Smutley V Barclays

[smutley]

Hi,

Re Barclays Bank

After writing to Barclays requesting a refund of my bank charges, I rejected their offer £1,000. I then filed a Claim Form in the Cardiff Civil Justice Court setting out the particulars of the claim and also attached a spreadsheet of all the actual charges made with dates to my account totalling £2,851 plus interest (which I hope I worked out correctly) bringing the total claim to £4,543.99.

Barclays had until 30 March to respond. On 2 April I filed for Judgement against them as they had not responded. I phoned the court 12 April to see what the next step was, only to be told that my Judgement form was being returned as Barclays had filed a defence, received by the Court on 2 April - I queried the date, but was told that 'a defence takes presidence'. Today I have received a Notice that a Defence has been filed and a Allocation Questionnaire to complete. Also attached is Barclays Defence Statement.

Its rather long winded and full of legal jargon, but starts by saying that I did not provide details or particulars of the preceise charges alleged to be unlawful or the date thereof......

I was wondering if anyone else has got this far, and need some help on what to do next.... obviously I will complete the Allocation Questionnaire which will then result in a date for the hearing...do I need an expert....help, please!!

[dar£n]

Sounds like B's are using this as their excuse for filing late,

did you send them a copy of your SOC's when you filed with the court.

 

Send the court a copy and ask them to add it to your file

get a receipt

 

Send a copy to Barclays by recorded delivery

[smutley]

Thanks for the advice. I did attach my spreadsheet to the claim form, the copy the court sent back to me had it attached as well. But I will phone the court on Monday and find out if it was sent to Barclays.. will keep you posted!

[smutley]

Getting ready to complete the AQ, but the more I read on here the more involved it seems! I read that it is a good idea to attach directions for the court, is this applicable for small claims court. does this strengthen my case or will the judge automatically make directions? Also, I think I worked my interest out wrongly, would it best to carry on with the amount I have claimed as I have now read about contractural interest and if this is the case I think my amount is probably ok - sorry to be a pain but new to this group but the information I have read is brill.

[dar£n]

will the judge automatically make directions

I would leave it to the judge, just keep it to the basics, then you dont get confused,esp if someone questions what youre doing.

 

The second part ???

its hard to say without knowing exactly what you have done, if you are only talking a few quid then this is negotiable towards the end, if its big money prob a different tune.

try asking 'BOOKWORM' she is clued up

 

or

CJ in the chatroom, she is in there now

[smutley]

Hi,

Ive just received a 'General Form of Judgement or Order' from Cardiff County Court stating that they have made this order of its own initiative without a hearing... it is ordered that

1. Directions will be given in this case by the Designated Civil Judge, (Judge G Hickenbottom) on 14th August 07....

2. The parties may appear in person or make written representation as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 days prior to the hearing.

 

Do I now send the 'Directions' only, or should I back up with other info.... I did send with the AQ a form of directions, based on the info on here... would like to hear from anyone who has had similar experience!!! thanks Jenny:confused:

[dar£n]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[smutley]

thanks for help.... u know what I really just hate banks, barclays in particular, here I am juggling my money around just trying to make the accounts under the overdrafts, and when I try to move the money I cant access it coz its not a working day, well when the hell did barclays computers shut down and where in the sky is the money, making more profit for them no doubt!

[smutley]

Re: Cardiff Hearing 14 August - Please Post Details If You Have Already Received A Settlement. Do Not Post Anything Else Here, Please Go To The Original Thread. This Will Help Us With Our Claims Should We Have To Go To Court - Thank You.

[smutley]

Whoops, if a mod can change the heading for me to CARDIFF would be grateful!!

[smutley]

I am currently filling in an Application Notice N244 to update my SOC's, I am also putting in the new POC, can someone tell me if I have completed section 17 correctly and what is the daily rate figure to put in ?

This is for the hearing in Cardiff on 14th Aug

 

(1)A declaration that the sums totalling £3,287.37 have wrongly been debited from the Account

 

(2)Payment of the said sum of £3,287.37 charged by the Bank thereon.

 

(3)Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £605.03 and at the daily rate of [ xx ] until judgment or sooner payment.

