Barclays defence filed

[Shedbuilder]

OK, so here we are 2 months later and I've just received a "General Form of Judgment or Order". It states that;

1. The claim is not allocated to a track but will be allocated when directions are given pursuant to para 8 [presumably this means that it's not going anywhere until the resolution of the banks/ombudsman's deliberations next year some time?]

2. Allocation fee of £100 must be paid now, although questionnaire not required [What, so I have to pay £100 as well as the fee to MCOL even though the case isn't proceeding?]

3. I have to file & serve SOC by 29/10 on defendant, along with reason for claim [i sent SOC to both bank and court in July by recorded delivery, and they're delivered according to Royal Mail website. Do I have to do this again?]

4. If I fail to comply with para 3, the claim will be thrown out.

5. The claim will be stayed from 29/10 to 26/11 to provide time for parties to settle.

6. If no settlement reached by 26/11, defendant has to submit a schedule in response to mine, detailing why their charges are lawful etc.

7. If bank doesn't comply with para 6, defence wil be struck out.

8. If bank complies with para 6, case will be referred to District Judge.

9. Court disclaimer and opportunity to apply for order to be set aside, varies or stayed.

 

Please advise your thoughts on this, especially the questions/assumptions in brackets.

 

Thanks

 

Shedbuilder

[slick132]

Hi Shed,

 

Which court is this please and what was date of Order.

 

This looks like an excellent set of Directions for you in that the case could be won DESPITE the OFT General Stay situation.

1. Wrong, case is proceeding with a view to giving Directions later.

2. Yes, pay now - sorry.

3. SHED - this bit's important and looks like judge is forcing bank to respond much like the Draft Directions this site advocates.

 

Please post EXACTLY what item 3. reads.

 

4. You have a strict deadline to (I think, subject to seeing the full wording) file your entire case or Court Bundle. If you fail to meet the deadline of 29th Oct, your claim is Struck Out.

5. You try and settle with bank.

6. Failing settlement, bank then has 28 days to file their Court Bundle in response (they don't do these!).

7. When they don't, THEIR case will be struck out.

8. They WON'T do this.

9. It may be bank tries to apply for Stay at any time, particularly if they realise what this judge is doing. Please post item 9. in full.

Reply and we'll take it from there.

 

Slick

[Shedbuilder]

Hi Slick, Thanks for your response.

The Court is Northampton County Court, and it's dated 1/10/07.

 

Item 3. The Claimant shall by 29 October 2007 file and serve on the Defendant a schedule setting out each charge of which the Claimant claims repayment together with an explanation of the basis on which the Claimant claims that each charge is unlawful or any other basis on which the Claimant claims repayment.

(I've already sent all this to both the defendant and the court, and have proof of delivery.)

Item 9. This order has been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

 

Why do you think there's a good chance then? Is this not the standard blurb that everybody's getting?

 

Regards

 

Shedb

[slick132]

Sheddy,

 

2 reasons why this, to my mind, is not standard:-

 

1. Judge has not stayed your case but continued it with interesting Directions.

 

2. (S)he has issued Directions which, like the one's now used by this site (the Draft Directions peeps send in with their AQ) give an automatic Strike Out if you or bank fail to comply.

 

So you do your Court Bundle and submit on time.

 

Bank must then submit theirs which, to date, they have never done = Their Defence is Struck Out.

 

The foregoing is, of course, at risk if bank applies for Stay by 8th October.

 

Quote " (I've already sent all this to both the defendant and the court, and have proof of delivery.) "

 

This was surely the SOC's you refer to. You've not submitted your Court Bundle and this is what you need to focus on.

 

Did you put your charges onto this site's spreadsheet as discussed on previous page.

 

Slick

[Shedbuilder]

Hi Slick,

I'm not sure I know what the court bundle is. Please clarify.

What I sent to the court and defendant in July was, the schedule of charges, and a covering letter which read as follows;

 

 

 

WITHOUT PREJUDICE

 

Dear Ms Treves Brown,

With regard the above-mentioned claim, I enclose my original letter of claim dated 28.04.2007, along with the schedule of charges and accrued interest that accompanied that original claim.

I have also enclosed an updated schedule of these charges and interest up to the filing date 5th June 2007 with charge title/detail.

I am also claiming repayment of £120 in addition to the enclosed, this being the charge to claim, paid to Money Claim Online. I also reserve the right to claim any extra charges that may be levied by the Court in respect to allocation fees etc.

 

 

Yours faithfully

 

 

 

I did put the charges on this site's spreadsheet as previous link.

 

Shedb

[slick132]

Thanks Sheddy,

 

For Court Bundle see here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html - click on the "court bundle for CAG zip" link and that'll take you to documents which make up your Court Bundle (this is the description of all the documents you rely on in Court to make your case against the bank).

 

Have a read to get a feel of what you need to do.

 

Don't worry, there'll be help along the way.

 

Slick

[tezl]

hi,mine were similar,slicks right.

 

a lot of people would be very glad to have directions like these.

definatley not standard blurb..

basically,you have to hope bs dont apply to have case stayed within the seven days after service of order.

bit of luck and they may well miss it.

you supply all your court bundle by time given.

happy days.

tez

.

