Firefly100 vs Barclays

[Firefly100]

I have been following the step by step guide to claiming and think I am currently at stage 5:

 

5: 14 days later you are ready to claim in court. Complete this form with these details and attach your spreadsheet - with the 8% column showing and send to your local county court with your fee.

 

I have received from the court a "Notification that Acknowledgement of Service has been filed" dated 11th April.

 

Step 6 says that:

 

6: 28 days later you should receive a defence and an allocation questionnaire. Complete this with this template and return to court with fee if applicable (£100 for claims over £1500 )

 

From this I infer that until 11th May I should just be sitting tight and waiting for this defence to arrive in the mail, however, I am a little unconfident and just wanted to make sure that this is corect and there isn't anything else I should be organising / doing.

 

Would be very grateful for someone to confirm that I should just be waiting for the defence at this stage as I'd feel a whole lot more confident!

 

Thanks so much in advance!

[why!!!!!!]

Hi,

They have 28 days from the date the claim was deemed issued to file a defence.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

Take a look at these links and familiarising yourself with them.

hope it helps

claire

[Firefly100]

Ok... so I have now received a letter from the court saying Barclays want to defend my claim in full... together with an N150 allocation questionnaire... and now I am getting a little scared to be quite honest!

 

I am also feeling a bit thick as despite reading the notes for completing the allocation questionnaire I have all sorts of questions and worries about putting down the wrong thing... it's making me feel panicked and rather emotional so Icould really really do with some support and a shove in the right direction so if there's anyone out there who can help me you'd be very much appreciated!

 

OK - so my questions so far are:

 

1. Section C "Pre-action Protocols" I've ticked yes to part 2 - for "have you exchanged info. and or documents with the other party etc etc" Do I attach my spreadsheet of charges here? shoud this include the interest column? And, seeing as I have been charged 3 more times since sending this to Barcays to start with, will this still be OK?

 

2. "What amount of claim is in dispute?" - I am claiming charges back only together with the interest per day since each charge - so do I just put down the total charges and ignor the interest at this point?

 

3. Witnesses - I have put myself down as a witness but it is asking me "Witness to which facts" - what do I write here?

 

4. Section F Proposed Directions:

 

"Have you attached a list of directions you think appropriate for the management of the claim" - do I tick yes here and then download and complete the word document supplied in the guidance notes?

 

"If Yes have they been agreed with the other parties?" - do I tick No as I haven't had anything from Barclays on this I don't think?

 

5. Other Information:

 

"Have you attached documents to this questionnaire" - am assuming I tick yes?

 

"Have you sent these documents of the other parties" - am assuming I tick yes here too?

 

"If yes, when did they receive them" - do I put in the date I think they must have got my Letter before action?

 

"Do you intend to make any applications in the immediate future" - I am really not sure what I am being asked here.... what do I answer?

 

I do apologise as maybe people might think that this is all common sense and elementary but I guess I am having a crisis of confidence and am therefrom too unconfident to 2nd guess this!

 

Thanks so much in advance for any help you can give.

[paulwlton]

Ok... so I have now received a letter from the court saying Barclays want to defend my claim in full... together with an N150 allocation questionnaire... and now I am getting a little scared to be quite honest!

 

I am also feeling a bit thick as despite reading the notes for completing the allocation questionnaire I have all sorts of questions and worries about putting down the wrong thing... it's making me feel panicked and rather emotional so Icould really really do with some support and a shove in the right direction so if there's anyone out there who can help me you'd be very much appreciated!

 

OK - so my questions so far are:

 

1. Section C "Pre-action Protocols" I've ticked yes to part 2 - for "have you exchanged info. and or documents with the other party etc etc" Do I attach my spreadsheet of charges here? shoud this include the interest column? And, seeing as I have been charged 3 more times since sending this to Barcays to start with, will this still be OK?

 

2. "What amount of claim is in dispute?" - I am claiming charges back only together with the interest per day since each charge - so do I just put down the total charges and ignor the interest at this point?

 

3. Witnesses - I have put myself down as a witness but it is asking me "Witness to which facts" - what do I write here?

 

4. Section F Proposed Directions:

 

"Have you attached a list of directions you think appropriate for the management of the claim" - do I tick yes here and then download and complete the word document supplied in the guidance notes?

 

"If Yes have they been agreed with the other parties?" - do I tick No as I haven't had anything from Barclays on this I don't think?

