walton v barclays **ANOTHER WON**

[quin1962]

I am in the same boat as you and just got back that Barclays are defending the claim and off to do even more thorugh work on preparing a case. No doubt Barclays will wait till the last minute to submit their defence. Although their acknowldegement came through in less than a week. Good luck with your case and will be keeping a close eye on events.

[Rebel UK]

Hi Guys,

 

Please check my thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=1346

 

I am further down the road than you and it may give you some tips on how to proceed from here.

 

Rebel

[paulwlton]

well barclays have till monday to file a defence, i think they leave it to the last couple of days just to put people off and hope they bottle it. will keep you posted.

[maisielou]

Barclays filed there defence on day 27 with me:mad:

[paulwlton]

just one concern at the moment the particulars of my claim was very basic. due to the amount of characters you can use, could this be a problem. they may say in there defence that it's just a summary.

[paulwlton]

just been on moneyclaim site, the 28 days are up, and guess what, barclays have entered a defence, that is a shock, so now the waiting game begins, i think the next stage will be contact from the court. will keep updating.

[embleton01]

just been on moneyclaim site, the 28 days are up, and guess what, barclays have entered a defence, that is a shock, so now the waiting game begins, i think the next stage will be contact from the court. will keep updating.

 

Stick with it Paul, they're just trying to intimidate you - we're all behind you!!

[paulwlton]

thanks for that. keep you posted

[paulwlton]

just received barclays defence, It says the particulars of claim are summary and the claimant has failed to identify and state any cause of action against the defendant to establish any legal liability for the sum claimed. they also state that i've failed to identify the precise charges. when i filled moneyclaim in, it would not let me enter all the info i wanted to include, so i made it very basic, stating the amount i was claiming plus interest, and saying i beleive these were taken unlawfuly. and i am claiming the last 6 years back. should i make a new claim or could this claim be altered. any advice would help.

[callumsgran]

have you made a list of charges? if so dont worry you can produce them in court!!!

[paulwlton]

yes i have a schedule of charges. it's the legal liability part i'm concerned with.

[Pillowatrick]

Paulwlton,

No, you haven't done anything wrong. This part of the defence can be seen as one more of Barclays 'stalling tactics' - they know very well how much they've charged you (after all, it was the bank that sent you the statements which you used to calculate the charges!). As long as you have kept a schedule of charges & interest, don't worry. I would send them a copy of this breakdown (recorded delivery of course), and then mention to the court that you have done so when you receive information about your court date, when you are getting all of the paperwork together.

[paulwlton]

thanks for that, because i didn't include the unfair (contracts) terms act 1977. and the supply of goods and service act 1982 s.15. etc. the legal basis of my claim, could it get thrown out. Is it wise to send a letter to the litigation department of the bank, and one to the court, including my schedule of charges. so mad with myself, like i say i included all this info but when i inserted the paragraphs about claiming interest it wouldn't allow it, so just went basic.

[paulwlton]

Any advice would be helpfull, should i fill the questionaire in, send it back and wait for a court date, or do i send particulars of claim with list of charges to the bank and court. if i leave things as they are and it gets to court, could it get thrown out.

[paulwlton]

Yes i have, i've decided to send the court and the head of litigation a list of my charges, aswell has a upgraded particulars of my claim.

[paulwlton]

Received the banks defence 12/7/06, they say the particulars of my claim is more of a summary and there is no list of charges, just upgraded my particulars and sent a copy each to the court and head of litigation along whith a list of charges on my spread sheet. the questionaire needs posting to the court before the 29th. keep you posted.

[paulwlton]

i am going to photocopy the questionaire for future reference, is it wise to send one to the defendant, i'm sure i read somewhere it's better to send one off.

[paulwlton]

thanks, in the post 17/7/06,

[Bookworm]

6 Barclays threads merged. Please stay on 1 thread per claim for all your updates and queries. It will make life easier for all, and will ensure that vital info doesn't go missing or unanswered.

[paulwlton]

Just received this through the post, was looking forward to a court date.

 

 

Upon the courts own motion. The Court has made this order of its own inititive without a hearing. If you object to the order, you must mke an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT the proceedings be stayed pending the decision in Lloyds TSB v Elliot.

 

I've just rang the court, apparently they are waiting the outcome of this case in the court of appeal before they hear anymore cases, any idea what my next step is.

[Rebel UK]

Errrr Isn't Elliot vs Lloyds settled ? Lloyds settled in full I believe !

 

Rebel

[paulwlton]

I too beleive this to be the case, i will contact the court tomorrow and find out what is happening, is their a link to the Elliot case anywhere.

[paulwlton]

I've sent the clever letter Bankfodder has posted into court to try and get the stay removed, it also informs the judge what the layman is up against concerning the banks tactics.

[chindley]

Defo settled, I remember it at the time.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/16520-elliot-lloyds-test-case.html

[paulwlton]

I'm in the process of putting my case together, is their any links to the acts needed for court and the relevant paragraphs.