"The organisation [The British Bankers' Association ] has hinted that any further attacks on penalty fees will see the industry move to a system of annual fees on credit cards and current accounts - ending the British tradition of free banking. " Translated ... Even the BBA are expecting to lose the OFT Test Case otherwise why suggest that they anticipate "further attacks", which itself translates as " further refunding of charges".

Doefar Is yours a Directions or a full hearing? If the latter, have Barclays complied with court orders to date ie submitting bundle etc on time? If not, you should be applying for the Defence case to be Struck Out.

Hi Kivo You do not need to send anything unless the judge grants your Draft Directions. If he does, you're on to an almost certain win-win scenario as the Defendant will be required to disclose their breakdown of charges (something they refuse to do and will definitely not do until they are forced by the OFT Test Case). If the judge grants your Draft Directions, then the court will write to you and the bank with the Directions made into a court Notice and telling you the dates by which both parties have to submit their docs. a = Up to date SOC b = Bank Statements or the list of charges the bank sent you c & d are on this site so just need printing off. You can courtesy send an updated copies of your Schedule but it's not necessary at this stage. Personally I wouldn't go to the effort of sending anything more to the bank than you are required to do by court order/pre-hearing protocol.

Hi Hedge Absolutely however if you have a while before you have to submit your bundle, I would suggest you do the following; Write registered to the Woolwich CustomerCare Services at Jackson House and request a copy of the T&Cs which were in force during xxxx. Put in something like "Where you are unable to supply such, please provide the reason why you are unable to access the Terms & Conditions under which I entered into a contract with your company. Furthermore where this is the case, and in lieu of the correct document, I require at least a copy of the Woolwich T&Cs which most appropriately reflect the T&Cs that were in force duing that period." I'll wager a tenner they won't send the original ones and if you're lucky, will simply furnish you with current Barclays t/a The Woolwich T&Cs. The point of the exercise is for you to be able to demonstrate to the court that you made reasonable effort to present the T&Cs as documentary eviodence and that not even the bank claim to have access to them for the purposes of establishing the T&Cs relevant to your claim. You can therefore include your request & their response and the T&Cs they send back in your bundle.

Hi Kivo Yes, it is added to a winning claim/settlement. Again, yes ot your above post, those 3 are fine. If you indicate in section G that you are sending a copy to the Defendant, then you also need to send a copy of (just the Draft Directions) to Barclays; this doesn't need to be registered.

On the otherhand, what a magnificent scene when you turn up for the DPA breach hearing with a wheelbarrow full of statements. I would be making sure your local newspaper was tipped off for a photo opportunity! A centre spread of you (with crutches for extra effect) pushing wheelbarrow against backdrop of court room, Barclays branch, recycling bins and perhaps a sad looking copse of trees.

This will be interesting as my understanding is that the Defendant must make the application using the correct form and enclosing the fee. Where this does not occur, the request cannot technically be processed by the court and should be returned for correct submission.

Hi J&W I understand your line of thinking in respect of the Human Rights issue however you cannot indicate a HR issue on the basis of a Stay that has not in fact been issued at the date of you submitting the AQ. The only way you could reasonably justify a HR contention is where you could provide documentary evidence that your particular case had been selected for Stay and since you cannot pre-empt this ie acquire such evidence, I cannot see how you could argue the cause.

No 1 - If you had already supplied them with a SOC sent registered after filing your claim then you do not have to resend unless the court subsequently ask for it. Registered mail is proof enough that they have received. No 2-10 If the court is dissatisfied with your POCs, then they will request further clarification in a Directions Order to you. When it comes to your bundle, you can incorporate the new POC from the site which will dismiss the Defence point #2 No 3 Yes, it is one of the handful of standard Defences that responds to MCOL route Claims. It is not up to the Defendant to judge whether your Particulars are adequate to proceed - that is down to the court and you will be advised to submit further evidence by a certain pre-hearing date if necessary.

Hi radddogg More and more courts are failing to identify the type of hearing in their Notices however the fact that 1 hour has been set aside, indicates it is the full hearing (as oppose to Directions which are 5-10 mins in length). Make sure you have your bundle submitted (registered or hand delivered) to both the court and the Defendants. At this point, I am suggesting people shouldn't put in any covering letter with the bank's copy of your bundle as some cases are not being attended by the bank as their admin has overlooked the hearing date. In these circumstances, it provides opportunity for the Claimant to have the Defence Struck Out at the hearing and full settlement awarded there and then ... so don't contact Barclays as it may tip them off when they don't realise the court date. All hearings are recorded by means if a simple tape recorder on the table. If you don't receive a bundle off Barclays, neither will the court so this is also an indication that they are in the dark about the court date - keep it that way.

