every shred of correspondence between Barclays & my partner from when we started having trouble paying.

 

Don't know where to start, but I know I need to have it prepared at weekend, as I have no free time during week.

 

 

 

 

Hello Heather,

 

 

Take a look at robcag's list for some ideas;

 

 

In the XXXXX County Court

 

 

Claim number: 7XOxxxxx

 

 

 

 

 

 

 

HFC Bank Limited – Claimant

 

 

 

 

And

 

 

 

 

Robcag – Defendant

 

 

 

 

 

 

 

 

 

 

DISCLOSURE BY LIST - of - Robcag – DEFENDANT

 

 

 

 

 

I, Robcag, of xx xxxxx, xxxxx, xxxxx, xxx xxx, being the defendant in this case, intend to rely on the following documents in court:–

 

1. Correspondences

 

(A) Open letter from Restons Solicitors to Robcag, advising payment agreement to be reviewed, dated 20th August 2007.

(B) Copy of County Court Claim form issued by Claimant, dated 31st August 2007.

© Copy of formal request, dated 3rd October 2007, from Robcag to HFC Bank Ltd. requesting a copy of the relevant executed Consumer Credit Agreement under S.78 Consumer Credit Act 1974, together with copies of cheque sent to cover statutory fee, and proof of posting and delivery.

(D) Copy of formal request, dated 3rd October 2007, from Robcag to HFC Bank Ltd. requesting under the Civil Procedure Rules for disclosure of documents upon which the claimants are reliant on in court, with proof of posting and delivery.

(E) Court Document: Acknowledgement by court of receipt of defence entered, dated 4th October 2007.

(F) Copy of letter from Robcag to Restons Solicitors Ltd., dated 8th November 2007, advising non-compliance of their clients regarding CPR request, (enclosing copy of letter listed at (D) above), and formally requesting from Restons Solicitors under the Civil Procedure Rules for disclosure of documents upon which they are reliant on in court, with proof of posting.

(G) Proof of delivery to Restons Solicitors on 13th November 2007 of letter Listed at (F).

(H) Court Document: Advising Allocation Questionnaire enclosed, dated 8th November 2007.

(I) Copy of Allocation Questionnaire completed by Robcag (with additional information sheet) as returned to court, dated 27th November 2007.

(J) Letter from Restons Solicitors to Robcag, acknowledging receipt of letter listed at (F), dated 19th November 2007, received 23rd November 2007.

(K) Letter from HFC Bank Ltd. to Robcag advising Guide to Internal Complaints Procedure enclosed, dated 30th November 2007.

(L) Court Document: Standard Order for stay, dated 4th December 2007.

(M) Letter from Restons Solicitors to Robcag, advising documents enclosed, dated 21st December 2007.

(N) Copy of a Credit Application form, entitled “PRIORITY APPLICATION FORM”, referred to as “Credit Agreement dated 23 September 1994” by Restons Solicitors in the letter listed at (M).

(O) Copy of a document entitled “GENERAL INFORMATION ABOUT YOUR GM CARD”, referred to by Restons Solicitors in the letter listed at (M).

(P) Copy of a Default Notice, issued by HFC Bank Ltd. to Robcag on 1st February 2007, and stated falsely by Restons Solicitors to be dated 4th February 2007 in the letter listed at (M).

(Q) 7 Monthly Statements of Account for 7 individual months, dated respectively; 27th December 2005; 25th January 2006; 26th February 2006; 25th October 2006; 26th November 2006; 26th December 2006; 25th January 2007; each of which shows unlawful penalty charges added to the account balance.

® Amended defence submitted by Application to the court by the defendant, dated 27th December 2007.

(S) Copy of N244 submitted to the court on 28th December 2007 requesting permission to amend defence.

(T) Copy of covering letter, dated 27th December 2007, from Robcag to the Case Manager at the court, to accompany application form N244 and draft of amended defence.

(U) Receipt for payment of Application to the court in the sum of £40.00, dated 28th December 2007.

(V) Court Document: Notification of Allocation to the Fast Track, with Orders, dated 3rd January 2008.

2. Authorities and Case Laws

 

 

(AA) Civil Procedure Rules, Rules & Practice Directions.

(BB) Consumer Credit Act 1974

(CC) Consumer Credit (Agreements) Regulations 1983

(DD) Consumer Credit (Agreements) (Amendment) Regulations 2004

(EE) Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

(FF) The Administration of Justice Act 1970

(GG) Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

(HH) Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)

(JJ) Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339

 

 

Statement of Truth

 

I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I further certify that the list of documents set out in this List is a complete list of all documents which are or have been in my control and which I am obliged under the order to disclose.

