Thought I'd add this thread I came across which concerns my claim regarding my hearing in Leeds on 7th Feb http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds.html

Hi, I handed in my CMI Sheet yesterday to the court and posted a dup to Barclays. I found an interesting thread regarding my hearing in Leeds. Don't know if you are appearing there on Wed 7th Feb but a good read all the same http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds.html

That's the way to go !!

Since it's such a nice day in Leeds I've handed in the CMI sheet and posted duplicate copy to Barclays. Wait and see now.

CMI has been complete, I will be posting today to Barclays and the Court via Special Delivery. Spoke to the court and they didn't seem to bothered about the time scale hinting that the defendant will most likely settled before then. Bundle in progress...

I've filled out a Case Management Sheet and will post to Barclays and Court today via Special Delivery. My court bundle has been a work in progress but i won't be sending to anybody as yet!! Over 50 sheets x 3 copies can be costly!! It is also interesting to read other threads about peeps concerns about the courts lack of informing claimants on particulars etc. I think this forum needs a v big pat on the back for filling this void It is also interesting to read about the associated group context of all these claims on 7th Feb. If a precedent is to be set this will have serious shockwaves for many banks and financial institutions.

Hi All, I have not got my CMS sheet into the court yet. I only got my letter on Tues to say that I will be in court on 7th Feb (Leeds). How important is it that the court gets this??? I'm also getting my bundle together as well. I am also working on Wed so time off required which I'm not best pleased about. See my blog here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays-2.html

I've received a 3 rd letter from A&L basically saying bugger off. I've given them more than 28 days to deal with my complaint satisfactorily but to no avail. I'm currently due in court next week for my claim with Barclays see here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html so as soon as that is sorted I will be filing my claim with MCOL against these people!

Addtional info in the court pack says that no later than 7 days prior to the hearing a completed Case Management Information Sheet in accordance with CPR 59 should be filled with the court. Has anybody else done this? If so i'd better get started as hearing next Wed.

I have received a 'notice of transfer of proceedings' which details my case moving from Leeds County Court to the Leeds District Registry, Mercantile Court. I don't know if this means anything other than the courts managing their workload. Last date for filling with court was 3 Feb and now the Hearing will take place on 7 February in the morning. Doesn't things move fast. So finally after all this time I have a date to appear in court! I guess Barclays solicitors will be fretting now about this news. I've read on other threads that some people have contacted Barclays and talked about settling. However i don't feel it's my move here, correct me if I'm wrong but the bank doesn't want to go to court, i'm ready and looking forward to it. I'm currently getting my court bundle together using the fab templates etc on here. The countdown begins.... PS Laineybelle good luck with your claim

I received a defence from Barclays with the AQ. I have filled out a copy of the AQ and posted it to the Leeds County Court. With regards to the 'Other Info' section I have gone down the route of including the New Strategy for AQ which i understand will put more of a squeeze on Barclays. End date for filling is 3/02 so getting it in early to show I mean business. Follow my claim here with Barclays http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

Thanks

I have just one question concerning the AQ. It says to pay the fee of £100 if claiming over £1500. I am claiming £1215 + interest + MCOL fee. Should i pay or leave?

Hi Xena, in the 'other section' i put a note to say please see attached info for your consideration. Attached was the New Strategy of the AQ. Read this blog for further info. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html Please see my claim against Barclays here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html and Alliance & Leicester here http://www.consumeractiongroup.co.uk/forum/alliance-leicester/55554-junklunacy-alliance-leicester.html

