SamaraSea v Barclays x 3 FINALLY!!!

[SamaraSea]

Thanks Blossomandebony,

 

Appreciate your advice.

 

I know I am probably thinking too much into it but am trying to get everything ready and planning ahead just in case eap as I will be out of commission for a wee while straight after the op and I am just not that lucky!!!

 

I have recently filed claims with Barclaycard, Amex (they are settling ) and Crap One too, so it is good to hear. Just nee to win the lottery now!!

 

Your post is reassuring though thank you.

 

Will keep you posted

 

Sam

[welshcakes]

Hi Sam

 

Re location of Trial

TICK YES

State that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

Furthermore you point out that you are disabled and will be recovering from major spinal surgery. [Name of your elected court] provides the only practical option in terms of travelling and parking suitable for your physical requirements.

They don't normally switch courts because it means extra paperwork etc and they would have to have a very good reason that overrides your physical needs - and that would be totally un-PC of them because then you could make a complaint on disability discrimination!

 

RE - What amount of the claim is in dispute

 

Stick in the figure you cited on POCs. The court will automatically presume that the 8% Statutory Interest is accumulative.

 

Re - Trial or final hearing

 

 

I know where you're going with this one, you're thinking if you tell them you aren't available for til late Autumn, the judge might be inclined to slap a Stay on it as it will then be only a few more months wait til the OFT Test is in full swing.

 

Not sure really but I would be inclined to just quote your operation date + 1 week after. At least then you get the soonest available date possible and with the Draft Directions, when the bank don't comply with their part (disclosure), you can go for Strike Out and perhaps never have to attend the hearing anyway.

 

With all you meds etc and having dopey moments, it would be any easy oversight to make

[SamaraSea]

Laughing, having many dopey moments at the moment!!!

 

Thanks Welshcakes, for your advice and clarifying things, much appreciated.

 

I will fill the AQ in accordingly and get it back to the court et al today.

 

Just want the darn thing out of the way and can then see what happens next.

 

Sam

[slick132]

Samsara, I'm with Welshcakes.

 

Give yourself a sensible recuperation after op (based on DR's advice) and then, if you can make it to Court, do so.

 

Unfortunately, things have changed since Blossomandebony was able to call B's and get early Settlement. If you do that now, The Lit'n Team would just laugh - it's all changed post OFT.

 

Keep us posted, Slick

[SamaraSea]

Thanks Slick,

 

I agree with u & Welshcakes,

 

I am also going into this with my eyes wide open and expecting it to go all the way.

 

Thanks for the advice

 

Sam:razz:

[SamaraSea]

Hi all,

 

Just finished my AQ, but was checking through other threads and came across the AQ strike out application which also incorporates the new strategy.

 

Is it worth me using this or just stick with the New Strategy for AQ's alone?

 

Not sure if there are too many pro's and or cons?

 

My AQ is due back on the 7th Sept (going to pop it in earlier tho) but would like to get it right and go in with the best strategy.

 

Ta Sam

[tonycee]

Hello you.

Thanx for comment.

If hope was luck, this time next year we would be millionaires Rodney.

[slick132]

Samsara,

 

Did you get that AQ with Stay avoidance from GaryH's post in March.

 

Just my opinion but things have moved on and it's more likely for a Stay to be imposed now than back in March. I would d/w the question of the Stay separately when/if a Stay is applied.

 

Better bods than me might say otherwise, though.

 

I'll watch and learn, Slick

[SamaraSea]

Hi Slick,

 

Yes it was the one GaryH wrote re AQ with strike out application.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html

 

Just wanted to get advice before I went ahead with putting the new strategy for AQ in, which I am more than happy with.

 

Ill watch and learn too

 

Sam

[slick132]

Samsara,

 

We got our wires crossed last night - I was on about stays and you were looking at the Strike out strategy set up by GaryH - sorry.

 

That AQ strategy in your last post is fine.

 

Today I saw Dar£n advise user IM4347 to include another few paras with the AQ here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/101137-im4347-barclays-2.html

 

Slick

[SamaraSea]

Thanks Slick and no worries.

 

I will have a look at the one Dar£n advised, with a few new paragraphs.

 

Ideally I want to get it dent in early next week as closing date is the 7th Sept, but I also want to make sure I have the right one, inc any new text too.

 

Thanks again and will see if there is any other advice forthcoming.

 

Sam

[SamaraSea]

Any thoughts as to whether I should add the text below from im4347 Vs Barclays or should I add the actual application for the removal of a stay based on the fact that they will apply for one? Could work either way I know which is why I am thinking t is better to use the text below.

 

"The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside."

 

Many thanks

 

Sam

[SamaraSea]

Sorry forgot to ask as to whether I should add this to my text in Section H (AQ150) or seperately and just list it with the other attachments?