 

I believe the facts stated within this document to be true and the document comprises of two pages.

 

Dated this 25th day of January 2008.

 

Signed

Robcag

 

 

 

Basically, you can include any document or letter that you think maybe helpful. Don't worry too much if you think you've missed something out, as you can write to the Court later if some other document/s turn up and you would like to include them. This will be up to the judge though in the end, but I've been told by Court staff that it shouldn't be a problem!

 

A cover note can be included if you like. Something simple like;

 

 

In the County Court of XXXXXXXX

 

Claim No. XXXXXXXX

 

Barclays Bank plc

 

v

 

Heather58

 

Dear Sir/Madam,

 

Please find enclosed a copy of a list of documents. This is a list of documents that I intend to rely on in the above case.

 

Or something like that.

 

 

Best wishes, Jeff.

 

PS. I'll be very surprised if you or the Court receive any list from Barclays!

[robcag]

Hi Jeff/Heather

 

I may have gone slightly over the top with my list, but not having done one before I decided it was better to be safe than sorry.

 

Also I agree with the advice of not sending the list in until the very last minute, as in my case I got another letter from HFC in the Saturday post just as I was addressing the envelopes to catch the noon (Sat) deadline for special delivery, and I had to re-print my list to include that letter (just in case!).

 

Even so, I did not receive the enemys list until after the deadline set by the court.

 

Jeff, would it not be worth making an application to the court and including draft directions regarding Barclays failure to disclose their list (although this will cost if you are not exempt from fees)?

 

Cheers

Rob

[Jeff2000]

Hi Jeff/Heather

 

I may have gone slightly over the top with my list, but not having done one before I decided it was better to be safe than sorry.

 

Also I agree with the advice of not sending the list in until the very last minute, as in my case I got another letter from HFC in the Saturday post just as I was addressing the envelopes to catch the noon (Sat) deadline for special delivery, and I had to re-print my list to include that letter (just in case!).

 

Even so, I did not receive the enemys list until after the deadline set by the court.

 

Jeff, would it not be worth making an application to the court and including draft directions regarding Barclays failure to disclose their list (although this will cost if you are not exempt from fees)?

 

Cheers

Rob

 

 

 

 

Hi Rob,

 

 

Sounds like a good idea! So how do I do that? What form do I use etc...?

 

 

Jeff.

[robcag]

 

Sounds like a good idea! So how do I do that? What form do I use etc...?

 

 

Hi Jeff

 

You need to use form N244 (which can be downloaded), and attach a draft order for directions.

 

If you are exempt from fees due to being on benefits or a low income you will need to use form EX160 as well.

 

I'll try and find a link for you regarding the draft order etc. and get back to you.

 

Cheers

Rob

[Jeff2000]

Hi Jeff

 

You need to use form N244 (which can be downloaded), and attach a draft order for directions.

 

If you are exempt from fees due to being on benefits or a low income you will need to use form EX160 as well.

 

I'll try and find a link for you regarding the draft order etc. and get back to you.

 

Cheers

Rob

 

 

Hi Rob,

 

 

Many thanks for your input!

 

I included a draft order with my defence. This was also included with my Allocation Questionnaire. No idea whether any action was taken by the Court, although I suspect not.

 

I also sent a letter to Barclays and their sols requesting all docs etc, some time after receiving the Court papers. So I should be covered regarding requesting docs, but so far they have ignored everything since the start of the claim.

 

I think I'll write to the Court manager first, as this will be free. Then, if there is no joy, I'll try the application that you suggest!

 

 

Regards, Jeff.

[The GodMother]

Her Majesty's Courts Service - Home

 

then on the let had side they have a list and u need to go to forms and guidance and enter the form number it takes u straight there. The bonus is u can fill it out there and it will print of whatever u hvae wrote in aswell.

[Jeff2000]

Her Majesty's Courts Service - Home

 

then on the let had side they have a list and u need to go to forms and guidance and enter the form number it takes u straight there. The bonus is u can fill it out there and it will print of whatever u have wrote in aswell.

 

 

 

 

Hi,

 

 

Many thanks GM! I'll take a look when I have a spare moment. I have a few days off work so should be able to sort something out pretty soon.

 

 

Regards, Jeff.

[The GodMother]

its ok jeff. The only problem with the site is u can save the document and come back to it u also cant save blanks so u will need to print of 3 of everything or cheat like i do and print one then photo copy the rest. I also sign everything b4 i start photocpying its earier.

