novice computer user v barclays.*WON DEFENCE THOWN OUT*

[tezl]

still there saint,do you think its worth waiting for court directions in my case or is it a gamble.ta.

[tezl]

right, do you print this n244 off yourself and use?

then fill in as per michael brownes post here?

use pocs from abbey v me@ defence?

give it to court and bobs your uncle?tez

[Trucker]

Wow Tez

 

Looks like you have had a busy day. Was it a post i made on another thread re POC's that you spotted?

[Trucker]

right, do you print this n244 off yourself and use?

then fill in as per michael brownes post here?

use pocs from abbey v me@ defence?

give it to court and bobs your uncle?tez

 

Having not been in this situation i can only offer limited advice

 

You can fill in the N244 form on the PDF sheet but are not able to save it, so print off at least 3 copies. Yes use as MB's post

Then i presume a new N1 form with the new POC's, again print off at least 3 copies. The Abbey ones look great, obviously ammend to suit your own case.

give it to court and bobs your uncle.

 

Hope this now puts your mind at ease. I know it will have cost you an extra £35 but its best to get it right.

 

Please correct me if any info is wrong

[tezl]

Wow Tez

 

Looks like you have had a busy day. Was it a post i made on another thread re POC's that you spotted?

it was matmondes p o c amendment..thread. noticed we were given same defence and had used wrong template letter,evidently.

[tezl]

Having not been in this situation i can only offer limited advice

 

You can fill in the N244 form on the PDF sheet but are not able to save it, so print off at least 3 copies. Yes use as MB's post

Then i presume a new N1 form with the new POC's, again print off at least 3 copies. The Abbey ones look great, obviously ammend to suit your own case.

give it to court and bobs your uncle.

 

Hope this now puts your mind at ease. I know it will have cost you an extra £35 but its best to get it right.

 

Please correct me if any info is wrong

believe me trucker its not the 35 quid i would pay 10 times that to get this sorted.thanks.

[dar£n]

Okay, ive had a read of your thread, it seems you are concerned about your POC's right?

 

You will need to post on here, what you used as your POC's so we can get this sorted once and for all.

 

and then what Barclays are using against you in relation to the POC's

 

But as I said in an earlier posting, I think you will need to send in the FULL POC's [templated from this site] AND your updated SOC's. sorry Jill

 

I might regret asking this but.......how far have you got in preparing your bundle.?

[dar£n]

You can fill in the N244 form on the PDF sheet but are not able to save it,

I did...I used 'Traction Screen Grab' - useful little tool which allows you to capture any image on your screen, paste it into 'Paint' and then save it.

[tezl]

1 between xxxxx and xxxxxx the defendent debited numerous charges from the claimants account.

2 the charges are an unfair penalty under the unfair terms in consumer contracts regulations 1999, because they are a disproportionatey high sum in compensation compared to the cost of the purported breach.

3 under the law of penalties, the charges are an unlawful,. exstravigant penalty

4 under the county courts act,the claimant is entitled to interest of 8 percent per anum from the date they were deprived of the money. this totals, xxxxxxxxpounds accruing at the daily rate of 0.021 percent until judgement or payment.

5 the claiment asks the court to enter judgement in their favour for total charges plus interest.totalling...total.

how does this meet with the consumerwiki amending a claim statement.?

dose this state the statutory and common law basis of claim?ta.

hi darren,this was my pocs taken from martins site.

[tezl]

1[]the particulars of claim do not provide details or particulars of the account in question and or the precise charges alledged to be unlawful, or the dates thereof .to the exstentit is alledged the claimant incurred bank charges on the claimants account for unauthorised borrowings ..whether unpaid fees for returned cheques, paid referrals fees or any other such fees..,the defendent puts the claimant to strict proof of each charge and the date thereof.

2 the pocs are summary in nature.accordingly ,this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

the rest is usual stuff.

[tezl]

darren get your head down.dont blame jill she got bum imfo from me.tez.

[dar£n]

the defendent debited numerous charges from the claimants account.

 

This is it.. You should have entered the amount that was taken from account/ No. xxxxxxxxxx.

