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WarHorse v Barclaycard


WarHorse
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Well done on your success. I am in a bit of a panic, I have been abroad for 4 months and have only recently returned. I have until next Wednesday to get my court bundle in. I am struggling to understand what to put in my statement of evidence, is there any guide for drawing this up? I see that you (WarHorse) have extensive list of evidence but I do not know if it is all relevant to my case. I need to get my head around it pretty sharpish! Also has anyone got any terms and conditions from 2001-2005, I have phoned up Barclaycard and they said they will send them out but I wait with baited breath. If anyone can help I will be a verry happy man...

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Thx much. First of all dont panic (easy 2 say & soooo hard 2 do!). GaryH (moderator) has put 2gether 2 statements of evidence - go to his thread, fabulous info there. I looked at both & then 'cobbled' 2gether mine from that. Feel free to use nething from mine after all I garnered it from GaryH. I will say that I also found this the most difficult bit, but TBH most of what you need is there already. With bit of luck no DJ will even be reading your Stat of Evidence, let alone the Defendant. My index is not the same as GaryH's - i didnt put in the Scots law statement (no offence to GaryH) but its different jurisdiction & i attached the Australian reports to my statement rather than putting 'em in the bundle, so the DJ can see all the cases relating to England & Wales first. Use dividers between the sections (r just pages with a post it note at the side saying what section it is) that way ne1 can go quickly to the relevant section. Nothing (in my experience at Court) annoys a judge more than having to hunt around for the info; they want it quick. Number each section individually, that way if you want to add further docs you will only have to re-number the particular section that you are adding 'em to, rather than have to re-number every single page! Write a brief covering ltr to the Court when you 'file & serve' your docs - along the lines that you have been out of the UK only recently returned, time constraints, etc. to file & serve your docs, but & this is the most important bit, you mean the court no disrespect by filing & serving your docs late - never take liberties with Court Directions orders, but you will smooth your path a little btr by doing this. You will be OK just get your docs in ASAP. Even if they turn up @ Hrg with their docs they wont be allowed to rely on 'em. But it probably wont even get to Court. Feel free to PM me if I can help further -sori if i sound as if I am preaching! Hope this helps.

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Hi guys im like everyone else am a bit confused with yest announcement. Iv got 3 cases in coming up in county court and two have just been passed over to the bailiff. Should i still pursue my cases and what will happen to the money owed before yesturdays news??? :confused: :confused: :confused: i spoke to the courts and they said as far as they know its business as usual.:confused:

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Kashfat try this : I hope I have got if right - technology (dont even go there!) linkhttp://www.consumeractiongroup.co.uk/forum/natwest-bank/107585-oft-test-case-what.html

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Warhorse, many thanks for all this info ... xxx

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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well done warhorse...might plagiarise some of your work when the time comes if that's ok?

 

cheers

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Rec'd Dino's let & they offered me the refund of the charges & CI & their let stated "statutory int & court costs" for which they added a further £34 approx! My thx to PJDavies2000 4 input on costs, but I accepted the offer as I would have settled for what I had originally put in the MCOL NEway. I looked on the prep 4 the bundle as a practice run for other claims (& more importantly, I wasnt in contempt of a court order). I wasnt working when I collated the bundle so no loss of earnings there. They have put a confidentiality clause in their settlement letter. I have noticed that some folks cross this out - should I do the same? I faxed lett to court asking for a 7 day adjournment as parties discussing settlement. 2 late 4 adjournment but let will go on court file & be put B4 DJ on 6/7. Court said "Defendants are always doing this!" I wasnt able to get to the fax @ work so I emailed Dino 2 let him know & 2 confirm acceptance of settlement terms. He emailed me back & said not to worry about the Hearing - they would be represented at Court NEway! If I can I must tel the Court on Monday 6/7 to find out if they submitted their bundle. I cant see the reasoning of them actually being represented at the Hrg, but not complying with the Court directions! Surely, they must know they are on a hiding to nothing!! More than just a possibility that their defence would be struck out!!! Or is this just their way of keeping up the pressure on Claimants? Who knows what is going on in their corporate minds! Am having a secret smirk 'cos I got dosh back, but it must have cost 'em thousands of ££££sss. I know how easy it is to rack up legal costs 'cos i work in solicitors office. Smiling, all day.

