Boff vs barclays

[Boff]

OK another one being dragged right up to the court stage.

 

got my allocation questionaire and defence.

 

i am guessing it is a pretty standard defence.

points 1 to 5 basically say 'we told him about the charges and he agreed to them as part of the terms of contract'

point 6 then goes on to deny therefore that the charges are unlawful

point 7 claims that 'such charges do not unduly enrich the defendant'

point 8 is just pint 6 reworded

point 9 is utterly irrelevant in that it says 'we charged him because he went overdrawn'

point 10 is point 6 again

point 11 is an attempt to wriggle out of part of the claim on the grounds of the limitation act. conveniently forgetting that those parts of the claim were inside the 6 year limit when the action to recover the charges was begun.

12 says ok we are entitled to charge something at least. and we will try to get some of the money back again.

 

 

so basically my questions are

is the rubbish about the limitations act valid?

and if i wish to make mention of such things as the 'whistleblower report' do i need to put it on my AQ (in the witness section or somewhere

[livelylad]

Have a look at this link it will help regarding draft directions for the AQ.

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

[Boff]

what does anyone think of the advisability of a combination of the two ideas;

first a request to have the defense struck out, and if the judge is happy to let it stand, then the disclosure of how they arrive at their figures.

[oneofakind]

the very last thing the banks want is to have to disclose their costs...

 

BECAUSE THEY CAN'T JUSTIFY THEIR CHARGES

 

so you're very unlikely to see the inside of a courtroom. :D

[Boff]

oh forgot to update for a while.

 

Allocation Hearing is set for next Tuesday.

[Boff]

ahhhhh another wasted day.

 

Court today granted Barlcays a stay in light of OFT test case.

Judge took a very dim view of them only informing me 5 minutes before going into the court though.

 

awaiting a copy of the Directions for Stay (or whatever its called) and preparing form N244.

it aint over till the fat lady sings. and since i have got her tied up and gagged that isnt likely to happen unitl i am ready.

 

 

will post details of Stay directions when recieved.

 

so be warned anyone currently with cases on the way with Barlcays, they are going for a stay every time. be prepared for it.

[bbch60]

Hi Boff

which court was this? - sorry about your result today - I have my day in court next week

[Boff]

was in Liverpool.

 

where the judge also indicated that a significant number of cases were being awarded to the banks.

hmmmmm wonder if its to late to try to get it moved to another court somewhere.

[welshcakes]

Hi Boff

 

"where the judge also indicated that a significant number of cases were being awarded to the banks."

 

Bah humbug! The only ?significant? number of cases won by the banks so far are the ones where the Claimant is failing on ill prepared bundles or on technicalities.

 

Maybe the judge is a shareholder!

[Boff]

i best remember to make sure i have all my paperwork prepared and my best Perry Mason attitucde in place.