I received Barclays defence yesterday which is funny at best. It is the usual defence which i have read many times on this website.. 1. The Particulars of Claim do not provide details of the precise charges alleged to be unlawful or the date thereof. To extent it is alleged that the Claimant incurred bank charges on his 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 Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit). 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 without limitation) the following terms and conditions (which are summarised): a) The Defendant's right to charge a 'Paid Referral fee' where the Defendant pays an amount (either compulsion or election) which causes the amount to become overdrawn - £30 per item (previously £25). b)The Defendants right to charge an administrative fee if any cheque,. standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30). c) Th Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 4. If and to the extent it is the Claimant's case that the failure to make necessary payments and/or failure to remain within authorised overdratf limits failure to arrange and authorised overdraft constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges consititute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft. 5. Accordingly, it is denied that the legal principles relating to liquidation damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges are relevant or applicable to the facts set out above. Further or aternatively it is denied that any such charges constitute unlawful penatly charges or are in breach of hte Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1 (e) of Schedule 2), or are in breach of s.4 of the Unfair (contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision). 6. Therefore, it is denied that the charges were unlawfully debited from the account. 7. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into Overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit. 8. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same. 9. The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforcable and consituted a breach of contact by the Defendant, those charges which were applied to the account prior to 05 December 2000 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action. 10. In the alternative, and without prejudice to the paragraph 6 above, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unabel to rely on its express entitlement to enforce the charges as set out at paragraphs 2, to 4, above, it will seek to recover to the extent necessary such loss and damage as it actuallly suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the Claimant Barclays Bank Plc. I have until 3rd Feb to send off my AQ which is ready. With regards to the 'Other Info' section I have gone down the route of including the New Strategy for AQ which i understand will put more of a squeeze on Barclays. I have ALL my paperwork ready and will not allow this to be struck out on my part !! http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

I've just mailed MCOL for details of were my claim is at and made a complaint on the poor service from the online facility. If we get punished for their incompetence we really need to make a fuss over this.

with reference to your timings with MCOL I've had similar experiences. I was trying to submit judgement by default on Sun and Mon after the end for Barclays to defend and it said 'you can't do this right now'. Later on Mon it said Defence submitted by bank, please await court details. So if i have to use MCOL i will have little confidence in their timings. Follow my claim against Barclays here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html and Alliance & Leicester here http://www.consumeractiongroup.co.uk/forum/alliance-leicester/55554-junklunacy-alliance-leicester.html

''The Defendant disputes the whole amount you have claimed'' I have just checked MCOL as I've yet to submit judgement by default and guess what....you guessed it Barclays sudmitted a defence 11/12/2006 so says MCOL. I should receive confirmation to where the claim has been transferred to shortly. I am very bemused as to why this only appeared now when I've attempted to submit judgement 3 times today!! It would appear that MCOL takes it time on updating their website, 3 weeks in fact! Court here we come, can't wait!! I know some peeps on this site have contacted their banks prior to going to court. However i think i'll let Barlcays do the chasing for a bit. After all it's them and not me that doesn't want to appear in court.

These are letters before action....until i either receive money in full or i submit my claim online.

Personally i would stick to your timescales 14 days and another 14 days. It means if you do go to court you can say you gave the bank adequate time to deal with your case. I sent another letter after the one you received saying that i wasn't happy with the standard repsonse and that i will be submitting my claim on MCOL when the time comes. To bait them more i will remind them what I'm doing 3-4 days before I do it. Again it gives them time to reply and I'm still sticking to my timescales. In this case they have until 27/01 to give me my money otherwise i will be visiting MCOL. You can view my other claim with Barclays here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

I've tried again this morning to request judgement by default on MCOL and still says the same. Am i missing something here as I'm sure my timings are correct?

I am prepared for court so as soon as the timescales I've given them elapses I will be visiting MCOL.

Just tried requesting Judgement by default, but says i should wait 28 days after claim was served which was 11/12. So plus 5 days and 28 days = 13/01. I guess i can't until a business working day (tomorrow)?

Received a letter from A&L yesterday 12/01. They've had the 'opportunity to review why the charges were raised and considered my comments', yea right! Again they have said the charges are in line with other organisations and supplied a phone number and web address to fix all my 'problems'. These guys are heartless but not unexpected. I will be posting another letter prior to their deadline one last time and if that fails MCOL here i come.

Not received anything from Barclays or court. Will leave until tomorrow in case any post arrives this morning before i submit judgement on MCOL.