Me V Barclays

[Scubadoo1]

Hi all - need some help

 

I have got the defence letter from court re Barclays with usual stuff.

 

The letter states

 

IT IS ORDERED THAT:

 

The filing of an allocation questionnaire be dispenced with in this case unless the Distrect Judge at the court of transfer orders otherwise.

 

court will be Hitchin

 

What does this mean?

 

Sorry to be so dumb!!!

[Trucker]

Hi scubadoo.

 

Welcome to the site. I would suggest that you have a read through the FAQ's. It would be extemely helpful if you could post up a brief history of your claim and the process that you have followed. An AQ is the form that you fill in that will decide which track the case will take, small claims/ fast/multi. You have claimed via MCOL so the AQ process will not be needed unless the judge at your court orders you to fill one in. However you may still need to pay the AQ fee. Look through as many threads on here as you can and get familiar with the process. This is basically a self help site but we are there when you come across problems.

 

Good Luck

 

Trucker

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[welshcakes]

Hi Scuba and welcome to CAG!

 

This means that you filed online MCOL and now that Barclays are Defending the case, it has been moved to your local county court. This is normal.

 

At this point, it's saying you don't have to fill in an Allocations Questionnaire (the form that helps coourt decide which way to proceed with case) BUT that your local court judge may decide when he looks at the claim, that he does want one filled in.

 

Just wait for the next letter from the court - it will either

a) Give you a hearing date (normally a Directions);

b) be a Notice asking you to submit more information;

c) be a Notice asking you to fill in a AQ (the form will be sent with Notice)

 

I recommend you read through http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Have you followed all the steps up to now from this site or have you followed guidance from somewhere else?

[Michael Browne]

It means you don't have to file an AQ. Wait for the court to send you directions.

In Hitchin's case it will be this:

 

Before District Judge Field sitting at Hitchin County Court:

It is ordered that;

The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (stylised particulars do not constitute compliance). The claimant must amend or substitute the particulars of claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they were incurred.

 

The claimant should note that sending copy correspondence and/or copies of bank statements will not suffice.

 

The claimant has until 4pm XX/XX2007 to comply with this order. In default the claim will be struck out without further notice."

 

This is because Judge Field never accepts particulars of claim filed at MCOL.

 

You will have to send a fuller POC. See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/71394-abbey-national-me-defence.html#post661174

 

which includes the following

 

Details of The Charges Complained of:

 

The type of charge, the amount and date of each charge are listed in the schedule of charges attached

 

How The Charges are Calculated:

 

The charges have been debited in accordance with the Defendants Terms & Conditions

 

The Circumstances in which the Charges were incurred are as follows:

 

Unauthorised O/D Fees

This is when you have an overdraft or not and you go over that. The bank charges through charging periods which last a month and the charge goes out at the end of the month.

 

Unpaids Out

This appears on the statement and is when there is not sufficient funds in the account the previous working day(mon to Friday) to cover either a cheque, a direct debit or standing order to cover the amount going out. The bank "bounces" or does not pay the item and you get charged for it.

 

Paid Referral Fees

This is when an item is, rather than bounced is paid which takes the account over an agreed or unagreed overdraft

 

and enclose a detailed schedule of charges. Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

[Scubadoo1]

Thanks

 

I started the process off myself, as I am claiming for our Buisness account for the last 5 years.

 

I took all the charges off the bank statements and hidden in our commission charges, did a spreadsheet, worked out 8% interest and sent it off to Barclays asking for our mony back. (This was from a template I found on the web but is very similar to this forums one).

 

Barclays offered half

 

We said no and asked them to send the mony or we would go to court and to give us a full responce within 7 days

 

Got no reply so phoned Barclays who said thay had not received the letter

so I faxed it and got confirmation that they had received it

 

No respose for 3 weeks

 

Filled in online claim with words similar to what you guys recommend.

 

22 days passed looking good, then day 23 Acknoladgement!!!

 

Again 13 days passed looking good, then day 14 Defence!!!

 

No court date yet just a transfer to Hitchin court and getting a bit scared......

 

 

Claimingfor £3,000+

 

Looking forward to your help

 

Sorry for typo's

[Trucker]

Scubadoo

 

You have come to the right place. Could you post up the first 3 points of Barclays defence. Just want to chaeck that you are not being asked for anything.

 

Trucker

[Scubadoo1]

Hi Trucker

 

Defence

1. The particulars of claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alledged thet the Claimant incurred bank charges on the claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or other such fees), the defendant puts the claiment to strict proof of each charge and the date thereof.

2. The particulars of claim are summary in nature. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

3. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised):

a. The defendants right to charge a paid refferal fee where the defendant pays an amount (either by compultion or election) which causes the accout to become overdrawn - £30 per item (previously £25)

b. The defendants right to charge an administration feeif any cheque standing order or direct debit cannot be paid because of insufficent cleared funds in the account - (£35 per item previously £30)

c. The defendants entitlement, if the claimany becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

4. The defendats standard terms and conditions give the claimant a fair and transparent view ETC.....

[Michael Browne]

did a spreadsheet, worked out 8% interest and sent it off to Barclays

Does the s/s list the charges by type of charge, amount and date. Like this:

Maisielou v Barclays - SETTLED!!

 

If not you need to re-do it.

[Scubadoo1]

My spreadsheet is verry similar to this one just a different lay out....

 

I did charge type in colums and did not identify if caused by dd or cheque, but I will re do in this format if I get to court bundle stage

 

Many thanks

[Michael Browne]

I will re do in this format if I get to court bundle stage

 

Or if/when you receive the directions I've posted above, which I'm almost certain you will, so be prepared for that.

[iedec]

MB, can you put up a link here 4 the libraries s/s? I can't find it. Cheers,

 

iedec

[Michael Browne]

Spreadsheet with interest

6. Interest calculation spreadsheets

 

A-Z Index here:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

[Trucker]

Scubadoo

 

You need to send both the court and Barclay's an upto date Schedule of Charges. If you sent 1 before you filed at court this will not have been passed onto Barclays litigation team.

 

Trucker

[Scubadoo1]

I have done the schedule and the longer version of the POC paid hitchin £100 on time, sent in the POC on time and copied the lot to Barclays.

 

This was all done before the 7 Aug and I have heard nothing more.

 

In light of the OFT what should I do now?