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2nd claim against barclays**WON**


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Hi all, I have put in my 2nd claim against Barclays and i am using MCOL which i didnt use before, also they have allocated it to another court...still local though.

I have received barclays defence today but no AQ and i am abit confused the letter is.....

 

Before district judge [edit]

 

sitting @ northampton cc

 

without hearing

 

IT IS ORDERED THAT

1. the filing of an AQ be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

NOTE any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed.such a party must apply under rule 23.3 within 14 days of service of this order.

 

In my last barclays claim we went to mercantile court but i didnt receive a letter like this, i dont understand what i need to do next? Can anyone advise me???

 

Many thanks

 

Jenny

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I'm not 100% certain but I think this is because the system is overloaded with claims. This is a way of shortening the process. As the judges know that the banks are settling before the get to court.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Should i ring the court asap and see if ive got to do anything?

Jenny

 

You could let us know what they say please.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks Livelylad, I'll phone the court mon am from work and i'll post when i get home.

 

Jenny

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Hi All, I phoned the courts today and the clerk said the AQ isnt really essential. One of the judges decides if each case needs one, hopefully they are getting wise to the banks stalling methods and making things abit quicker. I just have to wait for a date of hearing.

HTH Jenny

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Hi All, I was wondering if/when i can claim lit in person costs. Is it when it gets allocated small claims track? Or is it fast track? Ive looked at the cpr rules and i cannot find where it says where to claim.

thanks

jenny

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  • 1 month later...

Hi All, I've received my court date...3rd July.

 

I am going to send Barclays a little nudge letter...does it look okay?

 

To Whom It May Concern:

Case number 7Q*****,

I am writing with regards to the above case.

As you should already be aware we have been allocated a date for hearing. I am writing this to give Barclays a final opportunity to settle before court.

Below is a summary of costs and charges information.

£80.00 court costs.

£630.00 In unlawful charges.

£16.53 Interest @ 8%

£231.25 Litigate in person costs @ £9.25 per hour as per CPR 48.(25 Hours)

Schedule of charges,

***

***

Total =

630.00

These costs amount to £957.78.

If your client would like to send a cheque for this amount before 1st of June I will inform the court of unconditional settlement. If Barclays do not wish to settle this claim before 1st June then I will attend court and pursue this claim.

I am sure Barclays do not wish to abuse the court system by settling at the last minute and appearing to waste the courts valuable time, the claimants valuable time and of course the defendants time.

Regards,

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Hi All, I was wondering if/when i can claim lit in person costs. Is it when it gets allocated small claims track? Or is it fast track? Ive looked at the cpr rules and i cannot find where it says where to claim.

thanks

jenny

 

Hi Jenny, I know that I am going to sound really thick, but I am also looking to claim back my costs. What does cpr stand for?:rolleyes:

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Hi Babynan,

 

Litigants in person 48.6 (1)This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

(2)The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

(3)The litigant in person shall be allowed –

(a)costs for the same categories of –

(i)work; and

(ii)disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person's behalf;

(b)the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

©the costs of obtaining expert assistance in assessing the costs claim.

(4)The amount of costs to be allowed to the litigant in person for any item of work claimed shall be –

(a)where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b)where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.

(5)A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

(6)For the purposes of this rule, a litigant in person includes –

(a)a company or other corporation which is acting without a legal representative; and

(b)a barrister, solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(6) who is acting for himself.

Thats part of cpr 48, if you search it you should find the info you need,

PS You're not being thick, I didnt know about it either till i read another post, Barclays paid me the costs last time...after a bit of bartering...

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Hi Babynan,

 

Litigants in person 48.6 (1)This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

(2)The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

(3)The litigant in person shall be allowed –

(a)costs for the same categories of –

(i)work; and

(ii)disbursements,

 

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person's behalf;

(b)the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

©the costs of obtaining expert assistance in assessing the costs claim.

