stay cool...just try to follow the steps here and you will be absolutely fine. They are still settling..indeed it seems that Barclays have got their act together and are settling quite quickly once you have a court date even if it is quite a long way off. From what I understand they were taking it right up to the wire and not settling until days before court dates - good news for us though xx

Hi Katie When you did your Schedule of Charges did you use the XL spreadsheet in the templates section? If you did it will calculate interest for you, if you didn't go to the templates library, find the spreadsheet that deals with interest and fill all your figures in there - it will add interest to each charge for you automatically right up to todays date. Keep going hunni, I got my settlement offer today and I am smiling like a cheshire cat. I had a court date for 31 July so Barclays are look to settle early - don't panic xxx

Woooooohoooooooo!!!!!!!!!!! :lol: :lol: Phone them tomorrow EL - I win!!!!!! I WINNNNN!!! Letter received by email today which I have read, re-read and triple read!! Couple of minor changes that need to be made but essentially full settlement including interest and court fees how:cool: is that?? WOn't beleive it till I have the cheque in my hand tho!! GO FOR IT nothing to lose and everything to gain

Hi EL Phoned Kate yesterday and she is still waiting for response from her accounts department - so i am still waiting for a response from her. not going to chase every day as I don't want to appear too eager, however she said she should know something by the end of the week - zzzzzzzzzz!! On a not so pleasant note, received a Notice of Recovery Action from Equidebt regarding my overdraft which Woolwich now want paying back. Am I right in thinking that they cannot send to a DCA while the account is in dispute - any advice would be appreciated, including any letters that I can send to Wooly/Equidebt to put a stop on any action until matter resolved...Course when they give me my money I will give them theirs!!!! Thanks???

Hi Spongebob Unlke Caz i took the N1 route, this meant I could hand the papers in to my local court. The biggest downside with this is that you will have to keep phoning to find out progress if you are impatient like me Also my understanding is that MCOL is a bit quicker in terms of the papers being put under the judges nose - my case is a fine example - the paperwork having been overlooked for somerwhere close to three weeks!!!! Hope this helps Yogachick

Thanks Caz I will try Kate again tomorrow afternoon, and if I get no joy will ring Krysta - see what we can come up with:cool:

Thanks Caz - here's hoping...you don't happen to have Krystas' direct dial do you? just in case Kate is dragging her heels Is Krysta Kates boss?

Well done Caz You getting there makes me feel like I may be about to get an early success - still waiting on a call back from Kate Ashton, though I did get an email from her after we had spoken and I had emailed over a SOC - saying she would deal with it as soon as she heard from her accounts department ....waiting, waiting, waiting EL - you go girl, give it a try - lets hope we both have some good news real soon xx

Thanks for the heads up Thai, I will bear in mind that I am being recorded and not get doubletalked into anything - not now I have come this far

Hi EL OK I have just spoken to them, on the premise that i wanted to find out who was dealing with my case and who I should send the court bundle to. The nice lady who is dealing with my case asked if I had a court date yet and when I told her that I have she asked if I was looking to settle early??? I then called her back and asked what their current position is on that and she said that they were going to be very busy in June, could I send her a schedule of my claimed amount and she would talk to accounts...so I would call on that basis if I were you. Now sitting and waiting to see whether they come up with the full offer :o

Hi Electric Been following your claim as you were never far behind me...and now have moved ahead. I have a court date for 31 July and have been wondering the same as you, call now or wait ??? Good luck whichever you decide to do xx

Hi hunni Was his name Dino by any chance...I hope so, he's dealing with my case I have found out today, having received a court date for the 31st July. Unfortunately he's not in the office this afternoon (if he's dealing with 1000 cases on his own he's probably suffering from burnout poor love).

Thank you very much for the advice Benny - meditating and not calling, will bide my time x

Hi Benny Umm what I have received is titled as follows "Notice of Allocation to the Small Claims Track (Hearing) says "District Judge Tetlow has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 10am on the 31 July 2007 at Milton Keynes County Court and should take no longer than 1 hour 0 minutes. The court must be informed immediately if the case is settled by agreement before the hearing date" Also says that several small claims are listed for 10.00 because many disputes are settled either before the hearing or very quickly on the day. The orders attached state basically that each party needs to deliver to every other party and the court offices copies of all documents on which he needs to rely at the hearing. No later than 14 days before the hearing Original documents to be brought to the hearing. Statements etc, etc, etc OK should just take deep breath and not rush in like a bull in a china shop at this stage then.... Wait till end of next week???

