JS1 vs Monument- trading under Barclays

[innocent]

So do i need to send the basic court bundle??

 

What did the letter say?

 

What type of court date is it?

 

You would be directed to submit your court bundle normally

 

 

Innocent

[JS1]

Ok,

 

it says this

 

the papers in the claim were considered by district judge ***** who allocated the claim to the small claims track to be heard

 

at ***** county court. 17th Aug estimated time 15 mins

 

The following directions apply

 

1

The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) Any witness statements.

• e) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

i'm not sure who the legal team will be, do i call or send in the court bundle. Sorry to sound a bit thick but i'm finding this section hard to understand with regards to which documents i need to supply to the court.

 

any help would be greatly appriciated.

 

cheers

 

JS1

[bennyowen]

1a) Submit the schedule of claim for charges (spreadsheet) containing the unlawful charges

 

1b) Submit bundle

 

The following link may help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[JS1]

Can anyone tell me if there is a different link for the OFT summary in the court bundle? That one leads you to a blank page on the website:confused:

 

cheers

 

JS1:)

[JS1]

Can anyone help me with this summary report?? I can't use the link from the zip file? I need to get this sorted as my deadline is the 20th. Any i'm away with work all next week.

 

can anyone send me the new link so i can just copy and paste it into my address bar please?

 

cheers

 

JS1

[bennyowen]

Here we go:

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

[bennyowen]

And this if you need it:

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

[Trucker]

Just a thought JS

 

Have you tried contacting the litigation team to see if they want to settle... before you prepare the bundle.

 

All contact details here. Most people seem to be getting a response from dino

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[JS1]

Wow!

 

That was interesting, spoke to a lady in the litigation and she said to call back mid july to settle! She apologised that she could not settle this very moment due to them only dealing with this months claims.

 

Thanks trucker.

 

oh and i have found the OFT summary.

 

cheers

 

JS1

[Trucker]

JS

 

you should maybe email now and get it in writing. Mid July... mmmm you still gonna have to submit court bundle. Don't take their word for it, keep to the court timetable until you got cash

[saintly_1]

ok you will need to submit your court bundle tho JC as your court orders say The Claimant (you) shall within 21 days of service of this order send to the Defendant and to the Court:

 

Which means 21 days from when the letter was dated

[JS1]

oh yes the bundle is still on its way to court.

 

thanks for the help

 

cheers

 

JS1

[innocent]

I agree totally with benny and trucker

 

Like I said yesterday they do like to settle over the phone (usually) and normally only a few days before the court date

 

 

As others have said, please submit your court bundle as per normal, but I think perhaps you will never actually use the bundle within the court

 

 

Well done!

 

Innocent

[JS1]

Thanks for the support, fingers crossed.

 

cheers

 

JS1

[Bradden]

My wife's just received a full offer .. 2 days before we're due in court

[innocent]

BIG CONGRATULATIONS!!!!!

 

Bradden

 

& WELL DONE!!!!! :grin: :grin: :grin: :grin:

 

 

Like I said JS..... they "always" pay out a few days before (any sort of) court date.....

 

patience.... if it helps? they are not as bad as lloyds.... lol

 

 

Innocent

[bennyowen]

Congrats Bradden.

 

JS1, it will be yours shortly.

[Tipsy0nBacardi]

CONGRATULATIONS :D :D

[shane5408]

hi guys,

 

currently fighting monument for my charges back, LBA time frame almost up now, plan on filing N1 Claim; just wanted to know which address for Monument i should use on the N1 form? I know that they operate under barclays but they have also recently been taken over by Raphaels' bank?

 

thanks,

Shane

[JS1]

Hi

 

Right its crunch time!! Had a call from litigation this morning offering all my charges back! They said they cannot pay me back my contractual interest! This is a large amount of money.

 

1. Is it a blag?

 

2. I have a court date, if it goes to court will i get conractual back?

 

3. Has anyone won contractual of a large amount.

 

 

Any help would be great as its about to come to a end.

 

cheers

 

JS1

[bennyowen]

In my opinion, if they offer all charges back plus court cost plus 8% statutory interest, that will be cool.

 

I have not seen a lot of people getting contractual interest, however some people are getting it paid before court hearing date.

[shane5408]

In my opinion, if they offer all charges back plus court cost plus 8% statutory interest, that will be cool.

 

I have not seen a lot of people getting contractual interest, however some people are getting it paid before court hearing date.

 

 

I actually got back my charges, the 8% interest and the contractual interest!! Though I think this was an oversight on the defendants (Capital One) part. At the time of lodging my claaim i was unaware that you could either claim one or the other NOT BOTH so i put both on the N1 form. Then a few days ago I get a letter from them saying that in an effort to resolve this out of court they are settling the whole amount!

[Trucker]

Hi

 

Right its crunch time!! Had a call from litigation this morning offering all my charges back! They said they cannot pay me back my contractual interest! This is a large amount of money.

 

1. Is it a blag?

 

2. I have a court date, if it goes to court will i get conractual back?

 

3. Has anyone won contractual of a large amount.

 

 

Any help would be great as its about to come to a end.

 

 

 

cheers

 

JS1

 

Take a look at this thread from HBOS forum

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=contractual+precedent+lost

 

Also have a look at (i Think) Boba Fetts thread. He started out claiming contractual but ended up settling for about 15.9% (not compounded)

[JS1]

I think i'm gonna go for it, the only reason my account is in this mess i because of interest and charges.

 

will keep you posted.

 

Thanks for the help

 

 

JS1

[shane5408]

I think i'm gonna go for it, the only reason my account is in this mess i because of interest and charges.

 

will keep you posted.

 

Thanks for the help

 

 

JS1

 

That's the spirit!, I'm also going for contractual against monument, best of luck!!