Hi feater Not sure why I haven't picked up on your last few posts, you must have felt abandoned! The account is in dispute. I suggest writing to bith Barclays Head Office and Woolwich Customer Service with identical letter stating catergorically that the account went into dispute on xx/xx/xx - this will be date you first contacted them about bank charges refund. File your claim using the new POC. Woolwich comes under Barclays as is therefore part of the OFT Test Case.

Hi CB I would definitely email so that it's down in black and white that an agreed settlement has been reached and that you have accepted such. Make sure you provide your telephone number in the email. If you don't get a response/call back by midday tomorrow, call the Litigation Team (or else the person from whom you received the £1,800 offer to settle).

Hi J&W Copy of glossy has been sorted thanks and whilst Barclay's generosity in knows no bounds, no one should alter their course of action or timetable

Hi Boff "where the judge also indicated that a significant number of cases were being awarded to the banks." Bah humbug! The only ?significant? number of cases won by the banks so far are the ones where the Claimant is failing on ill prepared bundles or on technicalities. Maybe the judge is a shareholder!

Well, you need to play it by ear but here's how I would do it. On the day if no one turns up for Barclays a)present a prepared N225 which requests Judgement by Default. The judge may refuse to accept it and adjourn to give Barclays more time. If judge adjourns, b) Present Draft Directions and ask if he will conisder making the Order so that the case can be quickly and easily settled. On the day if some one does turn up for Barclays c) If either Barclays or the judge suggests a Stay, present your written objection to Stay regardless of whether or not a Stay is requested and/or granted, d) Present your Draft Directions for exactly the same reasons as b) So you need to take: 1. POC 2. Updated Schedule of Charges 3. Pre-filled in Request for Judgement link is http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf 4. Draft Directions & reasons why they should be granted link is http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-11.html#post510137 5. Objection to Stay link is http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 6. Schedule of your Costs to date (which I will PM you) 7. Copies of all court Notices you've received

Well now, tell me if I've misintepreted this but the bit about; "Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case." Translation; "Hang onto all your statements and Schedule of Charges because you'll be needing them to confirm how much we have to return once the Test Case is completed".

Hi Dylon Basically your costs & expenses, basically seeking costs against Barclays. I can PM you an example (Word document) if you need it. Whilst they can turn up and request it at the hearing, any good judge would be miffed at this as courtroom courtesy expects parties to provide a 2 day grace before the day. Really up to the judge - he might be the sort who orders an adjournment and gives the Defendant more time (won't be the first time that's happened). So it's a case of go to the hearing positive and politely. Just because you're litigant in person, doesn't mean you should feel in anyway less equiped than some office junior from B's solicitors. Be firm and clear about you want

Hi Clubber I think you should take that as a positive outcome to the day. I cannot think why the judge would merely adjourn fro yet another hearing in September only to order a Stay on the day; if he was of that mind, I'm sure he would have got you all out of his hair by Staying today. Pretty sure Barclays will come to the same conclusion so perhaps you'll find yourself posting off a Notice of Discontinuance within the next four weeks

Warrant of Execution is form N323 THe link is http://www.hmcourts-service.gov.uk/courtfinder/forms/n323_0499.pdf

Hello Peeps Just incase some of you lovely claimants didn't know, even if you have filed a claim directly with any of the courts listed below, you can progress the matter online. THere are 20 Pilot Online Forms available at HM Court Services. They include such things as filing a Default Judgement when the bank hasn't responded in time etc. The link is https://www.hmcourts-service.gov.uk/countycourtformsonline/SelectForm.go;jsessionid=abpSBJsWvsj_ Courts for which this service is currently available: Basildon Birmingham Bournemouth Coventry Dartford Leicester Liverpool Llangefni Norwich Preston

Edited : post made same time as Kells above.

Hi kells Well firstly, congratulations! I presume you filed your claim online so now you have to log in at https://www.moneyclaim.gov.uk/csmco/login.jsp Click on your claim and then select the Judgment Start option.

Hi Jeffro I would write back to Mrs Woolley quoting her opening statement of "We have received an offence report alleging that at 13:25hrs on you were responsible for using/keeping the above vehicle on a public road whilst unlicensed in GROSVENOR ROAD WESTCLIFF . " and advise that you rigorously deny any liability and require a copy of the offence report by return. Include the term "this matter is in dispute". I stongly recommend ever communication is in writing and that this initial letter is sent registered.

Hi Penfold, Whilst you are at liberty to refer to it in your next case bundle if it is the same Defendant, it remains at the court's discretion as to whether it is admissible as unduly prejudicial. In any event, I would advise against including it within the POC as it is case supportive only and not a factual Particular to the claim.

Hi bbch I'm not suprised that you feel furious! If it were me I'd be typing out a complaint to the Court Manager and taking it down this afternoon along with the Directions and letter of non-compliance. I would ask to speak to the court manager and if (which is likely) they were too busy to bother with a little ol complainant, I would advise that I was lodging an official complaint and ask whether the staff member in attendance was prepared to re-address the matter of yesterday. If the court issued the Directions, then they would have a copy of it on file unless someone has bu**ared up the PC file (which has been known). See if you can elicit the name of the staff member with whom you dealt yesterday - if you can, add it in a handwritten note to bottom of your complaint letter and hand it in. Ask for a receipt for the letter as it is evident that there are serious internal administration errors being committed! In your letter make sure you explain what you sort, include a copy of the Directions and your non-compliance letter and instruct that you require this matter to be resolved as a matter of urgency and expect a written confirmation of such within no more than 5 working days.

