court bundle & AQ??

[metalmuttversion2]

My case against Barclays was recently transfered to the Warwick count court for processing and i have seen on this site about AQ's & court bundles?? can anyone tell me what these are and what i need to do to set these up?

any advice will be most helpful.

 

on a similar point i originally dealt with money claim online and they have stated in an email to me that they have not seen any cases suspended at this time?

[welshcakes]

Hi metalmutt

 

Firstly, a warm welcome to CAG!

 

You are at a point in your claim where you really need not only to know the terminology but what all these things are - I urge you to read up on http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html and http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html.

 

You should be getting a copy of Barclay's Defence sent through by Warwick court next (unless this has already been provided). If/when you get the Defence, post the first 3 points of it on here. Since you filed with MCOL, it is likely Barclays will contend that you have failed to supply a breakdown schedule and that your Particulars are summary in nature.

 

Both of these points are easily remedied.

 

You may also receive Barclays glossy leaflet advising that they are applying to have your claim Stayed until the OFT Test Case has run it's course.

 

Whatever you receive next, post it on here so we can advice you along the way.

 

Reading the links above should be supplemented by reading threads on the forum as you will glean a huge amount of information simply by following other people's progess

[metalmuttversion2]

Hi metalmutt

 

Firstly, a warm welcome to CAG!

 

You are at a point in your claim where you really need not only to know the terminology but what all these things are - I urge you to read up on http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html and http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html.

 

You should be getting a copy of Barclay's Defence sent through by Warwick court next (unless this has already been provided). If/when you get the Defence, post the first 3 points of it on here. Since you filed with MCOL, it is likely Barclays will contend that you have failed to supply a breakdown schedule and that your Particulars are summary in nature.

 

Both of these points are easily remedied.

 

You may also receive Barclays glossy leaflet advising that they are applying to have your claim Stayed until the OFT Test Case has run it's course.

 

Whatever you receive next, post it on here so we can advice you along the way.

 

Reading the links above should be supplemented by reading threads on the forum as you will glean a huge amount of information simply by following other people's progess

 

Is this the 1st 3 points that i should have posted?

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 alleged that the claimant incurred bank charges on the claimant's account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendant puts the claimant 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 ammend 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 referral fee" where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25).

 

b. The defendant's right to charge an administration fee of any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

 

c. The defendant's entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

..............................................................................................

 

the front sheet from northampton court (before transfer?) states that the "AQ be dispensed with in this case unless thedistrict judge at the court of transfer orders otherwise"

 

 

also as a foot note it states " any party affected by this order may under rule 3.3 (5) apply to have it set aside,varied or stayed. such a party must apply under rule 23.3 within 14 days of service of this order.

date of order drawn 31.7.2007

easier said than done when this paperwork was delayed!

 

any help would be most useful!

[slick132]

Hi MetalMutt,

 

Welshcakes' advice above still stands. The Barclays defence is standard for a claim started through MCOL and you may have to submit a new POC (Particulars of Claim) and a fully detailed SOC (Schedule of Charges).

 

Wait, though, until your local Court reviews your case and the Judge will then confirm what is required. Post here when hear from the Court.

 

Slick

[metalmuttversion2]

thanks for the infor and i will update soon!