Xena V Barclays - MCOL stage - Help needed urgently

[Xena]

Hi Michael

 

Should I just send a copy of the schedule to that address now or wait until Barclays acknowledge?

 

Cheers

 

Xena;)

[Michael Browne]

Now's as good a time as any

[Xena]

Hi

 

Well, I filed a MCOL on 5th December and have not heard anymore - I sent copies of the schedule to MCOL to file against my claim but have not sent the bank a copy yet - they had 14days to reply to the claim but I have not heard - what should I do?... should I send copies of the schedule etc - what are the next steps.

 

The MCOL has a judgement button (what is this for)?

 

Any help is appreciated.

 

Xena

[Michael Browne]

Issued Dec 5. Deemed served Dec10. Ack by Dec24. Defend by Jan 7

 

The MCOL has a judgement button (what is this for)?

 

For applying for judgement by default. So not yet!!

[Number6]

Hi

 

Well, I filed a MCOL on 5th December and have not heard anymore - I sent copies of the schedule to MCOL to file against my claim but have not sent the bank a copy yet - they had 14days to reply to the claim but I have not heard - what should I do?... should I send copies of the schedule etc - what are the next steps.

 

The MCOL has a judgement button (what is this for)?

 

Any help is appreciated.

 

Xena

 

Hi

 

Send a copy of your Schedule of Charges along with a covering letter to your bank (your banks brach address is fine for this).

 

Pete

[Xena]

thanks for all your help!

 

Xena

[Jachu]

Month & year is fine. You can add charges up to when you file a claim, and amend your schedule.

 

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

 

The information on the letter above is vital.I just saw it now, after I had filed my mcol and Barclays filed their defence saying claimant did not specify detail of charges.But I sent a spreadsheet of charges to Barclays soon after filling my claim online.I did not send the tow copies to the court manager as you have said.Had I done so,I think this could have limited or discouraged Barclays from filling a defence,hence no time wasted.

The problem is that the info in your letter is not available anywhere on the FAQ on this site.Would anyone please add this or maybe I simply did not come across it but its somewhere.

Thanks Mike

[Xena]

Hi All

 

Barclays disputes the whole amount that I have claimed (this was done 05/01/07) - I am being told that my claim cannot proceed online (MCOL) and will be transferred to the appropriate court for continuation.

 

Is this usual? im getting bit nervous now - I see that everyone is preparing a court bundle?? advice needed?

 

Xena

[paulwlton]

Yes. It will be transfered to your local court, it's just a matter of waiting for the AQ now.

[livelylad]

Hi All

 

Barclays disputes the whole amount that I have claimed (this was done 05/01/07) - I am being told that my claim cannot proceed online (MCOL) and will be transferred to the appropriate court for continuation.

 

Is this usual? im getting bit nervous now - I see that everyone is preparing a court bundle?? advice needed?

 

Xena

 

 

Yes this is standard tactics. You will recieve an AQ and a copy of their defence in the next few days.

 

This is the link for the court bundle. Read other completed threads to prepare yourself.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[Xena]

Brill - thanks guys!

 

Xena

[Xena]

Hi All

 

Well they filed defence:

 

1. The Particulars of Claim do not provide details of the precise charges alleged to be unlawful or the date thereof. To extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit).

 

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular without limitation) the following terms and conditions (which are summarised):

a) The Defendant's right to charge a 'Paid Referral fee' where the Defendant pays an amount (either compulsion or election) which causes the amount to become overdrawn - £30 per item (previously £25).

b)The Defendants right to charge an administrative fee if any cheque,. standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c) Th Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

4. If and to the extent it is the Claimant's case that the failure to make necessary payments and/or failure to remain within authorised overdratf limits failure to arrange and authorised overdraft constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges consititute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

 

5. Accordingly, it is denied that the legal principles relating to liquidation damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges are relevant or applicable to the facts set out above. Further or aternatively it is denied that any such charges constitute unlawful penatly charges or are in breach of hte Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1 (e) of Schedule 2), or are in breach of s.4 of the Unfair (contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

 

6. Therefore, it is denied that the charges were unlawfully debited from the account.

 

7. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into Overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

 

8. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

 

9. The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforcable and consituted a breach of contact by the Defendant, those charges which were applied to the account prior to 05 December 2000 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

 

10. In the alternative, and without prejudice to the paragraph 6 above, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unabel to rely on its express entitlement to enforce the charges as set out at paragraphs 2, to 4, above, it will seek to recover to the extent necessary such loss and damage as it actuallly suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the Claimant Barclays Bank Plc.