[slick132]

Sheddy,

 

Sorry if I'm stating the obvious. Do NOT contact bank at all as this may prompt them to apply for a Stay.

[Shedbuilder]

Hi Slick,

Thanks very much for the info, I wasn't going to contact the bank.

When they say that the bank has 7 days to apply to stay the order, is that 7 days or 7 working days?

Ref the bundle, I need to send copies of all that case law etc etc to both the court and defendant?

Seems like a waste of a lot of perfectly good trees, when you consider the number of people who must have been through this process!

So basically I need to pay £100 in the next few days, and make sure I submit the court bundle by 29/10 and that's it?

Thanks again for your help.

 

Shedb

[Shedbuilder]

Hi Tez,

Thanks for the input - much appreciated. I bet they'll spot it and get their oar in within the 7 days, still you never know do you.

 

Thanks again

 

Shedb

[slick132]

Sheddy,

 

7 days from the date of the Order (but court would probably be lenient if it was a few days late - don't know why, but they are).

 

Re Court Bundle, you need to prepare 3 copies of your Bundle. One each for you, court and bank. Follow all the guidance carefully so you end up with a good, complete and well prepared bundle.

 

Start now and don't leave it to the last minute. Make sure you've plenty of printer ink and a cartridge in reserve, and plenty of paper as the documents will run to several hundred pages.

 

Start by reading and getting used to the various items needed and where you'll find them.

 

Post any queries if you're stuck. There will be help here and site Moderators are already aware of your case.

 

Slick

[Shedbuilder]

Slick,

OK will do.

Just to make sure I understand you correctly, once I've prepared these bundles, I post several hundred pages to the court and the bank?

Please confirm this is what you mean.

Again, thanks for your help.

 

All the best

 

Shedb

[slick132]

Sheddy,

 

Just to make sure you get it all right, please post exactly item 2. from post #26 above.

 

When you've prepared, printed and numbered your Bundles, one goes into Court and one to bank's Litigation address (by Rec'd Del'y). That's a way off yet!

[tezl]

Hi Tez,

Thanks for the input - much appreciated. I bet they'll spot it and get their oar in within the 7 days, still you never know do you.

 

Thanks again

 

Shedb

 

nervy time ,i know.

 

just hope their to busy or short staffed.

in my case they didnt know i had judgement or even that hearing was vacated until day before hearing.

look at it this way,you thought you had no chance,now you have great chance.

thats why everyone should post their directions from judge,i nearly dipped out because of posting late on site.think theres lots who think their directions are run of mill

tez

[Shedbuilder]

Hi Slick, away from base today - will post item 2 tonight/tomorrow.

Regards

 

Shedb

[Shedbuilder]

Hiya Slick,

Item 2 as follows;

"Allocation questionnaires are dispensed with but the Claimant must pay the allocation fee of £100 if the claim is more than £1500 within 14 days of service of this order on the Claimant."

 

Out of interest (and again I don't know if this is standard), at the head of the document, before these numbered paragraphs begin, it states;

"Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in this Court which do not come to trial and upon recognising that the Court's resources are finite and of the Court's own motion IT IS ORDERED that:

1. etc etc"

 

Look forward to hearing from you.

 

All the best

 

Shedb

[slick132]

Sheddy,

 

Pay the Fee as requested.

 

Re 2nd para. that's great and makes more sense of the whole case.

 

How much are you reclaiming in chgs and interest (seperately) if you don't mind saying.

 

Slick

[Shedbuilder]

Hi Slick,

Claim is for £1475 in charges, plus interest of £260, plus MCOL and AQ charges of course..

Why, is that relevant?

 

Regards

 

Shedb

[slick132]

Sheddy,

 

It's relevant concerning the Court Fees.

 

Wasn't being nosey but it helps get a feel for the case - if you're not happy showing info, you can delete it from your post above using the Edit Button. Sorry if my Q was blunt or too personal.

 

Slick

[Shedbuilder]

No probs - I wouldn't have told you if it was an issue!

 

Thanks

 

Shedb

[slick132]

Sheddy,

 

Re the AQ you have to pay, under the new fees (from 1.10.07) the fee would be £35 but, if court wants the old AQ fee of £100, maybe it's governed by when your claim started.

 

The Court office will no doubt clarify this if you ask.

 

Slick

[Shedbuilder]

Hi Slick,

You're right, I spoke to them and I only need to send £35.

 

Thanks again

 

Regards

 

Shedb

[slick132]

But who cares anyway - you'll claim it back!

[Shedbuilder]

Slick,

I've printed off 3 copies of all the case law etc etc. However, I'm not too sure what else I need to include in the bundle.

Presumably, I copy all letters sent/received and put them in as correspondence. Anything else?

For the latest schedule of charges, do I just print off the latest version from this site's spreadsheet? The only difference is going to be the extra interest I assume.

What about statements? What do I stick in there?

Anything else over and above all this that I should also include?

 

Thanks again

 

Shedb

[slick132]

Sheddy,

 

Please look here - http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html - post #33 onwards gives good examples that you should find helpful.

 

I'll come back re replies to other ?'s late.