Agressive Barclays Action

[PUMPKINPIPS]

Hello

 

First timer here, excuse the dumb questions, please. Any help will be much appreciated.

 

Just received a "Notice of Transfer of Proceedings", read through the defence - very agressive. The Allocation Questionaire has been dispensed with after a defence was put in.

 

So I understand that I now should write to the courts as well as prepare my court bundle.

 

OK, here we go:

 

What are "Draft Directions for Disclosure" and where can I find them/the format?

 

Are there any links to Barclays T & C's? I have seen links for other banks but not Barclays.

 

 

Quite exciting really

[welshcakes]

Hi Pumpkin and welcome to CAG!

 

Firstly, could you post the first 3 points of the Defence Barclays submitted? Likely they say something about you not providing details of exact charges, summary in nature etc. When you filed with MCOL did you follow up with sending both MCOL and Barclays a Schedule of Charges (a spreadsheet itemising each charge, date incurred etc)?

 

Unless you have received Directions from the court, you don't have to submit anything yet. If you have (apart from Notice that it's been transferred and that there will be no need for AQ), post the Directions from court on here; we can then advise exactly what you need to do, send, prepare etc.

 

Don't worry about the Defence appearing aggressive, what else would you expect from corporate solicitors - they tend to use one of several 'standard' Defences that they send out against all bank charge Claims.

 

You will likely get a glossy leaflet from Barclays shortly about the OFT Test Case and how they will be Staying your claim. File it and forget about it, don't waste time worrying about it, standard literature

 

Barclays T&Cs can be found in list of banks on http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html

[PUMPKINPIPS]

Thank you Welshcakes

 

Right, here are the first 3 lines/points of the defence - (The first amused me as its a Barclays Bank Plc current account, not Barclaycard - however I did think it was just a cut and paste job)

 

1. "Barclaycard is a Trading division of Barclays Bank Plc and not a legal entity in its own right."

 

2. "The Particulars of the 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. Furthermore, they give no recognisable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a defence. The Statement of Case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.2."

 

3. "The defendant respectfully requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim and is an abuse of the Court's process."

 

____________________________________________________________

 

MCOL

 

Northhampton County Court

 

Between PUMPKINPIPS Case Number ###

 

and

[PUMPKINPIPS]

SORRY - typo

 

MCOL cont.

 

Without Hearing

 

It is Ordered That -

 

1 The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of Transfer orders otherwise. **

 

Note: Any Party affected by this Order may under Rule 3.3(5) apply to have is set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of the service of this order.

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for futher details.

 

Date order drawn 10/08/07

[PUMPKINPIPS]

Notice of Transfer of Proceedings

 

To all parties

 

A defense to this claim has been filed.

 

The Claim has been transfered to the court covering the area where the Claimant lives or carries on business.

 

Please read the accompanying documents carefully.

 

All further communication should be addressed to :

 

The Court Manager

Croydon County Court

The Law Courts

Croydon

[PUMPKINPIPS]

Welshcakes

 

To answer your question, once I had filed a claim on MCOL I did not send documentation to any party. I was waiting to see what happened, but it would seem that Barclays had moved very quickly on this one and here I am.

 

Preparation of Bundle underway, but do I need to send anything ahead of it?

 

Pumkinpips

[saintly_1]

What were the first 3 points of the actual defence ?

[PUMPKINPIPS]

Hello Saintly 1

 

please see my first message to Welshcakes for the first 3 points of defence

[saintly_1]

Ok all thats needed at the moment is your SOC's .. schedule of charges sent to both the court and the Banks litigation dept. Send with covering letters asking for them to be included with your case file

[PUMPKINPIPS]

Sainty1

 

Thank you