Mr Rob V Barclays

[The_Badger]

The AQ only includes a court fee if your total claim is over a set value (my claim is for over £700 and didn't require a court fee to be paid when I sent my AQ).

 

Its best to ring the court to check.

 

Hope that helps.

 

The Badger

[MR ROB]

Badger, my claim is for over the £1500 limit so it's £100. Do you mean ring the court regarding their defence not being signed? Surely they wouldn't forget something like that.

 

Thanks

[The_Badger]

Might not be legally binding if they haven't signed it.

 

Mine says:

 

"I believe that the facts stated above are true. I am duly authorisedby Barclays Bank PLC to sign this statement on its behalf."

 

If they haven't signed it surely that means that the defence might be a pack of lie and would be inadmisable - also how does the court know that the defence was even written by someone with authority to speak on behalf of Barclays.

 

Ring the court - or better still send a letter to the dictrict Judge at the court with a request that he look at their defence and decide if he will allow it - if not request judgement in your favour to end the case!

 

Worth a try.

 

Good luck

[MR ROB]

As the defence was submitted online there was no signature. Durr i didn't even think about that. Never mind it was worth a try.

[MR ROB]

who do i make my Allocation Questionaire cheque out too? It doesn't say anywhere on the form.... HMSC.. i got it.. so thats in the post today.

[mrsfoot]

Sorry for hijack, but how much is the cirrent charge for failing DD with Barclays....meeting Mp this afternoon and need info...

[MR ROB]

35 of your english pounds i beleive my good friend.

 

Rob

[MR ROB]

Ok then AQ is sent and it's going through Birmingham county court. Does anyone have any ideas as to the waiting times for getting a court date at Birmingham? I know i only have a week or so to find out but i'm just impatient! lol

[The_Badger]

Ahh online defence = no signature ... Muppet ;o)

 

Made me smile on a monday morning at least.

[MR ROB]

ok i think i mave have made a big mistake. I've handed my AQ in and when i rang them on Thuresday i was told my file was going down to the judge so i'm just waiting for a court date now.

 

I never sent the court a copy of the charges. Are these essential or just good practice. Can someone just put my mind at rest.

 

Anyone?

 

Thanks

Rob

[MR ROB]

anyone?

[sandbag]

ok i think i mave have made a big mistake. I've handed my AQ in and when i rang them on Thuresday i was told my file was going down to the judge so i'm just waiting for a court date now.

 

I never sent the court a copy of the charges. Are these essential or just good practice. Can someone just put my mind at rest.

 

Anyone?

 

Thanks

Rob

Hi Rob - could you not send a copy of your charges schedule to the court manager and ask that it be included in your file?

 

Regards Sandbag.

[MR ROB]

Cheers sandbag,

i could do but ti think it's a bit late as the judge was apparently reviewing my file on friday. I suppose i'll just have to wait and see. I'm hoping he'll just ask me to send it through to him before the court bundle.

 

Rob

[MR ROB]

Just had my mate ring the court for me as he works as a legal clerk to see how long i'lll be waiting before my ocurt date, here's what he had to say. -

 

Your claim has been block listed for the 13 April 2007 at 10:00 with a time estimate of 10 mins.

 

The reason they are block listed is cause they are all settling prior to that date and no one ever turns up.

The order was dated 9 March 2007 so should be with you in the next couple of days.

 

 

 

 

How does that sound to you lot?

[MR ROB]

Has anyone else been block listed before and will anyone be in with me?

[GaryH]

Yers, more or less all courts block list claims these days, as your mate said its becouse they are all settled beforehand anyway - it cause less disruption to the courts, thats all.

 

When you get the order through have a read of this - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[MR ROB]

Thanks GaryH, order came through today.

#

It says IT IS ORDERED THAT and then waffles on with 11 points in legal jargon that makes no sense to me at all

1. The time and date

2.says how ti's one of a number on the same day, Both parties should be ready for trial on that date. and depending on the number of cases proceeding in that date the judge will give directions as to the order they will bw heard.

3. if the claim is settled the claimant must give promt notice in writing to the court the case is to be discontinued.

