Mikes mum v Barclays

[moggieb]

Just a quick question. When I send SOC to court do I send updated or the one I sent when I first filed? Thanks all.

[tezl]

Thanks Tezl

Have just read your last few posts and we're neck & neck. Am sending my updated SOC to court tomorrow. Hopefully, the finishing post is in sight. Have you contacted Barclays yet to find out who's handling your case?

the one and only pq3 ,finishing post still seems to be down the road, round the corner ,up the hill and down the other bly side.lol.took mine today .terry

[moggieb]

Bad luck terry. PQ seems to be dealing with almost evry1 lately. Must be his caring streak and strong communication skills with claimants.lol. Hope I don't get him. I haven't asked yet. Who did you contact? Marg

[tezl]

Just a quick question. When I send SOC to court do I send updated or the one I sent when I first filed? Thanks all.

saint told me up dated ones to lit team and court. e mailed the good cop dino and asked,had quick reply.terry

[tezl]

sorry just talked to you on my thread,havent calmed down yet.

[moggieb]

Hi all

Panicked a bit when I heard about the OFT test case but having read zootscoots sticky have decided to carry on. Received court date today-28th September at Wolverhampton and it will take about 45 mins.-anyone else there? The judge 'has considered the statements of case & allocation questionnaires (I didn't fill one in) and allocated the claim to the small claims track'. The 2nd page consists of 'Small Claims Notes' and overleaf 'Note for Litigant In Person'. This states 'You have been ordered to file & serve witness statements before the final hearing in this case. Explains what this means and who witnesses may be-me and Barclays and anyone else who attends court to support either side(?) Witness statements must comply with Civil Procedure Rules (see CPR Part 32.8) Is this pretty standard and can someone point me in the right direction for wording of statement and do I need to send anything else?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html#post492578 witness statement

[moggieb]

Thanks Saintly

I've been reading loads of threads regarding directions and it seems most people are being asked to submit all documents on which they are going to rely-court bundle. All I've been asked to do is file & serve witness statements before the final hearing. Is this common do you know?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html think most are going by what is said here

[moggieb]

Hi all

Am getting confused between Statement of Evidence & Witness Statement-anyone help?

[clubber]

Yes Barclays have clammed up. It appears we are all in the same boat ie without the paddle of experiences shared to steer along our individual paths.. no one has been here and so we're all p**sed off.

 

I had Mr Quinn promising an email from Monday onwards, my court date is 8th august but I am away from tomorrow,emma thompson re-iterated Quinns promise when it was only her who would pick up the phone.

 

I'm gutted!!!!!!!!!! So I rang customer relations who have honoured my initial settlement figure (SORRY DAR£IN TO CONTRADICT YOU WHEN YOU SAID " They will NOT honour their offer if you intend to continue! in a nother thread) because they have (it was for 1495 against a claim of 1605). I lose interest and £120 court costs but i am confident of claiming that back from MCOL.

 

I have also rung the court who have no directions to halt existing hearings, Barc lays have not filed bundle and I have so i will cancel previous settlement on Tuesday after weighing up court update with the 1495 to fall back on...think everyone and weigh it up based on your own circs.

 

im still in the running and lets face it who even thought about 8 or 37% interest, we just wanted the dosh back....ps DAR£in no offence mate your contributions have been inspirational but we would all do well to not get carried away with the tide if success on here previously and think of ourselves..and I should know I ve been victim of the cant lose school of thought myself!

[moggieb]

Well,after receiving court date on Friday (for 28th September), have spent the last couple of days looking for a suitable Witness Statement and have decided to use the example by Karnevil. I've amended it where necessary but am not sure about paragraph 12-requesting that the court order standard disclosure etc. Do I want this? Anybody advise please.

[moggieb]

Am trying to sort out my witness statement. Court date is 28th September and this is all I have been ordered to file at court and serve on Barclays before the final hearing. As above, I have decided the one by Karnevil best suits my situation. Bearing in mind that Barclays seem to be asking for stays is there anything I should add objecting to this and should I send anything else. Karnevil refers to exhibits (?) Thanks anyone.

[moggieb]

As the Witness statement partly consists of informing the court of my actions to reclaim charges (ie dates of letters and reason for writing) should I also include the fact that after I started court action Barclays offered a refund in 'Full & Final' settlement which was less than my claim & which I refused? (Filed with MCOL 23/5 & received offer on 27/6). I really want to get this spot on as its all I've been asked to submit.

[tezl]

As the Witness statement partly consists of informing the court of my actions to reclaim charges (ie dates of letters and reason for writing) should I also include the fact that after I started court action Barclays offered a refund in 'Full & Final' settlement which was less than my claim & which I refused? (Filed with MCOL 23/5 & received offer on 27/6). I really want to get this spot on as its all I've been asked to submit.

it is part of your actions to reclaim charges .but i would still ask again my confidence at all time low with dates approaching.good luck.tez.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html have a look here :)post 4

[moggieb]

Thank you Saintly-this is the one I want to use as my post #62 but obviously I have to amend it to suit my situation. What I needed to know was do I have to state all correspondence AFTER filing at court (post#64). As I'm an honest person by nature I've decided yes. Exhibits are SOC's yes? Initials 1 (?) Thanks

[saintly_1]

Re standard disclosure i would go for a yes you want this as this means the bank disclosing their actual costs

[moggieb]

Thank you. Reply much appreciated.

[moggieb]

Emailed Lit team to find out my contact. Its Krysta-ordinarily would have been over the moon as I've seen that she's one of the best. She's on holiday at the mo' so have gone through the motions of sending a very polite email regarding settlement as this was encouraged by the court (another point in my Witness Statement). its just lip service tho. I'll file & serve, they won't,they'll apply for a stay,it'll be granted and I'll join the ever increasing ranks of claimants in waiting. Still at least I'll be near the front if (no WHEN!!!) the banks lose and normal service is resumed. Hope evry1 else carries on regardless!!

[moggieb]

Court date 28th Sept-all I've been asked to submit prior to this date is a witness statement. am following Karnevals template and attaching updated list of charges. Should I also attach copies of correspondence that I've sent to Barclays & if I p'md the statement to a mod or site helper could they take a peek & see if its ok. Mille gracias (soz off on hols soon-practising the lingo!!!!!)

[moggieb]

any one any advice regarding exhibits to be sent with Witness Statement please?

[moggieb]

Thought I'd just update my thread after returning from 2 weeks away. Due in court on 28th Sept-week on Friday. Submitted witness statement into court on 17th August and copy to Barclays. Have not received anything from them-well,what a surprise. Court have not received anything yet either-no witness statement or application for stay-despite us having the standard letter at the beginning of August stating that they would apply IMMEDIATELY for a stay. Should I be doing anything or just turn up next week & hope for the best?

[slick132]

Hi Moggy,

 

Take 3 copies of the anti-Stay letter with you from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Without going back through your thread properly, it looks like your best bet is to argue that Barclays have NOT complied with Court's Directions, so you ask for their Defence to be Struck Out.

 

Slick

[moggieb]

Thanks Slick, with regard to 'removal of stay' thats what I thought of doing. We weren't given a definite date to reply by-just to 'file & serve witness statement before the final hearing' which we've done. Do we apply for Barclays defence to be struck out before next Friday or on the day? Sorry if this is a daft question-its our first experience of court procedure!!!!!!!!!