Hi All I've been otherwise engaged for the last week and am frantically trying to catch up with forum posts (suprising how many on just the Barc & Woolly in 7 days!). I think you're spot on freaky that the majority would have submited Objections in writing for a number of reasons, not least of all work commitments, convenience and of course the lack of parking near the courthouse! Whilst the amount and diversity of posts/threads on CAG are less since the OFT TC announcement, by no means does this signal any slow down or commitment of many of us to kick this back into gear. Realistically, the Stay Card has hampered the speed of resolving many cases simply because the courts have willingly played the Stay Card to lessen their bottleneck workload; I would go as far as to say many judges are delighted at the blanket Stay recommendation. This is extremely frustrating and for me, signals an abuse of power and a prejudical handling of what should be "case by case" consideration.

Hi Kivo Sorry you've not had a great many replies - I've had a heavy personal workload this last week so just come across your further questions. "the letter explaining why I can't attend court" The letter can be found on post #202 of thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post-4.html Witnesses You would normally place yourself as a witness submitting verbal evidence so if your mum will be doing this in your place, then yes her details must be included as a witness sothat she can 'conduct' representation of the evidence which is your bundle. Hearing If your medical condition rules out sustained periods (ie is long term inability to attend court and therefore requires it to be conducted in your personal absence), then use this space to advise that the severity of your permanent medical condition prevents you from personally presenting your case as per the letter attached. State any dates that your representative is unable to attend but she would have to show exceptional reason for this. Other Information If you are using the new Strategy for Draft Directions, see http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy for what to put in Part G. Fee Are you exempt from court fees? Court Fees - do you have to pay them? I believe it is a flat rate £100 but if you ring your court they will confirm this. Cheque can be sent with the AQ.

Thhis is very good news and as slick says, it is entirely irrelevenat that Barclays are swapping sols midstream. I can only presume they have advised you of this hoping that it will be 'taken into consideration' if they apply for more time to submit. Yeah right Fill in an N225 - if you need link http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf and get it down to court asap. Personally I would hand deliver it first thing Monday morning. You don't need to inform Barclays, they'll find out once they get the Order to pay up.

Well done Sarah, you must be walking on air! Great boost to hear that not all county court judges robotically comply with the Stay recommendation.

Hi Dave (and thank you Lively) Personally, I did number all the pages as I placed everything into one big Word Doc and let did an auto page numbering - the advantage of that is if you eever need to amend or add, the page numbering auto updates. It is standard practise to number all pages. Whilst the judge won't reject a non-numbered bundle, the absence of such can by annoying when attempting to locate specific clauses etc under examination during the hearing. You're doing fine and have completed the most arduous part of preparation

Hi gill The LBA I was referring to was the letter you should be sending threatening court action for breach of the DPA (exceeding the 40 days). They normally respond once they get this. The link for a non-compliance LBA is http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Template Letter #2. You can adjust it to include that the action incorporates they're withholding of a true copy of the original CCA. Also advise that the account is in dispute as you believe the debt to be unenforceable - this will spur them on to include a copy of the CCA with the account transaction data.

Following on from what Dar£n has advised, I would imagine that if they escalated it to a court action against you, you have the potential to apply a Stay pending outcome of OFT Test Case for precisely same reasons as the banks are being granted it...it's a two-way street and the courts cannot prejudicely have one rule for bank Defendant and another for private individual Defendant.

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

Hi Dave Regards the Lincoln "court" Abuse Order - it is post #21 on the link thread. It demonstrates how judgements have previously been made where the Defendant abuses court process. WP = Letters they may have sent that are entitiled "Without Prejudice" - these are inadmissable unless both parties give agreement for them to be shown. An educated guess at your hours is more than acceptable - don't take the pee and keep it realistic otherwise the judge will chuck out yur request for in itself trying to take unfair advantage. Regards the Bank's Bundle, just put on a top sheet "CLAIM NO. XXXXXX With Compliments" Nothing like being polite! You can send it for the attention of Legal & Litigation Dep't. I wouldn't go to effort of putting it for anyone's attention - you don't want them to be too efficient and match it up to an up and coming court hearing now, do you!

I've been a member of 419 for about a year and there is an immense satisfaction in scr*wing the lowest of the low. One thing I would say is to read all the advice before commencing any Sting Operation and do not use a Username that you use on other forum sites.

Hi Ugly In Small Claims Court, each party normally pays for their own costs regardless of which side wins. So even if you lose in Small Claims, the bank will pay their own costs (it's one reason they have til now been citing for why it's not cost effective for them to go to court but rather make a "goodwill gesture" settlement). There is an opportunity to get the bank to pay for your costs if you win (whether it be by default or on judgement of hearing evidence). Where the claim is over £5k (ie outside of the Small Claim boundary) then the winning side can apply to have their costs awarded (the other side has to pay) and this is where the Claimant risks being left with all the legal costs of the bank's Defence team.

