Me vs Barclays

[Baddoo]

Hello all,

 

I started my claim in December of last year and it pretty much gone to script.

 

Letters to them followed by offer, offer rejected , letter to them, no response so claimed through MCOL, acknowlegement filed, defence filed and it has now been passed onto the local courts.

 

The letter from Northampton has dispensed with the AQ so I have sent the letter suggested by Bookworm on a different thread for a draft order.

 

One of the things they claim in their defence is they don't hve a schedule of charges (yeah right) so I have kindly sent them another schedule today and given them yet another opportunity to settle. Just to be mean and give them the finger as well as show I am serious I have also included a copy of my letter to the court

 

All this work for £445 worth of charges, not to mention I have to start again because Ive had another charge since beginning my claim

 

Well here's hoping they fnally see Im not going to go away

[Baddoo]

Hi all,

 

My allocation questionaire has definitely been dispensed with.

 

I have had an order sent to me from the court giving me a court date of 25 July 2007. It also orders me to submit my court bundle with 28 days and goes on to state barclays have 28 days to submit their response.

 

By my calculation that means both bundles would need to be with the courts a whole month before the actual court date and if one of us does not comply it will be struck out in the others favour.

 

Surely this is good news at it will either force barclays to submit a bundle or settle well before the court date, I certainly will remind the court when barclays time has expired for submitting if they do not

 

Another question is if i submit my bundle this week do they get 28 days from my submitting the bundle or 28 days from the end of my 28 days even though i submitted early?

 

Going to start my bundle tomorrow so it will be ready by wednesday.

[dar£n]

both bundles would need to be with the courts

I sent one to Barclays by Special Delivery and handed the other in at the court,

Another question is if i submit my bundle this week do they get 28 days from my submitting the bundle or 28 days from the end of my 28 days even though i submitted early?

they will have the same deadline as you have been given

I have to start again because Ive had another charge since beginning my claim

you can argue the toss when settling, say pay it back or you will simply start a new claim with them incurring more costs.

 

Going to start my bundle tomorrow

this IS a typo isnt it, you DID mean to type BUNDLES right?

[Baddoo]

I sent one to Barclays by Special Delivery and handed the other in at the court,

they will have the same deadline as you have been given

you can argue the toss when settling, say pay it back or you will simply start a new claim with them incurring more costs.

 

this IS a typo isnt it, you DID mean to type BUNDLES right?

 

Thanks for the reply Dar3n,

 

This is what the order by the court says:

 

1) The claimant shall within 28 days of service of this order send to the Defendant and to the court:

 

*Usual schedule, copies of statements etc here*

 

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

 

2) The defendant shall within 28 days THEREAFTER file and serve a response 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 contractual document relied upon

 

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

 

c) If such charge is alleged to be a pre estimate of the defendant's loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties) all facts and matters intended to be relied upon as showing that such is 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)witness statements

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

 

If the defendant fails to comply with this order, the defence will be struck out without further order

 

3) the original documents shall be brought to the hearing

 

4) the court must be informed immediately if the case is settled by agreement before the hearing date

 

I know this in all probability wont get to court anyway so I'm not especially concerned but...

 

I too would have thought they should have the same deadline but it clearly says thereafter.

 

I'm not sure how fair this is in all honesty, they basically get a copy of my evidence and what I would say (not that it isnt already freely available) and then have 28 days in which to build a defence to refute it, not only that but they have something to work to so can be extremely specific and essentially snipe the argument before a word is spoken (and we all know how slippery lawyers can be).

 

Its not a typo as such, once Ive done one bundle Ill get it photocopied, cheaper than inkjet cartridges. I did realise I would need to send Barclays a copy.

 

I have to wonder if the court setting a date well after both parties should have submitted their bundle is a way of seeing if both comply and a way of seeing just how seriously (or not) the bank is taking these cases.

 

Barclays certainly wouldn't want it noting they failed to comply with a court order that gave the ultimatum of "this is a one shot deal, fail to comply and your history" would they?

 

They way I interpret the order they have 28 days after I submit my bundle so for the sake of argument if I submit on 1 May (well within the 28 days) they have till 29 May to submit theirs.

 

PS. Sorry this reply is so long

[dar£n]

Saying ALL that [LOL] it does look pretty std.

We all know they will have no intention in compiling a court bundle.

So its just a waiting game im afraid and wait for THEIR deadline to pass and continue from there.