Fitz v Barclays **WON**

[fitzos]

Called the court today, as suggested, told them the situation and they said it was fine just send them in as soon as possible, think I might call the bank first though, see if they want to give in yet.

[saintly_1]

What documents have they asked for ...... can you type the directions out so we can see what you need to send

[fitzos]

yeah sure, sorry meant to do this on my last post

 

it says:

 

1. This case is one of a number listed on the same date. Both parties must be ready for trial on this date

 

2. If the claim is settled, the claimant must promptly give notice in writing to the court stating that the claim is discontinued

 

3. Any party may rely as evidence on a statement of case (if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth.

 

4. Any witness evidence of documents to be relied on by the claimant must be filed at court and served on the defendant not later then 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served on the claimant not later then 7 days before the hearing.

 

5. It will not be neccessary for any party to file or exhibit a copy of the OFT report 'calculating fair default charges in credit card contracts' though it may be referred to in any written evidence.

 

6. Each party must provide its documents and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and names of the parties

 

7. No cross examination of witnesses will be permitted, except with the permission of the court.

 

8. No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence of fact as to the manner of which charges are determined by it.

 

9. The claimant must include in his/her bundle of documents a full list of charges disputed, specifying the date and amount of each and the reason for it.

 

10. If any party relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing

 

 

So they just want me to send in the standard court bundle which they said I just need to do ASAP but I may call tomo morn to see if they want to settle as the court date is very close

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

For a statement of evidence see post#34 on this thread

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

 

EDMDetails

 

http://www.consumeraction.org.au/downloads/DL29.pdf

 

Some usefull links for you should you need them

[fitzos]

cheers for the help.

 

I cant seem to use the links on the 'basic court bundle page' to get to the early day motion or OFT summary report, anyone know another way to get them

[saintly_1]

EDMDetails

 

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

 

 

there you go

[fitzos]

your a star, and yes I have noticed that you had already put the EDMDetails link in your last post, I think I need to go to bed, my eyes are going fuzzy

 

cheers:)

[saintly_1]

5. It will not be neccessary for any party to file or exhibit a copy of the OFT report 'calculating fair default charges in credit card contracts' though it may be referred to in any written evidence.

i didnt post the oft due to ^^^^^

[fitzos]

yeah thats cool, I noticed this, theyre obviously sick of receiving the blooming thing, just wanted to have a read over it my self, cant hurt

 

thanks again

[fitzos]

just to let you know I called Barclays today and spoke to thomas Hickey as he is dealing with my case, he was very polite and helpful. I told him my court date was the 30th july and he said he would look at my file and call me back he even gave me his direct number in case he didnt so that I could call him.

He also said, in his words

 

'I will have a look at your file and get back to you next week but chances are we will settle in full with you before court'.

 

I'll send my court bundle off on monday though just in case and await his call

 

DONT BE SCARED TO CALL THE LITIGATION TEAM THEY'RE REALLY NICE PEOPLE.

[fitzos]

Hey all

 

Got a letter from B's on thurs agreeing to settle the full amount, but they only stated the amount that it stood at when I filed on MCOL. I phoney thomas hickey and told he it was now more then this and he agreed to add the rest of the interest on, no hassle.

 

Im not declaring this as case won yet, not until the money is in my account but its one step closer. He said it should be in by next thurs.

 

Cheers guys

[saintly_1]

DONT inform the court before you do get the money

and i would still send the court what they have asked for JUST in case

[fitzos]

Cheers saintly,

 

Theres no chance Im doing that until I can see the money in my account and I have already sent the court bundle off so all up to date with the court, just have to see if the money is put in my account this week

[fitzos]

woo,

 

the money went into my account today so all settled and done, little fitz whooped big barclays a**e. Thanks for all the help with this especially saintly as you seem to given the majority of advice. Im obviously gonna stick around and give as much advice as I can to others now that Ive gone through the process. donation 'en route'. Bring on Lloyds TSB, your next, be afraid.

 

Cheers

 

Oh and I just heard that OFT and the banks are going to court over these charges, interesting

[welshcakes]

[Bookworm]

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[livelylad]

Thread moved to success forum.