Estela V Barclays

[dar£n]

ok, they [b's] had 14 days to acknowledge, then 14 days to enter a defence.

 

so 14 days from acknowledgement

[estela]

Hi Dar3n

Thank you for that info. so will wait till 3rd May.

So is it now that they will send me a questionaire?

Thanks;)

[dar£n]

not necessarily, some judges are dispensing with the AQ stage which is good news cos it moves you closer to the real date..mmmmm

[estela]

So what do I have to expect now to happen ?:o

[dar£n]

if everything goes to plan, the judge will either send out the AQ or notify you that it is not needed in this case, then its court time, so dont neglect your court bundles, the time soon catches up with you.

[estela]

Hi all

Friday 27 went to MCOL there was nothing, the 14th day was on Saturday 28, went back on Sunday and there was a Defence filed, it says Defence 26.03.07 that was the day i put my claim, what will happen now, just wait for the questionnaire, court day???

[estela]

Hi dar£n

Could you advice me about the court bundle!!!! do you mean letters sent?

[dickeggsy]

you need to go here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

click on the link to open the bundle and print the lot off.

[Guest ChloeJane]

Hi Estela,

 

Yes their standard delay tactic to defend. Costs them nothing to defend and of course they can't be seen as been guilty by default!, or be seen giving you your money too early or without a fight.

 

So the matter now will be transferred to your local court.

 

The court will be in touch and forward you a copy of their defence. Thumb twiddling time till then as nothing can be done except to read up on bundles and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate.

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

 

After this you will receive a court date!

 

The bundles information the link has already been given. Hope this gives some more direction of what next.....all the best with your claim..

 

Bundles you have already been given information on...all the best!

 

CJ

[estela]

Hi Chloejane

 

Thank you for your advice I will start to read and read, do you know why on the MCOL claim to Barclays says served 26/03/07 as that was the day i put the claim on line, I have 2 other claims to Halifax and theyve aknowledge the claim so from which date you start counting the 28 days they have to file a defence as it say from date served does this mean from the day i put my claim on line???

Thank you again;)

[estela]

Received today Notice of Transfer of Proceedings

Without hearing

It ios ordered that

The filing of an allocation questionnaire be dispensed with in this case unless the Disctrict Judge at the court of transfer orders otherwise

Note: Any party affeced by this Order may under Rule 3.3(5) apply it set aside, varied or stayed. Such a party must apply under Rule 23.3. within 14 days of service of this order. Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Date order drawn 04.May 2007

Attached the Defence and a Mediation leaflet.

 

The Defence point. 1 reads as follows

The Particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the claimant's account for unauthorised borrowings(wether unpaid fees for returned cheques, "Paid referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

Then they go on saying that they are entitled to charge bla bla........

point 11 In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, and the charges were a consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into overdraft. Accordingly, in the event thay the defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant

 

Please some advice on this is point 1 saying that I havent supply a list with charges and interest??? which I have send to Barclays and to the Court!!!!

What about point 11

 

So I have to do something or just wait!!!!

:confused: :confused:

[intercityman]

I am at exactly the same point, The defend with 11 points. I was going to try and post them but my typing not that good. I look forward to see if you get any advice.

[saintly_1]

Think its saying ... thats its our fault that we went overdrawn and even if the said charges and interest are unlawful and unenforcable (which of course they have denied) they have still suffered loss and damages.

 

Accordingly, in the event thay the defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant

 

Not too sure about this bit ...

[estela]

Hi all

Today received a General Form of judgment or Order

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiveing it

IT IS ORDERED THAT

Unless the claimant do file fully particularised particulars of claim by 7 June 2007 the claim be struck out.

 

Dated 17 May 2007"

 

Although the date at the top says 24 May 2007

 

Does this mean that I have to send them copy of my statements???

Please help !!!:o

[dar£n]

You need to send in your updated SOC's to both parties ASAP.

 

This is in response to the defendants point #1 in their defence

The Particulars of Claim do not provide details or particulars of the precise charges

 

Send them either by recorded or special delivery to Barclays and if poss hand deliver to the court but get a receipt from the receptionist to acknowledge they have received the SOC's

Send them with this letter:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[estela]

You need to send in your updated SOC's to both parties ASAP.

 

This is in response to the defendants point #1 in their defence

 

Send them either by recorded or special delivery to Barclays and if poss hand deliver to the court but get a receipt from the receptionist to acknowledge they have received the SOC's

Send them with this letter:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Hi dar£n

Thank you for your advice , I send this in March

27.03.2007

 

 

NORTHAMPTON COUNTY COURT

21-27 St. Katherine's Street

Northampton

NN1 2LH

Dear sir/madam

Find enclosed further information to be processed with claim number XXXXXXXX and served on the defendant Barclays Bank.

Yours faithfully

 

 

 

 

 

XXXXXXXXXXXXXXXXXXXXXXX

Enc (3 copies List of charges)

 

Recorded delivery isnt this what they want again??? or was the letter not clear enough. Thank you:-x

[saintly_1]

Thats what they want ...... but best to send again only this time send the banks copy to Barclays litigation team

[estela]

Ok thank you so I will be delivering in person on Tuesday and will send a copy to the Solicitors and then what... wait for a court date.

[saintly_1]

yep ........ just wait again ..... tho the end is nearly in sight for you

[estela]

Deliver in person to Court they told me that in 5 days will send me a court date. Also copy of charges to Litigation Team ASJ solicitor.

[saintly_1]

Get ready to phone the litigation team with your court date *going into Mystic Meg mode* I see money heading your way

[estela]

Thank you I am sure about that. Why do I have to phone the litigation team with the court date ??

[saintly_1]

Cos its more than likely that they will settle in full .. they seem to be in settlement mode once you get a court date .By giving them a gentle nudge you get there quicker

[estela]

Five days gone and no court date !!!!!!!!!!!!!!!!!!!!!!

[Trucker]

Hi estela

 

sorry to hi jack the thread slightly but want to ask Dar£n his thoughts about Barclay defence

 

Daz

 

If you look back to post 36... the defence that estela has quoted is it standard? The reason being that point 11 seems to play into our hands. The mention of breach of contract by going into overdraft...... In my reckoning that contradicts the most recent set of T & C's... If it is a breach then they can not claim the charges are for a service which i believe the T & C's now imply... your thoughts please

 

Trucker