jingles2020 v Barclays

[jingles2020]

Hi,

I thought it was about time i contributed. My wife and I were recently notified of the defence submitted by Barclays at MCOL and we were told via their site that we would be informed which court it had been allocated to etc etc - This was a week and 3 days ago and we're still waiting to recieve the allocation questionairre and other paperwork and also to be told where our claim had been allocated to.

question:

- should we be starting to get worried that we haven't recieved the allocation paperwork yet (i have emailed the MCOL help line with no response yet - should i phone instead).

 

- What is the average length of time from the first issue of claim at MCOL to settlement (just to give us an idea at what to expect).

 

Everything seemed straight forward when we started, but our nerves are starting to show - we're reclaiming just under £4,000 ( with the interest it may even exceed this) by getting this back we can clear our credit card bill saving us nearly £150 a month in interest etc, this may not seem a lot but its a fortune to us. Any info or encouragement would be welcome

 

Jon & Jackie

[MARTIN3030]

Welcome to the site.

After 3 weeks you should be hearing something soon.

Many local Courts are beginning to dispense with the AQ in favour of bulk hearings in the small claims if it is seen that yours is likely to be going there which it more than likely will.

Remember to observe any court directions and make sure you respond in the allocated time.

Start a thread in your bank group and keep us updated.

[MARTIN3030]

Done for you.

[saintly_1]

Hi and welcome to Barclays

[jingles2020]

HI everyone,

 

just another update with us Vs Them

heard from MCOL on 25th June saying that our claim had been transferred to Hx CC and today we recieved the court papers from HXCC.

The allocation Questionairre has been dispensed with (no fee) and allocated by Judge Slim to the small claims trac (hearing) due on the 31st Aug - so 6 weeks wait., this leaves 4 weeks to prepare '2 copies of all the documents'

QUESTION;

[jingles2020]

opps pressed something i shouldn't have, to resume

 

QUESTION: do i now have to prepare a 'court pack' that everyone mentions or just the statements appertaining to the charges and are these the same one as in the templates (with the minor adjustments)

 

Do i need a copy of the original contract? and if i do where do i get a copy from.

 

a couple of other threads have 'suggested' that the banks won't want to go to the hearing or even to court, so should i wait for a further offer from them or use the escuse of "where do you want your copy of the papers posted to" to contact the litigation dept to discuss over the phone

 

many thanks

[Trucker]

Morning Jingles

 

Have you been asked to submit all documents / evidence that you will rely on? If yes then you need to prepare a court pack x 3. 1 for you 1 for court and 1 for B's. See below link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

A copt of your T&C's would be very handy. Which year are you looking for?

 

Also contact the B's litigation Team and let them know you have a court date. I am sure they will want to settle, but you will need to join the queue. They are settling about three weeks before court. See below link for all contact details

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[jingles2020]

Good Morning Trucker,

i've been with Barclays since Sept 1990 and i can not actually rememeber ever having a copy - i rememeber signing as this was one of the first things my wife and i made 'joint' - we even have some of the original paperwork but no T+C / Contract so if it's needed i would be grateful for a copy -

I have to admit at this point i'm doing something with bricks and its not building with them - do you think they will go to court, as the only other time i've been to court was for a speeding fine

[Trucker]

I doubt very much they will go to court. Like i say contact B's litigation team. I have not seen any T&C's for 1990 knocking about the site.

[jingles2020]

Hi Trucker,

just going through the 'basic court bundle' from the link you gave,

i think it may be chearper to buy a photocopier than pay p a sheet at the library - at a rough guess with the statements to copy there's over 150 pages - i think Judge Slim at HX court is going to love me.

 

i've also seen in the templates library the claim for additional costs if they 'pull out' befor the hearing - have you heard of any news about this - ie how do you work out your costs is it:

your time

telephone costs

postage

- if so is 'your time' based on your hourly wage/salary or do you use the govt's average wage as a guide (i know which i'd prefer )

[Trucker]

Im not too clued up on wasted costs claims but this link may help.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94734-wasted-costs-beginning.html

[jingles2020]

Hi trucker - there is a claim form in the library / templates for claiming wasted costs if the bank 'pulls out' before the court date or fails to turn up however i need peoples help again with 2 other things

1 - my case was allocated by the courts not by a questionairre, the date its due on (31st August) i will be on holidays which were booked + paid for back in January.

The question is as long as i notify the courts 7 days before the date is due can the case still be heard without me being there OR should i request the date be vacated and pay the fee to have a new date.

