rhoodnotts v Barclays ***SETTLED IN FULL***

[rhoodnotts]

Hi,

I photo copied all my Bank Statements with Excess Charges, sent them to Barclays Recorded Delivery, they wrote and offered about half, so I made a Claim in the Small Claims Court online. I received confirmation, then another comminication from the Court, wit a Solicitors name on it, saying they were going to contest the Claim. That was on 19-Jan, a month ago, but nothing since. What should I do?

[tbern123]

Hi,

I photo copied all my Bank Statements with Excess Charges, sent them to Barclays Recorded Delivery, they wrote and offered about half, so I made a Claim in the Small Claims Court online. I received confirmation, then another comminication from the Court, wit a Solicitors name on it, saying they were going to contest the Claim. That was on 19-Jan, a month ago, but nothing since. What should I do?

 

The best advice I can give you is to take the time to read the other Barclays threads. You will find all the answers you need

[mrsfoot]

First of all start a thread in the barclays forum, as you will get excellent advice from others in the same boat.

 

You should have received a copy of the defence papers from bank or court, if you havent then call the court tomorrow and ask for it. You should have also received allocation questionaire to complete. You need to ask the court if they have got defence papers and why no allocation questionaire have been sent to you.

 

Also i advise you print out the process you need to follow from thr FAQs (see link below) as this will give you each stage and what to expect

[rhoodnotts]

Thanks for the quick response, how do I access the Barclays Forum?

[Michael Browne]

http://www.consumeractiongroup.c o....barclays-bank/

[rhoodnotts]

Thanks for all your help, the AQ arrived today before I had a chance to phone the court to chase them -- they don't open until 10:00 then I've already been at work a couple of hours and am very involved; the day flies by.

Have filled it in, printed three copies and attached a schedule of charges. In the Other information section, in addition to some of the blurb quoted in your guide, I added

"As to the Defendant's claim that they are entitled to charge me for unauthorised borrowing by reason of their standard terms and conditions, that is akin to someone saying they are going to hit me before landing a punch on me: it does not alter the fact that the punch is an assault on me."

What d'you think, is this OK or inappropriate?

[Michael Browne]

"As to the Defendant's claim that they are entitled to charge me for unauthorised borrowing by reason of their standard terms and conditions, that is akin to someone saying they are going to hit me before landing a punch on me: it does not alter the fact that the punch is an assault on me."

 

This is a joke, right?

[Advoc8]

I think it's an excellent way to annoy the judge. Well done!

[rhoodnotts]

Glad I checked with you before sending the form off!

[Bookworm]

Just to clarify the above responses, just in case, no, it is NOT an appropriate addendum. It wouldn't be appropriate anywhere, and least of all, in an allocation questionnaire, which is meant to be for the judge to decide on which track to send your claim, and how much time to allocate to your hearing.

 

I suggest a good read of " Allocation questionnaire, a guide to completion" in the Library, and to follow it scrupulously if you haven't done so yet.

[rhoodnotts]

Thanks for your explanation. The first two were a bit scathing...

 

I have looked at the Allocation questionnaire, a guide to completion, and below is the current contents of my Other Information box. Is this OK, or is this only appropriate if you're trying to convince the judge to choose the Small Claims Court for a Charge of over £5,000? Mine is under a £1,000.

 

Please find attached a detailed Schedule of Claim for Charges.

I believe the case will last no longer than an hour. The issue is not a complicated one; it is an issue of fact not of law. The issue is only whether the money levied by the Defendant in respect of its customer's contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the hundreds of other cases being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in the utmost good faith.

Accordingly I would respectfully ask that the court order standard disclosure. I understand that it is in the courts discretion to do so and I believe this would bring a rapid end to this litigation.

[Bookworm]

It's fine. ;-)

[rhoodnotts]

Thank you very much Bookworm for your measured response! Someone said the phrase to me, which made the whole thing clearer to me, which is why I considered including it, I didn't realy understand what the AQ was for.

[rhoodnotts]

Hi,

I filled in the AQ and it was delivered to Kingston Upon Thames County Court on 28/02/07. I have searched for After the Allocation Questionnaire and After the AQ but could not find aything very helpful. I have read about how to approach the case if it does go to Court, but my questions are

1. How long does it usually take for the Court to decide on a hearing date (assuming Barclays don't cough up in the meantime) and

2. If it does end up going to Court, what are the chances of me finding a more experienced buddy to go with me?

Thanx

rhoodnotts

[Advoc8]

1. It depends how busy the court is. If you've not heard by the end of next week give them a call.

 

2. I very much doubt you'll see the inside of a court room, but check back when you've a date.

[rhoodnotts]

Thanx for the prompt response

[ADE&FAB]

Let me know what happens here.

