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Latham v Barclays & Courts


ALANLATHAM
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Can anybody help? I have some success with claiming bank charges for my daughter and her friends with Halifax, Capital One and HSBC but I am now taking on Barclays. We have requested the statements which I have received and have worked out the charges and interest. We have sent in the next letters two and three. We had an offer of less then half the amount claimed. I have issued a court summons through the small claims court. Barclays have entered their normal defence saying we have not provided details of charges, but they have made an offer. The court sent me this letter which said the following

The claimant not later than 16.00 hours on the 31 Sf May shall file at court and serve upon the solicitor for the defendant a statement endorsed with a statement of truth setting out with the particularity required to prove the claim at trial details of the amount claimed stating the day or if more than one, days upon which such liability accrued together with a calculation of interest thereon.

2) In default of compliance with paragraph 1 above by the claimant the claim shall be struck out as disclosing no reasonable grounds for bringing the claim, without further order.

3) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I have sent in the statement of truth and now received a letter from the court asking for a certificate of service which I believe is proof of dates of letters posted to Barclays. Has anybody been through this with the courts if so can you help?

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Ive sent a pm to a mod as this is something ive not come across

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Alan,in my first Barclays claim I too had this order made,although I was not asked to provide the Court with a statement of service.

Presumably you did send the defence their copy by recorded or special delivery ?

Get copies of the proofs of posting (and if possible the delivery status report from the Royal mail track and trace website ) or take the originals and ask the Court to take copies of them.

Did you not submit a draft order for the Court to consider ordering for their disclosure ?

Can I ask also which Court this is ?

 

Another thing Alan.....if your user name is also your real name then I would suggest you change it....The Banks actively monitor this site and you could invite them to glean an upper hand in this and other claims.

Let me know and I will sort it for you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin, when I sent in the Statement of truth we photo copied all the letters and passed them on to the courts and copies to Barclays at One Churchill Place as instructed to by the court. Unfortunately we only sent them first class as we had had no problems with the other Banks as they paid out before going to court. I was unaware that Barclays would suggest to the court that they had no details of the charges. We did not know about the draft order. The court is in the north west of Greater Manchester area. As you suggest I need to change my name but how can I do that? It’s not the name of the friend whose claim it is

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I think you need to ask a mod to change your name .... send a pm to martin with a new user name im sure he can do it for you

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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