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:cool: Rec’d let from B.card offering 2 settle. Let stated they were adding ‘statutory interest and any court costs'. Claimed for charges & CI but they offered a further £34 approx! Faxed let to court requesting 7 day adjournment. My thx to PJDavies2000 for his good advices. Unable to grant adjournment as 2 late but let would be placed on court file to be seen by DJ on 6/7. Court said ‘Defendants are always doing this’. Know could have argued for costs for prep 4 bundle, TBH looked at it as practice run for other claims. I wasn’t working when I prepared bundle, so no loss of earnings there. Would have settled for charges & CI as per MCOL NEway. Let has confidentality clause - do I cross it out? Saw in other posts references to it being crossed out. Emailed Dino 2 let him know re Hrg/adjournment & acceptance of settlement proposals & rec’d response that they would be represented at the Hrg. Didn’t ask court if they had submitted their bundle. If they are going to Hrg without complying with directions, they must know high possibility their defence will be struck out! Must have cost ‘em thousands £££’s in legal fees. Work 4 solicitors so know how fees can mount up!!! Smiling. :) :)
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Well done!

 

Cross through the confidentiality clause and initial it, that's all you need to do! Dino is the first to admit it's a waste of time!

 

If the money isn't EXACTLY right on the letter, then cross that through, add the right amount and initial it.

 

Sign and date the bottom, and fax back - state that unless the money has cleared to you, then you will be going to court (is that something you are able to do on Monday???) and will be asking the judge to issue an order for the money to be returned.

 

Hope that helps!

 

Try ringing them today - you never know, they may be in with all the extra work they've been doing! If they start getting funny, tell them you know that they can have funds transfered immediately!

 

The solicitor is prob going t the court for other cases anyway - prob trying to get bank cases stayed, but if you can be there I would!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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well done warhorse...might plagiarise some of your work when the time comes if that's ok?

 

cheers

 

You are most welcome, NEthing you want you can have with greatest of pleasure. If I k help, just ask.

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Well done!

 

Cross through the confidentiality clause and initial it, that's all you need to do! Dino is the first to admit it's a waste of time!

 

If the money isn't EXACTLY right on the letter, then cross that through, add the right amount and initial it.

 

Sign and date the bottom, and fax back - state that unless the money has cleared to you, then you will be going to court (is that something you are able to do on Monday???) and will be asking the judge to issue an order for the money to be returned.

 

Hope that helps!

 

Try ringing them today - you never know, they may be in with all the extra work they've been doing! If they start getting funny, tell them you know that they can have funds transfered immediately!

 

The solicitor is prob going t the court for other cases anyway - prob trying to get bank cases stayed, but if you can be there I would!

 

Peter

 

Thx much! That is a great help. Will do this ASAP!

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  • 1 month later...

Hi Folks

 

My thanks 2 pjdavies2000 once again for all his gd advices. Guess what? Bcard didnt pay up despite me returning acceptance lts by email & Recorded Delivery & agreeing terms of settlement on 14 August. Phone calls (could only leave VM msgs) & emails 2 Dino were not even acknowledged! Finally, shot across the bow! Sent 'em a ltr setting out the facts and told 'em that I would contact the Court to request a new date be set down 4 the hearing within the next 48 hrs. As I had chased up settlement in open correspondence I reserved the right to add such correspondence to my 'trial bundle' and place it B4 the Court. My moby started ringing immediately & it was a chap from B.card who stated empathically that the email address I had been emailing wasnt scrutinised on a daily basis - (however, they may have had some programme which checked the in box & 'caught' certain words!). He stated that the payment had been made between 14-17 Aug, but i had been checking my a/c & nothing had been paid into it. Said I would check again @ lunchtime & let him know. Checked @ lunchtime & surprise, surprise, no payment from 'em. Said I would scan & email my a/c print-out to 'em 2nite. Told 'em I want another 27 days interest 2 boot!

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