 

I think we might have a group of us in on the 20th April.

 

See my post ADE & FAB v Abbey.

[rhoodnotts]

I phoned the Court and they said a date for a hearing should be set in about a week, that was almost two weeks ago. More worryingly, I realise after having spoken to a friend, to whom I introduced your excellent website, that I had not sent a Letter before Action to Barclays before making the Claim in the Small Claims Court --- this is because at that stage I had not discovered your website (from a newsapaper article) I was merely following the advice on the BBC News website. How crucial is the LBA to my case, is it simply a minor hiccup or could it be a fatal flaw?

[ADE&FAB]

I'm not sure.

 

One of the MODS should be able to answer that one for you.

[Michael Browne]

How crucial is the LBA to my case, is it simply a minor hiccup

Yes, Barclays will be too busy concentrating on not appearing in court, to worry about a missed letter.

[rhoodnotts]

Thanks for the prompt response and reassurance. I phoned the court again today (they received the AQ on 28 Feb) and I was again told it had been referred to the judge and I agreed to call back in another weeks time. I take it this is usual?

[rhoodnotts]

Hi,

The Court received the Allocation Questionnaire 0n 28 Feb and after phoning the Court 3 times as advised by Advoc8 above, I have finally received an Allocation Hearing Date at Kington-upon-Thames County Court. I'm slightly concerned that on the first page it says "You should attend" but then adds "This case may be released to another Judge, possibly at a different Court" It started off at Northampton and as I live quite close to Kingston that is obviously the most convenient for me; what are the chances of it being changed?

 

The full text of what they say is

"To the parties

 

This case has been listed for an allocation hearing on Monday 25th June 2007 at 10.30 am at this court. This is because District Judge Gold who has considered the papers in the case has decided that such a hearing is necessary before a final decision about allocation of the case can be made.

 

You are ordered to attend the hearing.

 

This case has been listed with other cases on the same occasion because it appears to District Judge Gold that the main issues involved in all of them are the same or similar. District Judge Gold may on 15th January 2007 deal with the cases involving the same financial institution as defendant in one block (where more than one case) or, in the light of other considerations, deal with other cases together. This would be subject to any representations by any of the parties involved in such cases proposed to be dealt with together that he should do otherwise

 

District Judge Gold will wish to investigate whether any of the cases can be settled. He will also wish to determine [a] whether it is desirable and in the interests of justice for more than one case to be finally heard with other cases and, if so, which cases should be finally heard together; what documents and factual and other evidence should be before the court on the final hearings; and [c] whether any case or cases should be tried as a "test" case or cases subject to the interests of both sides and all other relevant matters and, if so, on what terms as to legal costs and otherwise.

 

It is emphasised that there will be no final heraings on 25th June 2007 and so the court will not hear from any witnesses as to the facts of the cases on that occasion. The court will be giving directions for the final hearings which will take place on later dates.

 

Note: If you fail to attend the hearing, the court may order you to pay the costs of the other party that does attend. Failure to pay those costs within the time stated may lead to your statement of case being struck out. The court may also make other orders relating to the case in the abscence of a party who fails to attend."

 

Can you please interpret the slightly mangled English and explain what it all means in laymans terms? I'm particularly confused by the reference to 15th January 2007, do you think this is a typographical error, and if so, what should I do about it? Shortly after that the text refers to "representations by any of the parties", do I need to make any representations and what representations might Barclays make? What are the implications of the reference to a possible "test" case?

 

As it seems that nothing will be settled even in June, is it likely to be settled by the end of the year?

 

I guess I'd better book a day off work for 25th Jun, will I be able to claim for a day's loss of wages?

 

Incidentally, a friend, who I encouraged to follow the same course with the Halifax, has had over £3,000 paid back into her account and hasn't yet filled in the Allocation Questionnaire -- lucky so and so!!

[rhoodnotts]

..

[Bookworm]

I think that the reference to january is because they reused a previous directions letter, and forgot to change the date there.

 

The best thing to do is phone the court in tuesday and double-check the date.

 

It is highly likely that the bank will settle in the days before or even on the day of the hearing. It is however essential that you attend, as you could get your claim dismissed if you don't. It happened recently to someone at the Mercantile Hearing in Leeds. (not a CAGger, as far as we know, though)

 

I'll find you the relevant thread, and if you read through the report of what happened then, it will help you understand a bit better. Back in a bit.

[Bookworm]

http://www.consumeractiongroup.co.uk/forum/show-post/post-774694.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-775867.html

 

are the 2 relevant posts. Although this was a Mercantile hearing, the set-up will be the same, so read and absorb. ;-)