Throwing Sevens v Barclays/Monument - Court Date next week and need urgent help!

[throwingsevens]

Hi Everyone,

 

Having done really well following the procedures with MBNA, Capital One and Lloyds I find myself in a situation with my claim against Barclays/Monument and I'm really hoping someone can lend me a hand.

 

I originally lodged the MCOL ppw in March time this year and to be honest after receiving the court date I forgot all about it until I came across the paperwork again on Friday and realised to my horror that the hearing is on 3rd July and I have booked to be away from 2nd July which threw me into a panic so I rang the court but didn't really have much joy as they said I wouldn't be able to change the date this close to the hearing. She did also seem to suggest that they hadn't filed anything else yet.

 

If that is the case then the only stuff they would have is my AQ questionaire with this as the Particulars of claim:

 

"1.The Claimant had an account 4**************** with the Defendant, opened 19/02/01 2.Since 11/01/02 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5.Claimant claims: (a) return of the amounts debited of £90.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £28.60 continuing at 8% until judgment or settlement at a daily rate of £0.026; 6.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court."

 

They decided to defend this and used this defence:

 

http://img.photobucket.com/albums/v2...fencePage1.jpg

http://img.photobucket.com/albums/v2...fencePage2.jpg

http://img.photobucket.com/albums/v2...fencePage3.jpg

 

The original letter I had with the hearing date is here:

 

http://img.photobucket.com/albums/v2...earingDate.jpg

 

and the allocation to the small claims track is here:

 

http://img.photobucket.com/albums/v2...imstr ack.jpg

 

On this one the Judge has said that they must provide a skeleton arguments and any authorities on which they intend to rely when filing their documents.

 

I have had nothing from either the court or Momument since these last 2 letters and so as I said earlier it slipped under the radar.

 

I realise its very late in the day now and that this is a lesson learned for me in terms of awareness and preparation but please could anyone take pity on me as I haven't got this far yet with any of my other claims.

 

I unfortunately cannot make the court date but I noticed on the bottom of the hearing date letter I can write to the court at least 7 days before the hearing to advise I do not intend to appear and the Judge will hear the case in my absence and take account of my statement of case.

 

Is there anything positive I can do at this late stage please?

[saintly_1]

I would contact the Litigation Team of Barclays http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html plenty of contact details on here ... give them your claim number and court date and ask who is dealing with your claim ..... i would suggest an email to Dino as he seems to respond

[throwingsevens]

Thanks very much for that. In terms of the court side of things; I have read through the general information on this site and at one point it says that once the date for the hearing is set the judge will write to both the claimant and the defendant with directions which should be followed.

 

The only directions I received was concerning the date of the hearing and the fact that the defendant was to submit a skeleton of their argument and anything they intended to rely on and I was not asked to supply anything further - is this normal?

[Trucker]

Have you already sent your court bundle?

 

Also you can write to the court and ask for the hearing to be postponed should you wish to attend. Personally i would prefer to attend. At least then you can argue your case

 

[throwingsevens]

Many thanks for the advice regarding the contacting the litigation team, I did just that and they have settled in full!!

[saintly_1]

CONGRATULATIONS

Please complete the survey ;-)

[Trucker]

Well Done!!!

[slick132]

Nice one Sevens and Conratulations

 

Slick