Jump to content

dar£n

Registered Users

Change your profile picture
  • Posts

    3,270
  • Joined

  • Last visited

  • Days Won

    3

Everything posted by dar£n

  1. Hand deliver it......but get a receipt for it
  2. In response to sequenci I agree as long as the offer is made from the bank as ''a gesture of goodwill'' the payment should be okay. I have just read the thread and have to agree with everyones comments about actually pursuing it to the courtroom,, your only hope would be that they settle before the hearing but in this case I really do not think they would.
  3. http://www.consumeractiongroup.co.uk/forum/barclays-bank/102658-claim-against-barclays-post.html
  4. if you have not replied to the courts directions ordering the bundle to be submitted by date xx then take them in asap and plead ignorant, make out that you are concerned that you received the letter concerning the stay but you havent received the details of any court date or directions. with big innocent eyes ask what they advise is the next step and request your court bundle to be added to your file pending the eventual hearing. just a thought
  5. http://www.consumeractiongroup.co.uk/forum/abbey-bank/105208-abbey-contacts.html
  6. and yes signa is spot on, the Litigation Team are not discussing settlement etc as they were a couple of months ago...
  7. you will probably be met by Barclays representative, who will be there to ask for a stay in proceedings. You can apply to have this lifted if you think you will benefit. see here if youre a little aprehensive about the court room http://www.consumeractiongroup.co.uk/forum/barclays-bank/109722-going-court-dont-make.html?highlight=make+me+laugh hopefully you will get the point that these places are not as daunting as you first think.
  8. just in case: http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html
  9. sorry forgot to add........dont forget to change the bits that need changing to match your claim
  10. dont worry about the length of time allocated.......it is because they will be handling multiple claims on the same day
  11. WITNESS STATEMENT Quote: case/claim No: [cLAim number] In the [insert court name] County Court [insert name] CLAIMANT -AND- [insert name] DEFENDANT First WITNESS STATEMENT OF [insert name] I, [insert name] of [insert home address] will say as follows:- 1.I am the CLAIMANT is this case. 2.I make this Witness Statement in support of my xxxxxxxxxxxxx 3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. On 23 March 2006 I wrote to the Defendant requesting a refund of charges. 5. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response. 6. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response. 7. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim. 8. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006. 8: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006. 9. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant. 10. A list of charges applied is attached to this Case Summary. 11. The Claimant contends that:- a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?) 11. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged; ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00). iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges. 12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure. a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated. b. I understand that it is in the Courts discretion to do so. Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages. Dated this day of 2006 Signed [type name] yes cos if you dont attend it will be struck out. No, theyre not responding anymore, just refer to the outcome of the test case...unless you get judgement then you can contact them okay?
  12. If the Test case is succesful and rules in favour of the claimants..part of the case is to have all charges refunded to all customers without having to claim. Even if this doesnt happen, your claim has already been processed so you are in the queue,, and at this stage prob the best place to be cos once they do rule in favour, millions of claims are going to hit the courts causing a huge waiting list, to which you will be near the top for settling. hope thats made you feel a little more positive
  13. Std defence claiming that your POC's are pooh. look here for new POC's http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107604-new-poc-n1-barclays.html Also you will need to include your SOC's..you may have already sent them ..it is std Barclays tactic to stall saying that you have failed to provide exact evidence to support the claim. What court are you allocated to? see here to see how things stand at the moment http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html
  14. You need to post on here what your POC's were. you may need to use the N244 to amend it with the updated POC's Im assuming you have the SOC's up to date and ready to go. have you prepared any of the court bundle?
  15. Hi Leccy lemsip, i know it wasnt the perfect outcome, but at least it gave you a taste of the court room and showed it not to be the scary dungeon everybody thinks it will be. Moony seems to side with the fact that the OFT test case is going to be victorious for us and not the banks which is always good to hear,,, wouldnt it be just brilliant if it was moony that was the judge at the test case..
  16. You CAN apply to have the stay lifted, but as to date we havent heard of many people succeeding. You CAN submit your bundle if you wish to get it out of the way...just add a covering note to have it added to your file. Personally, Id wait, you may come across some juicy tit bits you can add to it to help your claim later.
  17. bigger letters PJ incase he doesnt understand......lol like this CONTACT THE LITIGATION TEAM........ NOW!!!
  18. Stick to your deadline before sending in the LBA. Then file the N1 at your local court. DO NOT USE MCOL your claim will definately get held up If you follow the N1 route there is a chance your claim may get through, depending on where you live see here http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html if you get stuck in preparing the N1 POC's post on here to get it right.
  19. Have you contacted the Litigation Team and suggest they save themselves the embarrassment of being on SKY NEWS by settling before you send in the boys.. Im not kidding either, if they do push it to the max, get as much media coverage you can on the day they crash the doors, I know SKY and BBC will be interested in covering it.
  20. Hey no thanks necessary Tony, twas you that did all the hard work We just try to point you in the right direction ..... .....
  21. tez, do me a favour......lol on your next post can you start a new line for every new sentence. might make it easier to read... If I were you I would get down that court house and ask for a copy of the judgement, prob cost you a couple of quid but its better than waiting til the court date.
  22. Tez, been reading tony's posts.... question, I know youve prob posted somewhere but your thread isnt exactly the easiest to follow..lol HAVE YOU ACTUALLY CHASED UP THE JUDGEMENT? HAVE YOU BEEN ADVISED THAT YOU HAVE JUDGEMENT? If you have.......... contact the Lit Team and tell them you want it settled.
×
×
  • Create New...