Action at last!!!

[Delboy01]

Delboy01 - With MCOL you cannot attach the SOC - they need to sent separately.

 

If filed the traditional way by post or in person you should have attached the SOC to your claim form (N1) so there is no need to send a further. copy.

 

 

Me understand now thanks

 

DELBOY

[clairec]

Just want to check in case you have not done so, that despite post 69 you do need to send a copy of your schedule of charges as post 54 to the court and then to whoever is representing the Woolwich as you filed using MCOL.

 

Hi Guido thanks for keeping an eye on my thread! I sent 2x SOC to MCOL when I submitted my claim and then a copy to banks legal dept when they acknowledged claim, just as you advised! Just waiting now......

[GuidoT]

Okay just checking, thought post 69 may have put you off issuing the schedule of charges.

[Thailand]

Guido, just so I'm clear for future reference - I know to issue SOC at MCOL issue, are you saying you need to issue again when they acknowledge? or is this something to do with post 54 that i'm missing?

 

Assuming I've missed something here, apologies to Claire.

[GuidoT]

Thailand - I do not think you have missed anything, I just wanted to be sure that the SOCs were issued - I see too many MCOL claims where claimants do not issue POCs at all, they think because they are in the prelim or LBA that that is sufficient.

 

Anyway just to be absolutely sure:

a) 2 Copies of SOC to be issued to Northampton once claim filed on line

b) 1 Copy to SOC to be issued the Defendants solicitors or the banks in house lawyers. This is to be sent once the Acknowledgement of Service is issued as before that point you do not know who to send the SOC to (I know we all know from this site, but is not formally notified).

[Unitedfan]

Ahh with you, quite right - but boy we do have to send these people the same info over and over!

[Unitedfan]

Me at mates (Thai) whoops:o

[clairec]

Hi folks! Have looked on MCOL and a defence has been entered dated 20/2/07 (this is when i started proceedings) nothing has been recieved by post no AQ so I'm a bit woried what shoul i do? Do i contact MCOL?

[clairec]

Okay dokey! I have received AQ and details of defence. Have completed AQ but don't know what to put in section G other information can any one give me some pointers I'm not to good at putting anything technical into writing without sounding like an idiot!

 

Also in the defence the Woolwich have stated that my POC did not provide particulars of the precise charges alleged to be unlawful. UNBELIEVABLE! I sent copies to the court and copies to them back in March. I have now sent a letter to Mr Adrian St John Legal Counsel at Barclays with yet another copy of schedule of charges with proof of recorded delivery and proof of receipt back in March, they can't then say they haven't had them!

 

Any help with the AQ part G much apprieciated P.S I must have it returned by 14th April.

[e28bigalbexley]

Hi Claire.

Try here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Dont worry about the precise charges as long as when you filed your claim you attached copies to your N1 ( MCOL you should have sent them to main court, Northamton/Nottingham not sure which) thats fine.

 

AL:)

[clairec]

Thanks Al but I looked at the guide a couple of days ago when I received AQ. I still don't get part G, am I to state a case for small claims track or state case for unlawful bank charges I really don't know what to put and the exact point to make! HELP.......

[e28bigalbexley]

Hi Claire

State that their charges are unlawful. List the relevent sections of these acts, UTCC 1999 , UCTA 1977, http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html .

 

Use the above and something along these lines

 

When I signed the terms and conditions upon opening my account in XXXX. I was not aware of the unfair terms I had agreed to as defined by the Unfair Terms in Consumer Contract Regulations 1999. It is only in the last few months that I have become increasingly aware that default fees are not fair if they exceed the cost of dealing with the default; if they do then they are considered a penalty. You say that the fees are automatically added, I assume that this is done by the software doing the account administration which suggests that there is no manual intervention; the cost is significantly less than £12. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963.

 

 

AL

 

[clairec]

Thanks AL your a star! Thats my AQ completed ready for posting thanks to you! I guess I just need to wait for a court date now!