 

(4)Court costs of [ xxxx].

Also, my account was opened in about 1990, are there any Standard Terms from then anywhere on this site so that I can add them as they only start from June 1998 - thanks Jenny

[welshcakes]

(Charges + O/D interest) x 0.00022 = £0.72

[saintly_1]

The daily rate is charges x 0.00022 ....... just the charges not the 8% interest

[smutley]

thanks you two!

but being totally thick, do I put charges x 0.00022 or actually work out the figure ie 3287.37 x 0.00022 =

[saintly_1]

Work out the figure

[smutley]

cheers, was just doing that... my brain is creeking into gear now!

 

but can you also help with the other part of my question:

 

Also, my account was opened in about 1990, are there any Standard Terms from then anywhere on this site so that I can add them as they only start from June 1998 -

And.... on the N244 (have been looking in the library but cant find anything) how would I word the 'intend to apply for an order... that....

UPDATE MY ORIGINAL CLAIM FORM N1 (because I over estimated on my original SOC's and also I want to submit the new POC's)

because

TO BRING MY PARTICULARS OF CLAIM UP TO DATE

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956704 have a look see whats there

[smutley]

thanks again and this I hope is the last question tonight!!

 

And.... on the N244 (have been looking in the library but cant find anything) how would I word the 'intend to apply for an order... that....

 

UPDATE MY ORIGINAL CLAIM FORM N1 (because I over estimated on my original SOC's and also I want to submit the new POC's)

because

 

TO BRING MY PARTICULARS OF CLAIM UP TO DAT

[saintly_1]

That seems ok .... why did you over estimate ...... was it due to late statements ? if so put that in there as well

[smutley]

no, I had all my statements already going back 6 years, but I didnt know this forum existed when I started the claim and sort of made a big mistake when calculating the interest, I did post this on the Cardiff Hearings 14 Aug thread, but basically I put the following on my N1

feeling a bit of a prat now, just been reading through my particulars of claim on the N1 form and I actually put ..

 

THE DEFENDANT FROM FEB 2001 TO PRESENT DAY HAS APPLIED CHARGES TO THE CLAIMANTS ACCOUNT TOTALLING NOT MORE THAN £2,851.09 (SEE ATTACHED SHEETS) THE CLAIMANT ALSO CLAIMS INTEREST UNDER SECTION 69,,,,,,, AT THE RATE OF 8% A YEAR FROM THE DATES THAT EACH OF THE ANNUAL CHARGES WERE MADE (AS ITEMISED ON THE ATTACHED SHEETS) TOTALLING £1,692.90 MAKING THE TOTAL CLAIM FOR £4,543.99

 

So my actual claim has been made for charges plus my exagerated interest...

 

So Welshcakes advised my to do a N244, which I have just about done now (with your help), presume I dont have to put in another N1 form as well?

 

But with a probably stay now on the 14th do you think I am wasting my time by updating my claim now?

[saintly_1]

As Gary has said on the Cardiff hearing thread they are working on something now and will let you all know by tuesday

[smutley]

ok, so best I hold off with my N244 until Tuesday then, just in case there is something else I can add, thanks again.

[everybodiesmum]

I filed an application notice (n244) on the 8th. June, together with a N1.

Followed instructions on this site and ticked the "without hearing" box. At long last I received a communication from the court as follows:-

NOTICE OF HEARING APPLICATION

"The hearing of the claimant's application for An Order (see copy attached) will take place at 10.00 on 9 August 2007 at Cardiff County Court"

My court date was originally 14th. August.

I expected my amended claim to go through, without a hearing and that I would still be ppearing on the 14th.

 

HELP! help! WHAT DO i NEED TO DO AT THIS HEARING

Haven't heard of this happenning to anyone else.

Now in total panic

[smutley]

be really interested to read the reply to this as now Im worried about putting in my N244..... but I didnt think I needed to submit an N1 as well....wonder if this is the reason why you have an application hearing, but why is it before the scheduled 14th ??? keep calm (if thats possible) xxx Jenny

[welshcakes]

I've not heard of it either ebm but sit tight for the next 24 hours whilst everyone works their head around how, what and why in view of the Stay saga.