 

and

xxxxxxxx pounds accruing at the daily rate of 0.021 percent until judgement or payment.

Should have read....0.00021 and also ...or an amount the judge deems correct.

strict proof of each charge and the date

= SOC's and then statements showing the charges to be included in bundle.

[tezl]

This is it.. You should have entered the amount that was taken from account/ No. xxxxxxxxxx.

 

and

Should have read....0.00021 and also ...or an amount the judge deems correct.

= SOC's and then statements showing the charges to be included in bundle.

cheers, just shows that template letter should be binned.done in good faith i know,but how many other sheep out there?course of action ?tez.

[tezl]

phoned court today have chat about amending pocs,friendly man said write letter say what your amending and why, and the judge will have a look.he asked what prob was, i said it was partly due to mcol not having enough space on forms,he said make sure you put that in as part excuse. also imformation missing. he more or less said the courts are not that happy with mcol process.i then said are you sure letter would be ok because i had been advised to use n244@n1 forms,he back tracked a bit and said they would be better.

[moggieb]

well done tez, looks like you're back on track. See,"everything comes out in the wash". Good luck.

[Trucker]

i then said are you sure letter would be ok because i had been advised to use n244@n1 forms,he back tracked a bit and said they would be better.

 

must be on commision

[tezl]

hi trucker,said it before say it again should be warning sign about using the other site to warn people off using templates lot more of these defences trickling through?tez.

[nickyc]

Hi tez, i've been reading your post for a while and was worried to read you thought it had all gone wrong! I started my process on the other site too, but am very glad I've found this one. You're getting some great advice, so just keep going. I've every confidence you'll get there in the end. In the meantime you're providing inspiration to people like me who are much further behind.

Good luck

 

nickyc

[tezl]

Hi tez, i've been reading your post for a while and was worried to read you thought it had all gone wrong! I started my process on the other site too, but am very glad I've found this one. You're getting some great advice, so just keep going. I've every confidence you'll get there in the end. In the meantime you're providing inspiration to people like me who are much further behind.

Good luck

 

nickyc

bldy hell,thanks,but i feel its the site helpers and others who do that,all i do is try to get them, in the nicest way, to answer in the most simplistic way poss for me to understand,hard work for them. if my mistakes help others good.wish i had found this site earlier.now for the start of some questions.get the bacardi out.

do i need to fill out both n1 and n244 to amend claim.ta.

[saintly_1]

get the bacardi out.

was that for me

[JILLYFLOWER]

Oh dear

 

Have just been reading your thread and llike you have struggled around the site asking all manner of oh so simplistic questions !!! Now worried about my mcol claim (having read your thread) as I'm sure I didnt put all those details in. Barclys put in defence - court bundle due next week (nearly done) - would this have been questioned by now if not correct? But within Barclays defence it says 'Defendent resp requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim.

Also says 'does not comply with CPR r16.2

 

Sorry , should prob be asking all this on my own thread (wherever that is)but somehow found myself here and cant be asked to find my way any further. Up to my NECK in court bundle. Please let this be OK!!!

[tezl]

was that for me

who else, to early for anyone else,want my answers before you spill it over computer.lol

[saintly_1]

Oh dear

 

Have just been reading your thread and llike you have struggled around the site asking all manner of oh so simplistic questions !!! Now worried about my mcol claim (having read your thread) as I'm sure I didnt put all those details in. Barclys put in defence - court bundle due next week (nearly done) - would this have been questioned by now if not correct? But within Barclays defence it says 'Defendent resp requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim.

Also says 'does not comply with CPR r16.2

 

Sorry , should prob be asking all this on my own thread (wherever that is)but somehow found myself here and cant be asked to find my way any further. Up to my NECK in court bundle. Please let this be OK!!!

If the judge hasnt deemed the PoC's insufficient then you should be ok i will locate your thread and give it a bump to the top so you can find it

[saintly_1]

who else, to early for anyone else,want my answers before you spill it over computer.lol

pffffffffffffft lol

 

Ive not started just yet ...... tho will be very soon now that you have drawn my attention to it ;-)

[tezl]

ay up, martin lewis on itv