[Jeff2000]

its ok jeff. The only problem with the site is u can save the document and come back to it u also cant save blanks so u will need to print of 3 of everything or cheat like i do and print one then photo copy the rest. I also sign everything b4 i start photocopying its earlier.

 

 

 

 

Hello,

 

 

I've had a look on that site and found the correct form. Looks OK, just might need a bit of help in filling it in!

 

 

Cheers, Jeff.

[Jeff2000]

Hello everyone,

 

 

OK, just a wee bit of advice please!

 

 

Very shortly my witness statement must be submitted. So far Barclays have failed to furnish me with the required information and I don't expect them to either. This means that so far I have been unable to enter an amended defence or any counterclaim!

 

Now I'm not really bothered what they decide not to do, that's their problem. However, I would like to play ball as far as the Court is concerned.

 

So, what I would like to know is can I still submit some kind of a witness statement on the due date? If so, does anyone have any suggestions of what I might include in it?

 

All help and advice will be much appreciated!

 

 

Regards, Jeff.

[The GodMother]

Jeff.

 

As u know i am not an expert but i would make it very clear in my witness statement that i have not been furnished with documentation that has been requested so u can file a proper witness statement.

 

If you have not already done so i think it would be good idea that u file a N244 advising that you want compliance with the documents requested and reflect the fact u have had to do this in your witness statement. I would also ask that u could file a full witness statement when u have been furnished with the info.

 

For the N244 i would ask that it is made into a unless order which i would word like this.

'unless barclays furnishes me this information within 14 days of the date of ths order then the case will be struck out at my request.'

 

I would make this a matter of urgancy especially as the witness statements are due soon.

 

U can find the N244 on the courts website Her Majesty's Courts Service - Home

u will also find stuff about witness statements there aswell.

 

shout if u need more help with the form.

[robcag]

For the N244 i would ask that it is made into a unless order which i would word like this.

'unless barclays furnishes me this information within 14 days of the date of ths order then the case will be struck out at my request.'

 

 

Might be worth adding something to your draft "Unless" order to include that if the Claimant does not comply and the claim is struck out then the Claimant shall pay the Defendants costs to date. (You might need to include an itemised schedule (or shed-load if you like ) of costs).

 

Cheers

Rob

Edited July 1, 2008 by robcag
missed a word out!

[Jeff2000]

Jeff.

 

As u know i am not an expert but i would make it very clear in my witness statement that i have not been furnished with documentation that has been requested so u can file a proper witness statement.

 

If you have not already done so i think it would be good idea that u file a N244 advising that you want compliance with the documents requested and reflect the fact u have had to do this in your witness statement. I would also ask that u could file a full witness statement when u have been furnished with the info.

 

For the N244 i would ask that it is made into a unless order which i would word like this.

'unless barclays furnishes me this information within 14 days of the date of ths order then the case will be struck out at my request.'

 

I would make this a matter of urgancy especially as the witness statements are due soon.

 

U can find the N244 on the courts website Her Majesty's Courts Service - Home

u will also find stuff about witness statements there aswell.

 

shout if u need more help with the form.

 

 

 

 

Hi GM,

 

 

Many thanks for your reply. Sounds like a good idea so will get on to it ASAP!

 

 

PS. Congrats on your new addition to the family!!!

 

 

Best wishes, Jeff.

[Jeff2000]

Might be worth adding something to your draft "Unless" order to include that if the Claimant does not comply and the claim is struck out then the Claimant shall pay the Defendants costs to date. (You might need to include an itemised schedule (or shed-load if you like ) of costs).

 

Cheers

Rob

 

 

 

 

Hi Rob,

 

 

Yeah, also a good idea. I'll add that bit as well!

 

I'll have to work out some costs etc!

 

 

Regards, Jeff.

[The GodMother]

Hi Jeff.

 

I do have good ideas sometimes and when i do it best i share them. thanks for the rep comments. Thanks for the congrats to. She is now 14 days old its hard to believe.

[The GodMother]

Might be worth adding something to your draft "Unless" order to include that if the Claimant does not comply and the claim is struck out then the Claimant shall pay the Defendants costs to date. (You might need to include an itemised schedule (or shed-load if you like ) of costs).

 

Cheers

Rob

 

Wish i had thought of that one.

 

£3,000.00 for wasting my time.

£5,000.00 for reasurch and electric used while reasurching.

£200.00 coffee and sugar bill.

£100.00 milk bill.

[foolishgirl]

Not to mention Cow & Gate!

[The GodMother]

how did u know its the baby milk i am using?

 

Oh and how about this one. Just to be cheeky.

 

Internet connection costs. £25.00 a month for XX mths totaling XX