HI J&W Do you have scanning facilities so that you can paste the leaflet into a post on this thread? Would be interesting for us to see the wording

Hi Starprincess 1) Can I request the banks defense be struck out for non-compliance, ie not sending a bundle? (Has this actually worked for anyone) No you can't unfortunately. This is because the bank is not compelled to submit any further documents as it can be argued that it doesn't intend to rely on anything more than has already been submitted in its Defence. That is to say, the Defence constitutes its entire bundle. This additionally means, the bank cannot introduce any further documents of its own volition (ie unless ordered to by court) and cannot refer to anything else except the Defence document entered. Edit (having now benefited from 1st cup of coffee of day!) HOWEVER You could in theory request Strike Out on the grunds that the Defence has little chance of success as it relies purely and soley on the [11/13 point Defence documentation]. If the judge agrees with you that it is unreasonable for the Defendant party's entire case to be made up of their intial Defence document, ten he/she may well Strike Out. I think this has more to do with the personal attitude of judge rather than procedural case law (as there is very little of that regarding bank charges). 2) To have the stay removed- do i just turn up in court with the letter (the template that is on this site)? Or do i need to send it in advance? Or use the N244 that some people have mentioned and pay £35 or £65? You need to send this in advance and ideally to reach the court more than 48 hours before the hearing date. Unless you are exempt from court fees, you will have to pay. 3) Has the letter that is on this site to have an application for stay to be struck out actually worked for anyone? Barclays were recently refused a Stay in this Claim : http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html 4) I would add wording it something like, "The Claimant contends that any Stay of a period exceeding one month would seriously and detrimentally impact on the Claimant's ongoing financial difficulites and owing to the exceptional circumstances of this particular case regarding undue financial hardship, the Claimant seeks removal of the Stay. In support of these facts, a Income/Expenditure breakdown is attached demonstrating the inability of the Claimant to suffer any unneccessary delay in the expiditous trialling of this case." The above is just off the top of my head and since it's before 8 am, I'd ask you to forgive any typos or bad grammar

Hi Cam I hear what you're saying, perhaps I'm suffering from the optomist bug! . I wonder if in certain cirumstances it can be, such as part of a subsequent Wasted Costs or where the Stay was brought by the loosing party (ie Defendant). Regular site users can't have failed to notice a lull in posting diversity and a clear anxiety/frustration in recent posts. It is undeniably frustrating to have to wait now especially as many had already planned how they could utilise their settlements. All I can say for now is don't give up heart, there are likely to be quite a few more developments before the big Case and hopefully a surge or two by Consumer Power

I guess the other thing to remember is that whenever each claim is settled (whether it be before or by the OFT TC), the fee will be reimbursed as part of the settlement.

HI aude Yes, you do include all correspondence (to show the process pre-litigation etc). You will list them under your LIST OF DISCLOSURE as following example: I, [insert name]of [insert home address] Intend to rely on the following documents in court - 1. Correspondences File Ref .....Date .......Description ......................... ......................... No. of pages (A) 20/04/06 Letter: Request for repayment of charges to Barclays from YOU - 1 (B) 02-05-06 Letter: Barclays acknowledgment of (A) from YOU - 1 © 08-05-06 Letter: Letter Before Action to Barclays from YOU - 1 Hope that helps

Hi Marcelle It's a tircky one because the Preliminary is on the Friday and court bundles required by the next Wednesday otherwise I would have suggested you wait til the hearing to quantify whether the directions were correct. However, it is always best to play safe and always always comply within the time frame to orders from the court. a) Each party shall delivery to every other party and the court offices copies of all documents on which he intends to rely at the hearing This is asking for your full court bundle so I would print take all three copies to the hearing so you can hand them to Barclays and court in person (saves on massive postage); c) The claimant is to prepare a schedule setting out the details of all relevant charges, including amounts and dates, to be included with the copy documents. Fine, this will be part of your bundle in a) anyway. d) The original documents shall be brought to the hearing Again, your bundle will be made up of all the original copies so once more, this is covered in a)

Hi Penfold Hopefully you will get some expert responses in respect of claiming on the grounds of monies reciverable due to an unenforceable debt. My first step would be to contact either MCOL or your local court (whoever you filed with) to check whether a Defence as been received by them and is awaiting processing/forwarding to you. If they are suffering a backlog, they might not be in a position to even confirm whether Defence has reached them yet in which case, you'll be asked to contact them again in a few days. MCOL Contact details : The Customer Help Desk 9:00am to 5:00pm, Monday to Friday on: Tel : 0845-601 5935 Fax : 0845-601 5889 If you prefer to write your query instead, please contact: Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH or e-mail to customerservice.mcol@hmcourts-service.gsi.gov.uk

Saintly - would CAG benefit from getting hold of one of these leaflets or at least an uploaded scan of it? Deesco, whoo hoo, hope the sun comes out for you to get a little sunbathing time

Wow Fox, in the light of recent events, that's quite something. Have they put the offer in writing? As soon as they have, it's almost certain they will honour it even if they stall and you have to proceed to court - any settlement offer dated from now onwards cannot reasonably be retracted by bank on the basis of awaiting the OFT Test Case.