 

----------------------------------------------------------------

 

Is this a usual response or am I going to court!???

 

I have completed the Allocations Questionnaire and will be posting that tommorow with the £100 fee but do I need to send a copy of the schedule of charges? (I have already send copy to Moneyclaim) and copies were sent to Barclays with my LBA letter - should I send another schedule to Barclays now?

 

Im scared!

 

Xena

[paulwlton]

Don't be scared, it's only a defence.

Have you sent a schedule of charges.

 

Paul.

[Xena]

phew! - I will send Adrian Ruffhead (Barclays) a copy of the schedule or charges tommorow by recorded delivery - I will also send the allocation questionnaire with payment - do I need to do anything else? Whats the court bundle?:idea:

[paulwlton]

After sending the AQ off it's just a matter of waiting for a court date, the court bundle is just documents you send to court and the other side before the hearing.

 

Basic Court Bundle

[TANZARELLI]

You need to include in the court bundle, copies of your statements and all corespondences between you and the defendant. This is usually needed to have been sent aand received by both parties 14 days before the court date, but it can be useful to send in in earlier as this can get an earlier settlement.

 

Tanz

[Xena]

thanks guys.

 

My allocation questionnaire had little space to write in section G (other information for the judge) and the text went outside the box and into section H a bit - it is readable but wanted to check this is ok (or are the judges picky about these things).

 

Also, I have had more charges since my initial schedule was sent to MCOL - should I re-do the whole schedule or just add the extras? im worried that the interest will come out incorrectly?

 

Im just really worrying at the moment that ive got things wrong

[junklunacy]

Hi Xena, in the 'other section' i put a note to say please see attached info for your consideration. Attached was the New Strategy of the AQ. Read this blog for further info.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Please see my claim against Barclays here http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

 

and Alliance & Leicester here

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/55554-junklunacy-alliance-leicester.html

[Xena]

Hi all

 

Well, my court date is set for 3rd May - Im just preparing my court bundle and will be sending this info tomorrow.. few questions:

 

1) Since I sent my schedule of charges to Barclays, I have incurred more O/d fee's - Should I add these onto the bottom of the schedule that im including in the court bundle?

 

2) Where do I include the charges I paid for MoneyClaim online + the £100 court fee?

 

Thanks

 

Xena:)

[dar£n]

Re added costs.

 

Your initial charge will be included in your claim.

The fee for the AQ will be added to your amount when settling.

 

Added fees, can be added but is chargeable with no guarantees they will be included,

I would add these to your final amount when in contact with them to agree settlement,

or

you could start a new claim

or

you could argue them in your local branch, sometimes they will refund them, if they are awkward about it just mention that if they are not refunded you will start the proceedings all over agin which will incurr further costs.

 

Also, do what I did, if they leave it til the last min, claim for loss of earnings too.

[Xena]

Thanks dar3n!

 

Xena vbmenu_register("postmenu_717931", true); vbmenu_register("postmenu_717931", true);

[Xena]

Hi

 

Im just preparing the correspondance for my court bundle and one of the initial letters I sent has an incorrect claim amount as I added the wrong amount of interest on - I send another letter which includes the correct amounts - should I include both letters or just the one with the correct amount??

 

Also, I tried to get a loan the other day and it was declined - I have a brilliant credit history and always pay my bills on time and by direct debit - will this be anything to do with Barclays or the court case??

 

Xena:confused:

[TANZARELLI]

Hi

 

Im just preparing the correspondance for my court bundle and one of the initial letters I sent has an incorrect claim amount as I added the wrong amount of interest on - I send another letter which includes the correct amounts - should I include both letters or just the one with the correct amount?? I would yes

 

Also, I tried to get a loan the other day and it was declined - I have a brilliant credit history and always pay my bills on time and by direct debit - will this be anything to do with Barclays or the court case?? Was the loan you applied for with Barclays? If not then its prob due to your credit file, request a copy of this

 

Xena:confused:

 

Tanz