Help

[Sbrocky]

hi guys

i would just like to start by saying this is a great site and i wish i had found it 2 months ago..

 

Im in the middle of taking barclays to court and im waiting for there defence to come in ,but i think i have made a mistake i used Bank charge letter templates | This is Money this site to go about getting my money back and all there letters seem different to yours .plus i have only had the true value of the amount owed to me by phone is it to late for me to get it in writing, any help on this matter would be greatfully recieved

 

 

sbrocky

 

P.S im not plugging there website

[Michael Browne]

plus i have only had the true value of the amount owed to me by phone

Do you mean you only have a total and not a list of the individual charges?

[Sbrocky]

yes thats why im starting to get really scared

[oneofakind]

Did you ever ask the bank for a full list of charges?

 

D.

[Michael Browne]

Although it's a bit late in the day you should send a DPA SAR see here:

1. Data Protection Act, Subject Access Request letter - List of charges

 

Barclays defence is likely to say:

 

The Particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. The defendant puts the claimant to strict proof of each charge and date thereof.

So you need to get this information asap.

[Sbrocky]

thank you for your help i will send a letter out asap ,barclays have til the 11th of april to send in there defence

[Sbrocky]

update:

i phoned the bank and they have told me that the charges are only £3827 and not there orginal figure of £5731 wich i have claimed for .i have asked them for a copy of all my statments wich i still have not had back from them.i phoned the courts up and told them i have claimed for to much money and they told me i can either submit a change to the claim or just leave it as it is and the judge will sort it out on the day .Well i have just got a court date to day for the 16th of may and im completely confused and scared of what i have to do .Please help me !!!!

[Sbrocky]

this is the letter from the courts ...

 

upon reading the court file

 

IT IS ORDERED THAT

1.the parties shall by 4.00pm on the 16th may 2007 send to each other staments of the evidence of any witnesses of fact they intend relying upon at trial of this matter and shall append to thise statments any documents they intend relying upon.

 

2.The parties shall co-operate to prepare a bundle of documents for use at the trial such bundles to include the statments refffed to above.

 

3.each party shall prepare a skeleton argument and that shall be included in the bundle reffer to above.

 

4.the claimant shall lodge a copy of the bundle at the court by the 6th june 2007 and upon lodging of the trial bundle the court will consider the listening of the matter .

 

5.the claimant shall,when lodging the bundle ,inform the court whether the defendantshave complied with this order and if not in what respect they have failed.

 

6.the defendant shall,at the expiration of the time specified in paragraph 4 above,inform the court whether the claimants have complied with this order and if not in what respects the claiment has failed .

 

7.the parties should note that the reference to staments includes the statments of the parties themselves as well as any other witnesses they intend calling and that the judge may decide not to take into account any documents or evidence not server and lodged as dirrected above.

 

8.this mattwer be allocated tio the small claims track an listed on a date to be fixed by the court.

[Karne]

Hi Brocky hun xxx

 

Okay. We already know we have the issue of the estimated claim and the lack of statements. The bank have said you will get these in two weeks so just keep chasing them. If you get them before 16th May it will make life a lot simpler. If not dont stress you will be able to amend the claim formally later.

 

 

okay to the directions;

 

1: Statement of Evidence

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482151

with all documents relevant attached,

 

2: Bundles this will include the above and the basic bundle.

You should write to the defendant with a basic disclosure list for them to agree. http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224

kind of thing with a letter saying the court have asked you to co-operate in directions etc etc - add to the list that the bank should include etailed calculations as to the true cost of the breaches of contract which incurred the charge. You want to get this letter to the defendants after the first deadline of 16th May is up.

 

Skeleton Argument is quite straight forward and again we can concentrate on that later. The judge has also given you the oppotunity to ask for a strike out of the defence due to non compliance with directions. Which is nice of him.

 

 

Bascially for the moment all you need to do is the statement of evidence and attached documents and see if they send yours by the deadline. I would wait until the 10th May before sending hopeing the statements show before them then you can include the true amounts in that.

 

If the defendants dont send same statement of evidence to you as directed you can inform the court.

[Sbrocky]

i have just been on the phone to barclays and they sending me a letter out with a break down of the bank charges ,but as its a woolwich account they are havin trouble getting me the statements and have said that it will take upto 40 days for them to send them out im hoping this letter will be good enough for the courts

[1159skunk]

Yeah thats fine it doesn't have to be statements that they send you, in fact they aren't under any obligation to send you statements just a break down of the charges, so that is more than adequate for the courts.

[Sbrocky]

thnx skunk at least thats some good news also do i have to send the statement of evidence to the courts or to barclays ??

[Sbrocky]

its now the 16th of may and barclays have not sent me or the courts a statement of evidence ,i phoned the courts today and they have said i have to send a letter of complaint to the courts which i have just done i also phoned barclays and they said they would phone straight back wich they never !!!!

[DaisyDay]

I would send the letter of complaint into the courts and write to barclays about it.

Inform them that whether or not they send the courts the statement of evidence you will still be carrying on with court proceedings.

Dunno if that right or not, but personally it what I would do. Get some other advice first though. Would hate you to lose out because of me! LOL

[Sbrocky]

i just got some great news barclays have just phoned me and are going to pay up in full with courts costs included .Another win for the little people !!!!!!