Help! Any advice?!! L'il Me v's big scary barclays..

[bozzie]

No i cant tell you why participants have to use such stupid language as i am not entirely sure what you are referring to as 'stupid language' langwell.

 

My english is fine, however i personally like to use abbreviations for speed, and the use of as many apostrophes, commas, colons, ellipsis, exclamation marks, guillemets, hyphens, question and quotation marks as necessary to give warmth, humour and emotion to everything i write.....

 

 

[dar£n]

Can you tell me why participants have to use such stupid language - what is wrong with good Engish -so many silly abbreviations, commas, apostrophies [is that right] - it all seems so juvenile.

 

Perhaps I am just a crotchety old dear. Love to everybody.

Hmmm disappointed Langwell...

 

.....Nothing supportive to say ?????????

 

,,,,,,then May I suggest the best policy is """"say nothing at all!!!"""""

 

You keep going bozzie.

[bozzie]

Phew! Im still going... Just about.... Lol!

 

Thank you (for what must be the hundreth time!) again for your support!

 

Just getting my teeth stuck into preparing the documents to send to the court. Ive already got a huge pile of photocopying to amuse me tomorrow

 

Still need advice (i say advice, what i probably need is it translating into good old plain english, possibly including some sort of example to set me on my way!) as too what i should include for:

 

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) copies of decided cases and other legal materials to be relied upon

 

I think d) is covered under the court bundle template from this site?

 

c) is still the scariest one! Answers on a postcard too...

 

:grin:

[CAZKATJOE]

:o Langwell, what is wrong with adding a little bit of humour into what is a very stressfull process, it keeps us all going, so it is a little silly but hey it cheers me up at the end of the day....So it can only be good, i go to bed with a smile on my face......... best tonic available i think.....

Good luck Bozzie, i am now going to add lots of silly faces Why because i want to............................

[dar£n]

They are just asking you to provide evidence that you will rely on in court to support your claim, yes this is the basic court bundle.

 

added to your SOC's and letters of correspondence to the defendant.

and any other info you want to throw in there but to be honest the basic bundle is tried n tested so why rock the boat?

 

and anyway. Barclays aint gonna go to the trouble of putting one together are they?

[dar£n]

i go to bed with a smile on my face.......

 

OMG has my zip come down again, i told you i dont like the light on when getting into bed....:oops:

 

 

Weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!

 

oh what the hell, its christmas...well nearly

[CAZKATJOE]

GO for it Da£n................................................ is it that funny looking Dar£n.................... OOOPs we must act our age!!!!!!!!!!

 

Caz

[bozzie]

lol only just read the last 2 posts, oh how i laughed!!

 

Just a quick one the link in the court bundle thingumie for the oft summary

 

(summat like www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf)

 

brings up credit card default charges - is this the right one?

 

I so want this to be over now i've spent the last 2 days solid getting all these sodding papers together!

 

Whose round is it?!

 

[bozzie]

Hola amigos

 

Can i just check im sending this court bundle to the right address for the lovely (ahem) barclays?

 

Barclays Bank Plc

Litigation and Disputes

Level 29

1 Churchill Place

London

E14 5HP

Wouldn't like it to go astray in the post.....

I've got that friday feeeeeelllliiiiinnng!!!! Tra Laa!

[CAZKATJOE]

Yep correct

 

I am also guessing, it is Adrian St John, as he is the main solicitor.

[bozzie]

Why thank you indeed!

 

Now be off with you on this friday eve and have yourself some fun!

 

[CAZKATJOE]

this is about as much fun as i ever get on a Friday night,,,,,,,,!!!!!!!!!!!!!!!!!! Bet you wish you were me !!!!!!!!!!!!!!!

LOL

[bozzie]

we meet again...

 

For any of you who are following this avidly (and i know you are!) thought id better keep you upto date...

 

Bundle sent to barclays recorded delivery 21/5/07 (delivered 22nd to be precise) and handed in person to the lovely lady who works at my local courts on 22/5/07.

 

as i am led to believe barclays have a further 14 days to do the same...

 

im starting a sweep on how long this has got left to run, and takers?! lol

 

zzzzzzzzzzzzzzzzzzz

[torigirl_uk]

I think 3 weeks tops!

[bozzie]

I'll put £1 on 3 weeks for you... (lets not go crazy here!) lol.

 

Is it just me or does it feel like it will never end?!

[dar£n]

Bozzie, 14 days max...

 

why?

 

cos this is the deadline for Barclays to submit their bundle and we all know that just aint gonna happen.

 

you could even be cheeky, bit the bullet, jump the gun and call them, saying

 

you have been to the court to submit your court bundle and been informed that Barclays have not yet.

You have been advised to attempt negotiations in connection with this claim to settle the matter amicably before it goes to court.

 

[well you have been advised!.............by me]

 

if youve been ordered to submit, whens your court date?

[bozzie]

See this is where im a tad concerned now (!) because i dont appear to have received anything vaguely resembling a date to attend court?!