Hi there sorry to hijack this thread but i hav rec'd court date todat too and am like a cat on a hot tin roof!!! my date is set for 31July, used new AQ but judge did not order my directions:mad: . should i call barclays to see if they want to settle, or should i wait????/

Hi Guys Well to update you I have now received a Notice of Allocation to the Small Claims Track (Hearing). I used the new AQ strategy in the end, however the judge has not order the directions I suggested..just bulk standard info swap 14 days before court hearing (never mind, just means a little more time to wait). The Hearing date is set for 31 July and the judge has allowed an hour and a half for the case. My question is this - should I call Barclays (as they are now dealing with my claim, Woolwich are no more ) and see if they wish to discuss settlement at this stage? Or would I be better off waiting until closer to the court date? ANy advice greatly appreciated

Hi Guys Just wish to confirm some information as I am at AQ stage and do not wish to make a mess of it now. My claim is against Woolwich/Barclays and I have today received an AQ (N150 as my claim is just over £14,000 including the 8% interest). I have decided to use the "New" AQ strategy and am going to use the following, would be greatly appreciated if you could confirm that I am using the correct stuff. Under attached directions (section F), on a separate piece of paper and of course with my own details inserted: " In the XXXXXX County Court Claim number XXXXXX Between XXXXXXXX - Claimant and XXXXX - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order." Under Section H Other Information will attach the following: To attach to section H of AQ "You -v- Bank Plc Claim No:******* N149/N150 Allocation Questionnaire Section G/H - other information If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order. The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; - The actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's. - In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information. Additionally, the Claimant is aware that the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Willesden and Mansfield County Courts. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour." Also going to write in that box "Please find attached to this Allocation Questionnaire; 1) Section H - Other Information 2) Draft Order for Directions In the alternative if this claim is allocated to the fast track I would respectfully request an order of standard disclosure. This AQ and its attachments were sent to the Defendant on (date)" I am hoping I have covered all bases here. Could you also confirm whether I tick Small Claims track on section D or do I tick Fast Track as my claim is over £5,000? Really appreciate your help guys Yogachick PS my AQ needs to be filed by 21 May

OK .... long delay in next step but here we are at last. Turns out my file had been overlooked and the district judge only got to review last week. Have this morning received Barclays defence of my claim with allocation questionnaire. So here goes!!!!! Bit nervy now, as I don't want to mess up, but know that it is nothing that other peeps haven't been through with them before.

thanks looby! good luck with yours too...remember the best thing to do is keep reading and be sure to throw questions out there if you are not sure. everyone here is really helpful and truly wants you to win your case.. keep in touch. just extend that thanks to all who have sent messages of support and assistance. couldn't have got this far without you!!

so kimmy would you suggest i use standard disclosure instead of new aq tacics?

Incidentally, does anyone think we can use the clip from Whistleblower where the manager said most it cost them was £1.50 to £2.00 to bounce a cheque for example as part of our court bundle?

Aw bless... yeah don't worry, I got my offer about the 7th of Feb which was just about the time my LBA deadline expired.... Have just phoned the court (although Wooly had until 28th to respond, had hoped I might slip through the net!! but no such luck!) Seems they put in a defence received yesterday. Here we go..... a weekend of putting together info for Allocation Questionnaire which I think is the next step...but a step closer all the same..Will be using the new strategy so a lot of reading up to do on case law, putting together my paperwork and being sure that I have everything ready if the judge agrees to proposed directions I will be asking for. Deep breaths...yogic calm will see me through, along with all on the forums kind support xx

Have you checked whether the Wooly have responded to the court yet?? I don't know if it works the same in NI but if they haven't responded within 14 days (here) you would win by default...check it out my dear xx

Hope so too bigmama!!! Don't sweat it, stay cool intention to defend is pretty standard i think, just means u r one step closer

Hi Hughes Sorry I can't help with the DCA question...is everything okay with you - any news on the court claim yet? I have received my copy of my claim from court today and Wooly have another week to acknowledge or enter a defence, or not answer (wouldn't that be nice??!!). Just wondered how you were getting on as you haven't posted an update for a while xx