West V Barclaycard

[west]

Hiya as Barclaycard have said they intend to defend I have been sent an Allocation Questionnaire, I have been reading through the notes on this and have understood most of it I am just wondering if anyone can help me out on section G, my claim is only for approx £200.00 so do I need to put the following or is that just for claims over £5000.00? or do I just put in the bit about the hearing lasting no more than an hour?

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I estimate that the hearing should last no longer than one hour

[Deller]

Yes put in section G as you've stated in previous post.

[west]

What the whole lot?

[Deller]

Yes all this.

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

[Deller]

It will fit......at a push.

[west]

Thats great thanks for your help.

[Deller]

Anytime.

[west]

Hiya since filling out my Allocation Questionaire back in December I have heard nothing more is this normal or should I have heard something by now, has anyone else been through this stage if so can you let me know how your went after sending in AQ

[silentcharisma]

It took ages for me to hear anything from the court, in the end I rang them to see what was going on, took ages for my claim to go on file, eventually it went on the system and they said I was looking at the middle of feb for a court date, and couple of weeks later got a court day 20th feb. So I'd just give them a ring if I were you.

[west]

Have they settled yours yet or are you still waiting?