4. any party may rely as evidence on a statement of case. evidence of witness to be in writing only.........

5. Any witness evidence of documents to be relied upon by the claimant must be filed at court and to the defendant no later than 21 days before the hearing.

6. it is not necessary for any any party to exhibit the OFT report.......

7. Each party must provide its documents and written evidence (including a copy of any statements of case relied on ) in a single bound paginated bundle clearly marked on the front with case number and names of parties. …. ( so does that need to be supplied 21 days before? )

8. will be no cross examination of witnesses.....

9. no expert evidence is permitted.....

10. The claimant [defendant] must, if he has not already done so, include in his bundle of documents a full list of the charges disputed, specifying the date and amount of each and the reason given for it. …. ( 21 days?)

11. if any party relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing. … (so if they cough up before I need to tell the court 2 days before?)

Sorry i couldn't be bothered to type it word for word but i have on several where i've put questions after.... So i take it i just turn up on the day if they still haven't settled.

[GaryH]

You need the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html, a statement of evidence and your POC and schedule of charges.

 

Yes, you need to submit it 21 days before the hearing - at the latest! Make sure its presented as the order requests.

[MR ROB]

How have you lot been putting your corspondance and statements into the bundle so all the page numbers line up? It's been i while since i've done any project work...

 

My legal clerk mate is telling me not to bother with the bundle as we know they'll pay up and it's just wasting time and the bundle willl just be pinned to the file . If they haven't paid a week before the court date then drop it off then.... Although he does this every day I'm telling him i've come too far to loose it now over a couple of hours work.

[GaryH]

Your mate works in a court? Are you sure?!:o Thats terrible advice I'm afraid and I'd ask him if he's aware of CPR 3.4(2)© if I were you. Yes, the bank will 99.99% settle before court, and the bundle probably won't get used or even looked at in any detail, but the fact is that the court has made an order - you simply MUST comply with it. Faliure to comply with an order can lead to your claim being struck out without warning. You need to comply and comply with the terms as they are stated - I.e. 21 days, not 7.

 

Aside from that, the bank aren't going to be in a rush to settle if you haven't submitted anything are they? The bundle is the final hoop - once they are served with it they usually pay very soon after.

 

If that isn't enough, just read this thread to see the potential consequences of ignoring orders - http://www.consumeractiongroup.co.uk/forum/abbey-bank/45529-sev-shabbey-2.html#post519992

[MR ROB]

Well after about 6 hours or mind numbing scanning my bundle is now ready and will be hand deliverered to the court and into my local branches internal mail today.

 

Bundle looks like this.

 

Front page with Mr Rob V Barclays

Contents page

Statement of evidence

Particulars of claim

corrsepondence

Statements

Schedule of charges

all the legal stuff

 

All pages are numbered... so will that be ok??

[GaryH]

Looks good to me!

 

If/when they settle at the last minute, you could actually request the costs of the work involved in preparing your case, etc. Even in the small claims track, there is a provision for costs to be awarded against a party who has 'behaved unreasonably' - if dodging or ignoring all attempts at dialogue then sending you through months of costly and stressful procedure, only to settle days before court is not unreasonable then I don't know what is! Obviously you should cite the fact that they have also done the same in hundreds of identical cases. Tot up your receipts and hours spent at £9.25p/h, then adapt to suit and sends this if/when they settle if you like - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[MR ROB]

Ok cool thanks Gary, I'm starting to wish this was all over now. Although i'm not scared about court it sure has been a long 5-6 months. I'll get that in today, sit back and wait.... and then make a start on Barclaycard.lol.

[MR ROB]

OK then all done, I handed my bundle into the court yesterday and also into the local Barclays branch to put into their internal mail. The only thing i didn't do was get was a reciept of delivery from Barclays.... hum!

 

Court is 3 weeks friday.

[MR ROB]

I'm just getting impatient now but as Barclays don't have a phone number or email addy for me i'm going to be contacted my mail. Should i give then a gentle nudge in the way of a phone call. If so should i do it now or leave it another week?

 

2 weeks tomorrow till court.