 

5. Other Information:

 

"Have you attached documents to this questionnaire" - am assuming I tick yes?

 

"Have you sent these documents of the other parties" - am assuming I tick yes here too?

 

"If yes, when did they receive them" - do I put in the date I think they must have got my Letter before action?

 

"Do you intend to make any applications in the immediate future" - I am really not sure what I am being asked here.... what do I answer?

 

I do apologise as maybe people might think that this is all common sense and elementary but I guess I am having a crisis of confidence and am therefrom too unconfident to 2nd guess this!

 

Thanks so much in advance for any help you can give.

 

This wil do it for you

 

Paul

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Firefly100]

Thanks for posting this link - but the notes on this link are the notes I was referring to having read through and despite this, I still need more clarification - which is why I feel rather stupid (an unconfident!)

 

My allocation questionnaire is due back by 15th May and I am off abroad on business on FRiday 11th so really NEED to send the questionnaire tomorrow.

 

Soo... any help gratefully appreciated asap!

 

Thanks

[Firefly100]

I mailed my N150 on 11th May 2007. in the form I explained that I was to be abroad between 31st May and 19th June. before going on leave I did not hear anything from the court. On return from leave I still did not have any mail from them and thought I really should have had something from them by now so this morning, I telephoned the court to ask what was happening and was told that I had a court date set for 25th July!!!! and that they had sent me a letter!! It transpires that they sent it to the wrong house number.... we actually have moved house and I double checked my forwarding address letter and I did give them the correct house number so this is entirely the court's fault...

 

I have been reading on the forum that

 

"Once the Judge allocates a hearing date he will send you and the defendants a letter with directions on. You need to comply with these directions in good time, its unlikely the bank will, if you get yours right it puts you in a stronger position."

 

and also that if certain documents are not submitted to the court by a certain deadline then a case can be struck out!

 

I am now panicking that I have missed this deadline because I didn't get the letter and instructions... The court is re-sending it to me today but I am terrified I will now be too late and my claim will have been struck out and I will have to start all over again...

 

Can anyone who has had this letter from a judge let me know what the usual timescale is for submitting the paperwork?

[why!!!!!!]

Hi

from most posts i have seen it is normally 14 days before the court date, but it usually depends on the court as sometimes they dont even ask for bundles to be submitted.

claire

[Firefly100]

Thanks why!!!!!! - I guess I'll have to wait and see what the mailman brings in the morning! Fingers crossed all is OK.

[why!!!!!!]

no problem, i really hope it will be ok for you.

best of luck.

claire

[Firefly100]

OK.. so I thought I'd post an update of where I am now with my claim. I finally received the correspondance from the court which was in fact a "Notice of Hearing with Other Cases". It did not ask me to prepare any documentation but I have been sorting out a bundle anyway just in case. I also managed to get hold of Barclays T&Cs with a little help from the forum - thanks guys!!

 

I emained Krysta at the Barclays Litigation Team on Tuesday 3rd July as follows:

 

Dear Krysta,

On Friday 29th June, I received a "Notice of Allocation Hearing with Other Cases" from Kingston County Court. Although this was issued on 5th June the court originally sent this to the wrong mailing address so I have only just received it. This hearing is relating to my claim to recover charges imposed on my Barclays Bank Account.

Claim Number: XXXXXXX

Kingston upon Thames County - 10.30 a.m. on 25th July 2007

 

From my research I have found that in similar cases to mine, Barclays have not attended court to defend the claim and the Judges around the country are realising this. With this in mind, I propose that, so we don't waste any more of each others time, and the courts, we discuss the matter of settlement out of court. You will also be aware that I am claiming interest under section 69 and that this is increasing on a daily basis.

 

As at today's date the amount being claimed including the interest is £2,309.80 + court costs £120.00 for issuing claim + £100 court fee = total of £ 2,529.80. I have attached an updated spreadsheet herewith detailing these charges and interest.

I am willing to cancel all proceedings against Barclays if this figure is agreed as the settlement figure to be paid into my bank account.

 

These funds will be used to clear the overdraft on my account and return my account into credit. Hopefully, you will see, I am not doing this to gain financially, simply to straighten my finances with Barclays.

 

May I add that, taking this course of action to recover my charges does not reflect any disrespect I have for Barclays and I intend to remain a loyal customer for many more years.