(4)The amount of costs to be allowed to the litigant in person for any item of work claimed shall be –

(a)where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b)where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.

(5)A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

(6)For the purposes of this rule, a litigant in person includes –

(a)a company or other corporation which is acting without a legal representative; and

(b)a barrister, solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(6) who is acting for himself.

 

Thats part of cpr 48, if you search it you should find the info you need,

PS You're not being thick, I didnt know about it either till i read another post, Barclays paid me the costs last time...after a bit of bartering...

Jenny, WOW:-o

Thanks for this, it certainly has helped me understand a lot better.

After reading through your thread I have a question. I see that you have informed the bank that you would be claiming your costs prior to them offering any settlement......:?

I am curious about how you get on with this because I currently have another claim going with another bank and I have been advised not to mention anything about these costs until after my claim has been settled in full, and that I should then file with the court using the template for

' Wasted Costs ' as it might delay or damage my claim in some way

Look forward to hearing how it all goes for you, GOOD LUCK:)

 

Has anyone else asked for their costs at the time a bank has offered to settled??

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Hi, These costs are our lit in person costs, they are what we can claim for our "fee" for letters and reasearch and such. Barclays have not offered any settlement figure yet but i have my court date. I am been a bit more forward with barclays than i should be because i have previously claimed against them and they paid in full + lit in person costs + interest etc, so i am pretty safe with this, how could they refuse when they have paid me off before???

I hope it helps, i've not looked into the wasted costs yet but as the lit in person costs is pretty straightforward its easier for me.

Jen

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Hi Babynan,

 

Litigants in person 48.6 (1)This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

 

Hi me again,

So I understand a bit more:oops: but this bit above say's where the 'court orders'. Does that mean that when you first filed your current claim that you included/asked for these costs at that stage?

and then when you got your court date and papers that the court had agreed at this stage that you could claim these?

 

See now you can see just how thick i can be sorry:oops:

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  • 3 weeks later...

Hi, Just an update.... I have received my court date..3rd july..

Ive started to gather stuff for my bundle. I have also emailed barclays (adrian St John and Krysta campbell) just to give them a quick nudge..

I am hoping i dont have to do my bundle, but i will be prepared just incase.

Jenny

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Hi Babynan,

 

Litigants in person 48.6 (1)This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

 

 

 

Hi me again,

So I understand a bit more:oops: but this bit above say's where the 'court orders'. Does that mean that when you first filed your current claim that you included/asked for these costs at that stage?

and then when you got your court date and papers that the court had agreed at this stage that you could claim these?

 

See now you can see just how thick i can be sorry:oops:

 

Babynan...I cannot remember if i answered this on your thread??? On the mcol...if i remember right...it does say costs, but i sent barclays the lit costs on an updated letter. I'll let the court know in my bundle with a copy of the charges.

Jenny

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Hi, Tried to contact lit team to hurry them up but nothing yet... going to send my bundle in the next week...fingers crossed X X

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Hi all, spoke to Tom hickey today...apparently settlement letter on its way.

We'll see!

Jenny

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Hi, As i thought..another delaying tactic....having not received anything...i have been emailing Tom hickey for a few days...always replied by Its been sorted as we speak. Emailed him today, got the reply he is out of the office today and wont be back till 26th!!! A week before my court date on the 3rd.

He said it is ample time to arrange settlement..NOT. I have asked for someone else to relieve him of my case..in his absence...so Paul Quinn is taking over. Email sent today...watch this space..LOL

Jenny

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Wtg ........ :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Still waiting...less than 2 weeks to go now. Court bundle sorted and posted...received by courts...

I havent heard back from Paul Quinn @ the lit team, I should be used to their stalling tactics by now.

Jenny

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  • 2 weeks later...

Hi All, In court on Tuesday, had a couple of offers but arguing over costs. Question....barclays have not sent me their court bundle...how can they rely on documents in court that they have not shown me first?? I am gonna ring the court tomorrow but any advise would be great...

J

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