 

2) what is the best number to contact the litigation dept - i have the tele number from the defence they submitted, but can only get voice mail and no other response - i have sent the required 1 copy of my court bundle to them (thanks for that info trucker) - -Should i continue to try to call them to see if they wish to settle (not sure if this seems to be desperate or not) or wait and see if there is a response from them getting the court bundle - i did enclose a cover letter saying if they wish to discuss please call me . . . blah blah

 

if no response then its court on 31st August at 2.00pm

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html contact details on here

[jingles2020]

my case was allocated by the courts not by a questionairre, the date its due on (31st August) i will be on holidays which were booked + paid for back in January.

The question is as long as i notify the courts 7 days before the date is due can the case still be heard without me being there OR should i request the date be vacated and pay the fee to have a new date.

Also what should i put in a letter if i wantr the case to be heard in my absence?

[welshcakes]

Dear Sir/Madam,

 

xxxxxx v BARCLAYS BANK PLC

In the xxxxxxxxxxxx COUNTY COURT

CLAIM No:*******

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary/Directions hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [GIVE YOUR REASON HERE]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully,

[jingles2020]

Hi thanks welshcakes,

just a question about the letter - what is the "attached draft order" your letter referes to -

"If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order."

also your template letter appears to be aimed at allocating the case to the small claims track

" Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour."

the case has already been allocated by the courts to small claims, it is this hearing i cannot attend - what do i need to send the court becasue i cannot attend thie small claims hearing

[welshcakes]

Draft order for directions &

Reason's why they should be ordered

[jingles2020]

court bundle sent to Barclays 26 July (rec delivery)- court copy will be handed tomorrow - 1st Aug - court date set for 31st August

 

Are still Barclays still offering to settle out of court and anyone any idea's as to timings? - have tried to contact litigation team - can only get voice mail.

I'm trying to hold off sending in a letter of date vacation to the court as i'm on hols from 25th Aug (also in light of OFT case as i don't know how this will affect my claim)

[jingles2020]

Just to keep up with timings

 

Barclays copy of court bundle sent via recorded delivery- royal mail's tracker says it was recieved at barclays & signed for on July 30th - the Courts copy was hand delivered July 31sr - so all directions for the claim have been fulfilled up to date.

 

I've tried to make contact with the litigation team with no luck - only voice mail, no reply to emails, so i assume with the OFT's test case now going through Barclays are keeping quiet

UNLESS anyone knows different?

 

31st August is the next known step - court date

Any last minute advise anyone?

[welshcakes]

"Any last minute advise anyone?"

 

Stop running up your phone bill listening to Barclay's answerphone

[jingles2020]

"Any last minute advise anyone?"

 

Stop running up your phone bill listening to Barclay's answerphone

 

beat you too it - if nothing in writing then nothing communicated

[dar£n]

Barclays Litigation have been ordered not to negotiate settlements until the outcome of the hearing....

 

You can still contact them regarding your claim but not to settle....so i guess theres no point cos theres only ONE reason we would want to contact them right?

[jingles2020]

"Any last minute advise anyone?"

 

Stop running up your phone bill listening to Barclay's answerphone

 

i would rather have a reply from someone with a little bit more common sense, attempted 'humour' such as your is badly placed welshcakes - little smiley faces are rather ignorant when asking for advise on such a sensitive issue. If this is an example of your advice, please place it elsewhere like the website for VIZ

[tezl]

i would rather have a reply from someone with a little bit more common sense, attempted 'humour' such as your is badly placed welshcakes - little smiley faces are rather ignorant when asking for advise on such a sensitive issue. If this is an example of your advice, please place it elsewhere like the website for VIZ

hi,look understand how your feeling mate theres a hell of alot of us in the same boat as you ,feeling well and truely shafted by whats happening,including site helpers who still give time to help others while thinking about their own cases.were just going to have to wait for outcome.its not going to help venting anger on site at others.tez.

[welshcakes]

Dear Jingles

 

I'm sorry of you felt the advice was without common sense and insensitive.

 

It was sincerely meant as a legitimate piece of advice, not toungue in cheek; I put smiles at the end of lots of my posts as an expression of my support, bit like a virtual hug.

 

Many people spend what accumulates into hours ringing BLT and are ultimately left with a noticeable hike to their phone bill just to add to the frustration of either no answer or as many find, being given false reassurances and empty promises by the staff manning the phones.

 

I shall of course respect your wishes and make this my last response.