 

The letter i received states (and i quote)

 

GENERAL FORM OF JUDGEMENT OR ORDER

 

Dated 14/5/07

 

Before district judge perry sitting at (my local courts address)

 

IT IS ORDERED THAT

 

The claimant shall within 14 days of service of this order sen to the defendant and to the court:

 

a) a shedule setting out each charge repayment of which is sought, showing the date, amount and reason given if any for that charge being made;

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

c) a statement of evidence of all matter relied upon as tending to show that the charges are irrecoverable as penalites or otherwise;

d) copies of decided cases and other legal materials to be relied upon.

 

If the claimant fails to comply with this order the claim will be struck out without further order.

 

The defendant shall within 14 thereafer file and seve a reponse to the claimants schedule stating in respect of each item claimed:

 

a) pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) whether such charge is accepted to be a penalty, and if not why not;

c) if such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimant's actions (whether or not such action is treated as a breach of contract between the parties_, all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d)if such charge is not alleged to be pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended tp be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was unfai and reasonable.

e)any witness statements

f)copies of decided cases and other legal material to be relied upon.

 

Dated 09 May 2007

 

and thats it?

[dar£n]

 

IT IS ORDERED THAT

 

The claimant shall within 14 days of service of this order sen to the defendant and to the court:

 

a) a shedule setting out each charge repayment of which is sought, showing the date, amount and reason given if any for that charge being made;

They are claiming you havent sent your SOC's send them NOW by recorded delivery with this:

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

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

again SOC's adequate here

c) a statement of evidence of all matter relied upon as tending to show that the charges are irrecoverable as penalites or otherwise;

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-18.html

d) copies of decided cases and other legal materials to be relied upon.

not necessary unless you stated you were going to have such earlier.

[bozzie]

S@~T!!

 

I've sent a spreasheet of charges, all my correspondance and the court bundle thingumie from here to my court -

 

Im confused (yeah yeah doesnt take much...) i need to send the letter addressed to mcol from your link to my local court in addition to the bundle?

 

Sorry bad day and ive got a raging headache and need to pack my daughter off on holiday in an hour so stress levels raging and my powers of understanding are fading fast...

 

[SPONGEBOBSQUAREPANTS!]

Sorry to butt in here guys but I am just in the process of filling in my MCOL but was wondering whether to send one more LBA purely because my last LBA was sent normal post so bank may say they never received it, should I send one more recorded delivery, and hold back on the MCOL?? Any help will do thanks

[torigirl_uk]

Sorry to butt in here guys but I am just in the process of filling in my MCOL but was wondering whether to send one more LBA purely because my last LBA was sent normal post so bank may say they never received it, should I send one more recorded delivery, and hold back on the MCOL?? Any help will do thanks

 

Really don't bother sending it again, they more than likely did receive it, so don't worry and just file with MCOL.

 

Bozzie - sorry i don't know how to help hopefully someone will be here soon, so lets get you to the top again!!!

[dar£n]

 

I've sent a spreasheet of charges, all my correspondance and the court bundle thingumie from here to my court -

 

Dont worry too much as long as they are in possession of the details you are claiming, i.e SOC's thats all they need, plus youve saved the job of sending in the bundle later havent you,

 

Did you send them by recorded delivery or hand delivered , did you get a receipt?

[bozzie]

Hand delivered and yep got a receipt - my brain functioned momentarily on that day!

 

I showed the letter to someone who claimed (hmph!) they knew what was required and advised me accordingly... Lesson learned!!

[bozzie]

HELP HELP HELP!!

 

Guess what guys.... i just received a letter offering the FULL AMOUNT yaaaaaaay!

 

I WIN!!!!

 

However need some advice they want me to cancel court action and send a copy of the letter to them with this signed letter and then they will give me my money... but i want the cash first!

 

In fact the letter says:

 

As you will have seen from our defence, we disagree with your legal analysis that the charges levied to you account with Barclays amount to penalty clauses and are unfair. We do, however, recognise that it is not cost effective fir either party to take this matter to trial. Therefore, in order to acoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with any statutory interest you have claimed and costs totalling (x) subject to the terms set out in this letter.

This offer to pay (x) is in full and final settlement of your claim and is strictly without any admission of liability on our part. By accepting this offer, you also agree that the existence and the terms of this offer are confidential between us.

If you agree to the terms of this letter, please sign and return a signed copy of this letter to me at the above address within the next 7 days. You will also need to notify the county court in writing that you have discontinued your claim against us. Please forward a copy of you letter to the court when you return a signed copy of this letter to us.

 

etc etc

 

What do i do?!

 

Do i enclose a copy of letter to the court and say i will send it when i have received the funds? And are the terms in the letter standard?!

 

PLEASE HELP!!

 

:D

[Trucker]

Hi

 

Cross out any of the terms you disagree with, sign it and send it back, If you call them you may well be able to fax it and have the funds today. Do not call off court action until you have the cash.

 

Trucker