 

Thanks

 

Sam

[SamaraSea]

Hi,

 

Can anyone tell me where to find the Mullen v Hackney BC (1997) 2 A11ER 906 pdf so I can attach it to my AQ as per GaryH Thread 9AQ Strike out Application? http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html

 

Many thanks

 

Sam:p

[SamaraSea]

Bump

[saintly_1]

Its found here http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html

[SamaraSea]

Thanks Saintly,

 

Thats the link I had but when I click on the link it opens the new page but then displays the following message in a box:

 

Invalid Attachment specified. If you followed a valid link, please notify the administrator

Many thanks

 

Sam

[Adamat47]

Samara link worked OK for me....hope this helps

 

 

AQ Strike out application

In view of the recent 'abuse' strike outs involving Barclay's, it might be a good idea to keep the heat on and request a strike out on your AQ. You could use something like the following - which primarily requests that the defence is struck out as an abuse of process or alternatively that a disclosure order is made as per the draft directions.

 

If you want to give it a go, set out section G as below, then attach it to the AQ along with the attachments as indicated. The attachments are linked below.

 

 

Quote:

You -v- Barclay's Plc

In the ****** County Court

Claim No: *******

 

 

 

N149 ALLOCATION QUESTIONNAIRE

 

 

Section G – Other Information

 

The Claimant respectfully requests that an order may be made as follows;

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

Since May 2006, I am aware of over 300 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 10 cases similar to my own involving various high street banks, including the Defendant in the present case. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

 

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A).

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as small claims track cases in Leicester, Derby, Chesterfield, and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe that the outstanding issues are are of fact. Accordingly, I respectfully request that this claim is allocated to the small claims track, and would estimate that the hearing of the claim should last no longer than one hour.

 

Attachment 1B;

Settled claims

Attachment 1C;

Lincoln 'abuse' order

Attachment 1D;

Hackney -v- Mullen - See PDF attachment below

Attachment 2A;

Draft order for directions

 

In the actual section G box, you should put this;

 

Quote:

Please find the following documents attached to this allocation questionnaire;

 

1A) Section G - other information

1B) List of settled cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- Hackney BC (1997)2 A11ER 906

2A) Draft Order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**

*** If you use this, PLEASE post the response - if you get a strike out we want to know about it!!! PM me or post on this thread.

***

 

Be aware that if the draft directions as per point 2 (attach. 2A) are ordered by the court, you will need to provide - a) schedule of charges, b) your statements, c) a statement of evidence and d) cases and statutes. Everything you need can be found in or linked from this thread -

 

Draft Order for Allocation Questionnaires

 

 

Attached Fileshackneyvmullenpdf.pdf (86.8 KB, 37 views)

 

 

Then, when they settle your claim, be sure to submit a request for wasted costs!!! -

 

Wasted Costs order

__________________

Please remember to DONATE! Help CAG keep up the fight!

 

------------------------------------------------

VERY IMPORTANT!!! ALL

T&C'S NEEDED URGENTLY:

 

send to - evidence@consumeractiongr oup.co.uk

------------------------------------------------

 

Any advice or opinion is offered informally, without prejudice & without liability. It is not based on any form of legal training. Use your own judgment, and if in doubt seek advice of a qualified insured professional.

 

Last edited by GaryH : 10th June 2007 at 17:23.

[SamaraSea]

Thanks Adam,

 

I can access the page but not the Mullen -v- Hackney BC (1997)2 A11ER 906 attachment which is a pdf file hackneyvmullenpdf.pdf . When you click on the link it comes up with an invalid message and that you have to contact the administrator.

 

Have everything just need the above pdf. If anyone by chase has a copy, could you pm me. Thanks

 

Sam

 

Have contacted the administrator to see if they can help

[saintly_1]

hmmm ive just tried the link to the pdf and got the same message .... will try and find out about it for you

[SamaraSea]

Anyone have any thought re post #87?

[saintly_1]

IMO you cant ask for the removal of a stay before its actually happened .... so it would be better to add the text rather than the application

[saintly_1]

link should be working now samara

[SamaraSea]

Thanks Saintly,

 

Very much appreciated

 

Sam

[SamaraSea]

Hi all,

Well my AQ went in on time on he 7th September and I am just waiting to hear back from the Court as to what I will be required to submit.

I am just getting everything ready in antisipation of sending in docs as per the draft directions and am unsure as to which court bundle to use. By that I mean the basic or advanced court bundles.

I have all the correspondance, SOC's, statements, statements of evidence & the basic court bundle ready, but would like to know which court bundle is the best to use currently so that I have all the docs stored on my laptop ready for printing/sending once I return home after having my back surgery on the weekend.

I have downloaded the Advanced court bundle and have that ready also but would like to be able to be clear as to which one is the best to use.

I know that I maybe requested to send in something else but at this stage I would rather have everything done ready.

Many thanks

Sam