austen v woolwich

[rascal]

any updates on this one? - Im just waiting for Woolwich/barclays to submit a defence wanted to know how much longer I may have to wait?

[austenpowers]

Just back from holidays, nothing to report apart from an offer of £995 from Barclays/Woolwich. Now let me think about it....errrrm..... thanks... but no thanks. Will let you know if I receive a defence, they have until Wednesday.

[austenpowers]

Quick question, the 28 days allowed for their defence, does it start from the date the claim was served? It has been suggested to me the 28 days begin from the date of acknowldegement, but I'm sure it is a total of 28 days from the date it is served. And is the cut off time midnight of the 28th day, or close of business that day? Just want to know when I can really start believing that I might just be able to file for judgement.

[austenpowers]

Ok then, it is definitely 28 days from the date the claim was served. Still no sign of any defence from Barclays so I have filed for judgment by default on Moneyclaim. It's all been accepted and awaiting processing. I have asked for immediate payment, surely it can't be this easy? Do they have to pay up now, or is there some way they can worm their way out if it and delay things a bit longer?

 

Any pointers greatly appreciated

[closey]

I've just done the same. Check the MCOL site tomorrow and if the judgement is showing as started (if not check the following day - it doesn't take long to show up) then you can issue a warrant for immediate payment. This costs £55 but gets added to your claim amount.

 

You can then also specifiy instructions, such as 'pay me by cheque, not into my bank account'.

[austenpowers]

Ok will check tomorrow. So there's no way out of it for Woolwich/Barclays now? They can hardly say they didn't receive the claim as they have acknowledged it. I was expecting much more of battle than this, I can't quite bring myself to believe it is true and it is nearly all done.

[closey]

Yep, it really is pat on the back time. They have had the 28 days to submit their defence and have failed to do so. Well done.

[austenpowers]

I've just gone onto moneyclaim again (couldn't help it) and now the status now says Defence 28/7/06 (the date the claim was issued?) and my claim cannot continue online. I'm confused and how could this be, they missed their deadline of yesterday? I just knew it was too good to be true...

[closey]

Oh no. MCOL doesn't always work on real time. So you'll have to wait for the AQ now. It's annoying, but you are moving towards the final stages.

[austenpowers]

My request for judgment by default has been rejected. Looks like I have to continue with the charade and carry on the fight. I await receipt of Barclays defence and will post it on here when it arrives. At least I have the satisfaction of knowing I wouldn't be able to get 8% on my money if it was in the bank!

[moonie]

They did the same to me and filed their defence right at the last moment.

 

Darn annoying isn't it!

[austenpowers]

Received the defence yesterday, seems pretty standard and similar to others I've seen on here. Case has been transferred to Bromly court and I have until 19th Sept to complete the AQ. So I need to do some reading up as I'm not too clued up on the next stage.

 

One other point, the defence is timed and dated 14.12 on 30th August yet it did not appear on MCOL until some time in the morning on 31st August so just to warn people who are approaching their deadlines to receive a defence MCOL does not necessarily work on real time.

[austenpowers]

Can anyone assist with completing Section G of the AQ? I've read through the guide on the template but it does not really specify what you should actually write. I've tried searching the forum but only had limited success as the site is now getting so big! I found this on Essjaysea's thread (hope you don't mind) and was wondering if this is the right sort of thing? (I'm not doubting you Essjaysea but I just want to make sure!) -

 

G: Other Information:

 

The fundamental issue in this case is simply whether the charges imposed and deducted by the Defendant in respect of the Claimant’s contractual breaches, exceed their actual costs incurred. In the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915]the court held that charges for contractual breaches must be a genuine pre-estimate of actual or liquidated loss incurred as a result of a breach of contract.

 

Additionally, the charges represent an unfair term of the contract, which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999(SI.1999/2083). As a consumer, the Claimant’s account falls within the ambit of Regulation 5 under the regulations and the charges constitute an unfair penalty Para 1 (e) of Schedule 2:

Under the heading of “Indicative and non exhaustive list of terms which may be regarded as unfair” - 1. Terms which have the object or the effect of – (e) Requiring any consumer who fails to fulfil his obligation to pay a disproportionate high sum in compensation

 

However, the continuing problem is, (in common with the 100s of similar cases currently being brought by other bank customers), that the Defendant refuses to disclose the details of the actual costs incurred by them as a result of the contractual breaches.

 

Accordingly, I request that the court, notwithstanding allocation to the small claims track, order standard disclosure. I understand that the court has the discretion to order standard disclosure. I believe this would bring a rapid end to this litigation

[austenpowers]

Handed in my AQ and £100 fee to the court yesterday. Planning to send a copy to Barclays along with a breakdown of the charges, is that the correct thing to do?

[closey]

Hiya Austen,

 

sorry I wasn't about to help. Looks like your getting the the final hurdle.

 

Yes, send in a copy and a list of all the charges to the solicitor.

[austenpowers]

As I was getting fed up with the inaction of my claim, and having been inspired by other posts, I decided to give the court a ring to see where my claim is at. Unfortunately I didn't get any sort of definitive reponse other than my claim

"is currently up with the judge". I tried to press on timescales but nothing was forthcoming, so it looks like I will have to carry on with the wait. :-|

[austenpowers]

...still waiting... god this is frustrating, over a month now since I handed in my AQ. ... I know, I know, just think of the interest I hear you all say ... ;-)

[closey]

you said it!

[austenpowers]

Quick update.

 

Yes! After what seems ages of nothing happening, I've got a date through this morning, Wednesday 13th December. Not seen the letter yet, mrs powers just skimmed through it for me, but that's not as far away as I thought it might be. Papers have got to be sent in 14 days before the hearing so best get looking at how to go about preparing my bundle...

[closey]

Hi Austen,

 

How are you honey?

 

Please see the link below for information on preparing your court bundle:

 

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

[austenpowers]

Hi closey,

 

Thanks for your help and support, as always. Will be starting work on my bundle as soon as poss to get it done and out the way.

[closey]

Good work. Let us know if you need anything.