TBH, even if you ring the court to find out why you haven't been asked to submit, since they've already confirmed it is a full hearing then you must protect your case by submitting everything pre-hearing. If the judge doesn't get the bundles beforehand, he would either Strike Out your Claim or adjourn to give parties time to submit as it would be "untryable" on the 22nd without any paperwork to guide the court. Remember, the hearing may well be Stayed (by Barclays application or by judge's own volition on the day) so it's by no means a done deal yet. Best case scenario, Barclays don't apply for Stay or turn up and you get Judgement by Default. Worst Case Scenario, on the 22nd the case is Stayed and the judge rejects your objection to have the Stay removed and you have to wait til OFT Test Case is concluded. The judge will have copies of the Court Notice and you will be including them in your bundle. Acually you want to hope he doesn't really note that no bundles were requested - it might prompt him to excuse the Defendant for not having submitted anything! Don't draw judge's attention to it. Must Do List: * Print off 3 identical copies of bundle; * Retain 1 copy in a safe place (), send off 1 bundle to court, 1 bundle to Barclays both recorded and track Royal Mail site and print off delivery confirmations to take along on 22nd; * Don't initiate any contact with BLT.

Hi Dave It is not usual practise not to have been directed to submit all documents upon which the parties intend to rely. Firstly, do not contact Barclays and alert them to this - there is a chance they a) have lost the claim hearing notice and won't even turn up or b) won't submit any bundle. In both scenarios, you have an opportunity to win by default, so don't tip them off! Secondly, send your full bundle to the court (and unfortunately you have to send to Barclays BY RECORDED mail but don't put in a covering letter with the bank bundle and hopefully, they'll just chuck it into the section of filing cabinet with your name on). Retain a 3rd copy of the bundle as this is yours and you will be taking it with you on the 22nd. Also,print off and take the Royal Mail confirmation that Barclays bundle was delivered. That way the judge will see the bank had your bundle before the court hearing so has no excuse for adjourning hearing to a later date. 1) The bundle is everything the court will take into account. If it isn't in the bundle, you cannot introduce it unless the judge gives special permission. The bundle documents/evidence you will need to submit will include; - Up to date Schedule of charges - Statements showing charges have been made - All correspondence between you and the bank - All cases and statutes upon which your claim relies - OFT report All this can be found in the Basic Court Bundle Additionally, you should add as much other evidence as you can compile. Examples of other useful pieces of evidence are; - The Competition Commission report - The McNamara interview - Australian Default Fee's report - BBC Commission conclusion Include the Barclays T&Cs (unless you have the original Woolwich ones) - these can be downloaded at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956704 2. Application for removal of stay, Signed ready (If judge suggests Stay, respond that you wish to object to the Stay and say you have prepared your Objection in writing, then offer it to him); 3. A prepared Application for Judgement by Default (N225) http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf just incase Barclays don't turn up and the judge wants to grant you a Win on Default. 4. Alternatively, judge might want to adjourn to get more information from Defendants, in which case you offer up your Draft Directions (which directs the bank to disclose breakdown of their charges). The link is in my above post; 5. You can try and get costs as well if Barclays fail to provide a bundle or turn up. You have a right to request costs for your travel expenses to the hearing and loss of earnings caused by attending the hearing - under CPR PART 27.14 - Costs on the small claims track http://www.consumeractiongroup.c o....ion-costs.html You can also request case preparation costs on the grounds that the Defendant has behaved unreasonably. The basis for this would be that the Defendant has had months to offer and arrange a settlement if it had wished to, but instead chose to rebut or ignore all attempts at meaningful dialogue. Take along a list of all the settled case's, a copy of the Lincoln 'abuse' order, copies of all correspondence between you and the bank (except WP marked obviously) and a breakdown of your costs/expenses in preparing your case (bundle, etc) at £9.25p/h. Try to particularise everything as accurately as you can, and include receipts where possible.

Hi syds mum All you can do is print off the Royal Mail Website confirmation page plus the electronic Signature - this is your documentary evidence. Any chance you put in a covering letter with the 2 sets of SOCs that actually states something like "please find attached Schedules for Claim Nos xxxxx and xxxxx"? That would be perfect to include and if Barclays are only claiming to have received the one set, then why didn't they query the fact that the letter clearly represented the sending of both sets. If you didn't enclose such a cover letter, I wouldn't muddy the issue and just maintain that this is the recorded mail reference, this is the independent proof that it was received on xx/xx/xx and you therefore require the Judgement by Default to be reinstated. Hand deliver or Fax to the court today if possible.

Hi Dave On the Court Notice giving your date of 22nd, what exactly does it say? It should tell you whether it is a Preliminary or Full hearing. Very odd to have not had any directions from the court when you have a 2 hr hearing (which could signal a full trial) so I would be inclined to ring the court and ask them what sort of a hearing it is so you don't go to uneccessary time and cost preparing for a full trial if it's just a Preliminary. Could you post back once you get an answer from them?