I tried to claim through Small Claims court. struck out

[bankmoneyback]

Dear all,

I have won three cases from Alliance and Leicester but Barclays has charged me about £300 in charges when I tried to claim last year, their litigation team defended it. I held on but after filling out the form it was struck out.

 

I am thinking of attempting it again but I dont know if I am allowed due to some "double Jeopardy thing" that I dont know about.

 

So am I allowed to proceed again.. this time I wish to start properly and write a letter first before pushing it through the small claims court

 

Bankmoneyback

[BankFodder]

No you probably can't start again. But was it struck out on the merits of your argument?

But can you go through the story. you say the claim was struck out rather than you lost. This indicates to me that there was a defect in your procedure.

I think that we need to understand and also maybe it is something which you could recommence - but probably not.

[bankmoneyback]

Sorry for not being clear.

I tried to claim back the charges that were applied on my account but I went through the claims as I have done for my alliance and leicester account. The claim was acknowledged then a few days later they filed for the defence and counterclaim. I recieved a copy of this form which they filed. I thought it will be a way of threatening me but I was sent a form my the court -- an allocation questionaire for the local county court. Eventually I received a letter from the local court to say that the case has be struck off. I cannot for the life of me find that final letter......

[Guest stephen]

write to the court asking for a copy of the letter they sent you.

[BankFodder]

Double jeopardy applies throughout. In fact it applies less so in crime now since the rules were changed in the 1990's. You can get permisson to prosecute on the same facts from the A-G (I think)in certain circumstances - so now with new technology if DNA evidence is found to show that an olde case was wrongly decided, you can get permission to have another go. - not really my area so I'm not sure of the details.

 

However if it is posisble to litigate on different facts, It may be possible.

Don't hold your breath but I'll do some research and come back.

 

If you could find some other money that you hadn't claimed before you might be able to get them back into court on that.

[simonjohn]

Sorry for not being clear.

I tried to claim back the charges that were applied on my account but I went through the claims as I have done for my alliance and leicester account. The claim was acknowledged then a few days later they filed for the defence and counterclaim. I recieved a copy of this form which they filed. I thought it will be a way of threatening me but I was sent a form my the court -- an allocation questionaire for the local county court. Eventually I received a letter from the local court to say that the case has be struck off. I cannot for the life of me find that final letter......

 

Did you return the allocation questionaire in the timescale that was required ?

 

And did you follow the Directions of the judge ?

 

If not this may explain why the case was struck out.

[bankmoneyback]

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