Poisoned Monkey v Barclays ***WON***

[poisoned_monkey]

Ok sent off my letter today with regards to not receivng an A/Q

 

Got home to find an A/Q from the court!!!

 

Where does this leave me??

When i received the copy of the defence it definatly states A/Q are dispensed with.The words were even crossed out in black pen!

 

Any ideas anyone??

[Guest ChloeJane]

Hi there,

 

If you filed with Money Claim and it was transferred to your local court it is their discression if you are sent an AQ or not.

 

Obviously your court requires one - so I would fill it out and send it back.

 

A link to the AQ guide for filling it out is here -

 

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

 

If from the template you copy and paste the section of draft orders - onto a word document and just add "as attached", it is easier than trying to copy it all out.

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

 

All the best,

 

CJ

[dar£n]

Send the completed form back regardless, even if its not required you dont want anything to hold your case up, if they dont use it fine, if they do, its there ready for them.

Also dont assume the £100 AQ fee wont be charged, the judge may still order it, but no worries it comes back at the end.

[Michael Browne]

When i received the copy of the defence it definatly states A/Q are dispensed with

Did not then go on to say 'unless the District Judge/Court decides otherwise'? Looks like your local court has decided not to dispense with the AQ. You can always ring the court on Mon to check.

[poisoned_monkey]

" unless the distric judge/court decides otherwise "

 

This was crossed out in black biro so i presumed it was not applicable.

 

Going to give the court a ring on Monday just to confirm.

[poisoned_monkey]

Just to fill in

 

Sent A/Q off 30/05/07

 

Received Court Date of 18/07/07

The letter mentions my case will be heard in a bundle with other cases

Anyone else got that date for Sunderland County Court???

 

 

Should i wait a week or so before contacting Barclays to try & settle??

[dar£n]

Go for it anytime now, negotiations are usually open within the month before the hearing date

[Trucker]

time to collect

[saintly_1]

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

[poisoned_monkey]

Just a random question

 

 

When i give the litigation team a list of up to date charges

 

do i :

 

 

Add the Court Costs to the list of charges

 

or

List the charges, sub total them then add Court Costs for a final total?

 

 

 

Sorry i worry about the most randon things possible!

[saintly_1]

I would do it the charges +interset then the costs

[dar£n]

when you contact them:

if by phone,

Have you UPDATED SOC's in front of you, this will give you the charges and interest to date.

 

Add on the court fees

 

Add on any NEW charges you mat have incurred.

 

As long as they come up with a figure that you are happy with thats okay. if not, tell them you are happy to go to court to let teh judge decide.

 

If emailing.

add on the above to the spreadsheet BELOW the total amount, save it and attach it to the email.

 

When you get their offer of settlement, change ANYTHING you are not happy with, strike out the 'confidentiality bit.

Add at the bottom, You will only discontinue court action when you are in receipt of cleared funds for the full amount.

 

Any alterations, initial them, if the offer goes onto a second page, sign directly blow the last word on the first page

 

if emailing send it to Krys for example but copy in Dino & Kate [e.g] just to make sure you do get a reply from at least one.

[poisoned_monkey]

Ok emailed Litigation Department today

 

Hopefully here something soon

[poisoned_monkey]

Emailed Litigation Team on Monday

 

Received Response from Dino within 5 mins

 

Sharon Daboul is dealiing with my claim.

 

Have had no response from her so far

 

Sent email again incase she didnt get it the first time

[poisoned_monkey]

Finally received response via Email

 

Up to Date charges put on file and promised to look at next week.

 

Getting there slowly!

[poisoned_monkey]

WITHOUT PREJUDICE

Dear Mr Monkey

I’m very sorry for the delay in getting back to you. Just to confirm, I have received your email of 21st June, and I have already filed the statement you attached.

Unfortunately, I was not in receipt of your email of 19th June. My email account was only set up on 20th June.

As I’m sure you can understand, we are inundated with claims at the moment, and we have to deal with them on a “first come, first served” basis.

I will be looking into the merits of your claim nearer to the hearing date (as soon as I can). I know this must be frustrating but we have hearing dates in early July that we have to deal with first.

Have a good weekend.

Kind regards,

Sharon

Sharon Daboul

Legal Clerk

Barclays Legal: Litigation & Disputes

Level 1

One Churchill Place

London

E14 5HP

Tel: 0207 116 6842

[saintly_1]

That was nice of her

[poisoned_monkey]

yeah she seems pretty nice

 

Just snowed under like everyone else at Barclays i presume

[poisoned_monkey]

Busy filling in my court bundle

 

Just need Terms & Conditions from June/July 1999 or anywhere around that time

 

Ive tried downloading them but doesnt seem to work for me!

 

If anyone can help ill pm them with my email addy

[poisoned_monkey]

Ok at the begging stage now!!

 

Can anyone send me a copy of Barclays terms and conditions from around June 1999

 

Tried the wayback machine website but it just wont work for me

[poisoned_monkey]

Less than 3 weeks to court date

 

I've emailed Sharon again today asking if shes made any progress with my claim & suggested ill be looking to claim back my costs if settlement isnt reached soon.

[poisoned_monkey]

WITHOUT PREJUDICE

Dear Mr Monkey

Just to let you know, your charges are currently being verified with the accounts department, and I should be contacting you again by the end of this week.

Kind regards,

Sharon Daboul

[poisoned_monkey]

In response to the reply

 

I've sent an email with my Litigate in Person costs attached asking politely if they'd consider paying these at the same time rather than apply for a wasted costs order.

[poisoned_monkey]

Got a reply stating that the Litigant in person costs have been added to my claim.

 

 

Fingers crossed they pay up on them aswell!

 

Hopefully it'll avoid the need for a wasted costs order.

[poisoned_monkey]

Received a settlement letter in the post today.

 

For £1495.92 . I was claiming £1526 so im not going to argue over one charge there disputing.

 

No mention of the Litigant in person costs i added to my claim.

Should i send them another email asking if they'll pay up on these costs rather than go for a wasted costs order?

 

One other thing last paragraph of settlement letter says

 

"we reserve the right to disclose this letter to the court on the subject of costs" is this normal? what does it mean?