 

You can contact me on XXXXXXX.

 

I would be grateful if you would acknowledge this email either accepting or refusing my offer to settle as this will be included in my court bundle as evidence that I have made every effort to settle amicably.

 

I look forward to hearing from you very soon

I have, as I expected, not heard anything from Krysta yet, so my plan is to keep chasing by email every week until the week of my court date and then phone her...

I have also been charged a further £90 in charges since submitting my claim to the court. I am going to ask if Barclays will settle this with my existing claim - and if they refuse I guess I'll be starting a 2nd claim against Barclays for this £90 - which seems ludicrous as it will cost more to issue the claim than the amount being claimed...

Will keep you posted how I get on.

[slick132]

Hi Firefly.

 

I'll watch here carefully as I am at the same stage and I've made similar contact with the Lit'n Team.

 

Good luck, Slick

[Firefly100]

ok - have been reading more of the forum all afternoon and...

 

although I've been preparing court bundles anyway... in "the "Notice of Hearing with Other Cases" I received from the court, there are no directions re sending in court bundles.... should I mail my bundles anyway to arrive recorded delivery prior to 14 days before the hearing?

 

I've been reading the thread on "court hearings a guide to the later stages" but there is nothing mentioned here about a "Notice of Hearing with Other Cases"...

 

My inference is to send in the bundles anyway as can't harm things but what does anyone else think?

[saintly_1]

Has Krysta been named as the person dealing with your claim ? if not i would send an email to dino to find out who is dealing with your case as Dino tends to reply

[slick132]

Hi Firefly,

 

Have a look at my update - RESULT!

 

Good luck, Slick

[Trucker]

ok - have been reading more of the forum all afternoon and...

 

although I've been preparing court bundles anyway... in "the "Notice of Hearing with Other Cases" I received from the court, there are no directions re sending in court bundles.... should I mail my bundles anyway to arrive recorded delivery prior to 14 days before the hearing?

 

I've been reading the thread on "court hearings a guide to the later stages" but there is nothing mentioned here about a "Notice of Hearing with Other Cases"...

 

My inference is to send in the bundles anyway as can't harm things but what does anyone else think?

 

Unless you have been specifically asked to submit all documents don't.

[Firefly100]

Thanks Trucker - I'll just sit tight then and wait!

 

Thanks also to saintly_1 - i'll email Dino today for the info.

 

and.... Congrats slickwilly132 - that's great news!!!

 

XX

[slick132]

Hi Firefly,

 

Rec'r letter from Kate today with full offer as promised but I think it was so quick as my Prelim Hearing date is 11th July. They must be swamped so you may have to wait another week or two. Good luck anyway.

 

Slick

[Firefly100]

OK...

 

so email to Krysta fell on deaf ears... no response at all!

 

As suggested by saintly_1, on Thursday 5th July I emailed Dino to ask who was dealing with my case - again no response.

 

I've emailed Dino again today to point out it is now 2 weeks before my court date and please could he contact me with the name of the person I should be dealing with to discuss settlement out of court.

 

I'll keep emailing until this time next week and then phone them.

 

Is so near am getting impatient now!

[Firefly100]

soo... I emailed Dino again this morning to say it was now one week until my court hearing. I got very excited when I got a reply!!!.... but only to say he was out of the office until Monday 23rd...

 

His out of office sais to contact Greg Thomas - '[email protected]' in his absence - so I did...

 

and.... I really did get a reply!!!

 

Have just got a very nice ansafone message from Greg who very nicely and politely explained that he will be looking at next weeks cases tomorrow and he should be in touch with me by end of play Thursday. He apologised for the lateness of this but said it was due to the large volume of cases they are dealing with.

 

He also said if I hadn't heard from him by end of play Thursday for any reason to ring him and he left me a number for this.

 

Roll on Thursday!!!

[Firefly100]

OK - so now I'm a little nervous!! - I've just called and spoken to Greg about my "Notice of Allocation Hearing with Other Cases" which is set for next Weds 25th July....

 

Greg tells me that Barclays are intending to send a representative to court on the 25th. I must attend as well in order to prevent my case from being struck out.

 

Greg says the judge will probably set directions for a full hearing and therefore because Barclays are planning to attend at this stage we can't settle out of court...

 

soo.. looks like I'll be in court on Wednesday - I'm just hoping that because it is a hearing with other cases I won' t be on my own next week.