[clairec]

HI there I haven't been on for a while due to a tragic bereavement. I have received my court date for 22nd of June. Now that the Woolwich are no longer and we are dealing with Barclays I was wondering who i contact to discuss setlement before court date and if I should phone now or in a week or so? I have been looking at the Barclays thread and people are receiving settlement from them but I don't know how it will work claiming from the woolwich through Barclays? Any help or advice would be much appriciated as my head isn't quite functioning to its full capacity at the moment!

[Thailand]

Hi Claire,

 

I'm sorry to hear about your loss hun.

 

Don't worry about the Woolwich/Barclays thing, whether Woolwich were still open or not you'd now be dealing with Barclays anyway. Its worth a shot calling. Check out this thread

 

I think people are having mixed fortunes with this, sometimes they only pay up nearer the court date - sometimes sooner. Have a read around the Woolwich/Barclays successses for some inspiration.

 

When I rang, I said I would rather be sending a noitce of discontinuation - than a court bundle.

 

Good luck and keep us informed. Don't forget its just a matter of time before you win.

 

Thai x

[Thailand]

Read here too x.

[clairec]

I bit the bullet and called Barclays today, spoke to the guy dealing with my claim, Robert who told me he is new! He said they definately will settle before court date and will send me out a letter next week confirming this.

 

I told him he would be in receipt of my court bundle next week as I intend to go to court unless I receive letter, he said only a small percentage of claims go to court and those are the ones that slip through because they are so busy, he said they aim to settle all claims 2-3 weeks before court date.

 

Any way I'll keep you posted on when i receive letter!

[e28bigalbexley]

Hi Claire

Just make sure you stay on his case the are busy and have very short memories get his email as well just to keep reminding him:D

 

AL;)

[clairec]

Its 1.30am and I am in a panic that my court bundle is not complete, I don't have a copy of t&cs, I'm really worried I don't want the woolwich/barclays receiving my bundle this week and its not correct then they will have the upper hand knowing if it goes to court they will win..... with my brother passing away suddenly i feel like this is all too much, Ive done the basic bundle but then should I add in statement of evidence (suggested in AQ which i didn't add)?

 

If this is the case I can't get the link for the Australian default charges report (nicol rich) to work.

 

Also my upto date schedule of charges spreadsheet is more than i had stated at MCOL i think this is correct because of the interest accruing daily do I just print this off or should my schedule be for the original amount??

 

HELP please I'm in a panic now..................

[e28bigalbexley]

Hi Claire

Ok try not to panic, just send in the original schedule, the 8% interest can be added up at the end of the claim, as long as its on the original with a total and daily rate thats ok.

I see what you mean about the Austrailian default charges report, no it does'nt work, the only thing i can find is this Bank Fees and Charges - 01/06/2004 - URG MOT - NSW Parliament

 

Hopefully someone else may post the original.

 

T&C can you not download them from the website?

 

Sorry about your loss, and this must be a strain, you are doing well keep going.

Give them as much of the bundle as you can.

I still believe they will settle before.

 

Strength and determination you have plenty of that:D

Bless you

 

AL:)

[clairec]

Thanks AL! Here I am upto all hours trying to do my bundle!!

 

Thanks for the link I have printed that off, i can't access the woolwich open plan due to it transfering to Barclays so I guess I'll just have to send of bundle minus the T&Cs and hope for the best.

 

I called Barclays lit team today to find out if they had posted settlement letter. They told me their accounts team are very busy and I should receive it next week, a bit sneaky I think they will wait to see my bundle before settling!!!!!!!!!!

[dar£n]

Claire,

Phone them up to day saying youre not very happy being promised settlement and receiving nothing.

Tell them you want it settled before the end of business today.

 

email the whole group if necessary.

[welshcakes]

... and mention staff members name's in the email Subject line if appropriate (FAO) - try to demonstrate that the buck is gonna stop with someone. Can't think of anyone wanting to be personally cited in court.

[clairec]

Hi there! Spoke to Robert (not richard!) he said he has given my SOC to accounts dept and will have settlement for me tomorrow, unfortunately I have only just popped on so I'm too late to call him back but first thing tomorrow I will call him. He did tell me last week I would have settlement letter by today!

[bigmama59]

Have you heard anything?