jingles2020 v Barclays

[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,

[welshcakes]

Draft order for directions &

Reason's why they should be ordered

[welshcakes]

"Any last minute advise anyone?"

 

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

[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.