[Firefly100]

so.. I've emailed Krysta and said although I look forward to seeing Barclays in court next week I'd rather still settle out of court if possible... so let's see if I get any response.

 

Am feeling a little down about things now as was really hoping for settlement this week.... so weary but trying to fight on.

[wardy]

Hi Firefly100

 

Do not let them get you down I still doubt that they will send anybody to represent. i have received a letter from my court informing that they have not even filed the paper workand I cannot get a reply from anybody at Barclays. I believe that they are losing control of the whole situation and just fobing people off.

 

Good luck

[Firefly100]

OK... so I went to court this morning!!

 

The court was chaos - mine was an Allocation Hearing with Other Cases and the court usher was having kittens as she had 250 bank charge cases listed for today alone and was scrolling through 9 pages of claimants names to check everyone in - the cases were not just for Barclays but for lots of other banks too, Abbey, Woolwich, Royal Bank of Scotland, NatWest, Lloyds etc - it was so crowded there was nowhere to sit!

 

At 10.30 the Barclays cases went in to court - about 20 of us - and a Miss Butler who was the counsel representing Barclays (and also Woolwich later in the day)...

 

Although it was not asked for I had most of the papers I would use in my court bundle with me so I knew I would be able to answer anything that came up.

 

The judge asked Miss Butler about how Barclays stood generally now on the whole bank charges issue and she said that the bank was looking at each case on an individual basis - she said that they had only received adequate particulars from a few people and that often claimants had not supplied enough specifics about the charges incurred (bank account numbers and detailed schedule of charges etc. She mentioned that there was an enormous backlog but said it was Barclays' intention to defend all of the cases and that they were seeking directions from the judge to trial...

 

The judge responded that was there any point giving directions to trial if the cases were going to collapse... it was better at this stage to give directions for further particulars to be supplied (information and documents), allow for the bank to respond to these first and if necessary then for Barclays to seek directions to trial.

 

The judge then moved onto looking at the individual cases - often Barclays stated they had not received details of the claims i.e. the schedule of charges, bank account numbers etc. Whilst I was present, most people responded that these details had in fact been supplied to Barclays - often attached to the back of the allocation questionnaire - the judge checked his copies and in the cases I witnessed was able to confirm receipt of these but Barclays still stated they hadn't received this... The judge said that really rather than just attach a schedule of charges to the back of the questionnaire, "the schedule of charges should be referred to in the narrative of the particulars of claim"

- note for anyone completing the form in the future!

 

We then got to my case and Barclays said they had received enough information including schedule of charges etc - (I should hope so - I've have sent them to Barclays enough times!!!) - they just had not got round to dealing with my case yet due to the large workload...

 

The judge asked me when I first sent my schedule of charges to Barclays - this was back in March - he said that Barclays had therefore had enough time and really should have been ready for my case today... seeing as Barclays were not ready, the judge then set a re-allocation hearing for the case for 30th August and asked Barclays and I to try to get a resolution before this new date. He also said he would reserve consideration for paying me expenses for attending court today until the next hearing date but I should now mention reclaiming these during my next negotiations with Barclays.

 

I've now today received an email from the Barclays Lit team saying "We are currently dealing with claims on a strict chronological basis, therefore until you have a final hearing date we will be unable to consider your claim. Please make contact once you have the final hearing date." - so have written back saying that given the judge's directions this morning I will await the next correspondence from the court and then contact them again re discussing settlement prior to 30th August hearing - which is not a final hearing date but still a court date and really want to settle this asap.

 

sooo - I'm relieved the hearing this morning is over and now am back to the waiting game...

[Firefly100]

So.. the judge adjourned my hearing to 30th August at 10.30.

 

Since then I have received a letter from Barclays which seems a pretty standard looking one basically explaining that due to the OFT case they have

 

"asked the Financial Services Authority "FSA" to suspend the normal timetable for dealing with bank charges complaints and the FSA has agreed to this request subject to conditions that protect your rights".

 

I am not sure whether there is a template which I can use to write back and say I intend to go to court on the 30th irrespective of the OFT case as my case has been going on since Feb and I want a timely resolution, Has anyone else received a similar letter? If so what did you respond with?

 

Thanks for all help and ideas!

[saintly_1]

The letter is just a generic letter that they have sent to everyone i wouldnt bother replying to it at all TBH