photman 52 v Barclays **WON**

[photman52]

Hi all,

have just received barclays defence and an AQ form

As my claim is below £1500 I take it I do not have to pay any fee, is that correct?

 

To be honest the idea of going to court scares the pants off me.

Would it be worth sending a nudge letter to their solicitors at this stage?

Cheers,

Photman 52

[saintly_1]

Wait till you actually get a court date before attempting to contact them

[dar£n]

Pman,

Have you followed the advice and guidelines EXACTLY from this site?

 

If you have received the AQ, if there was a fee to pay this would be stated in the accompanying letter.

[photman52]

To be honest I've just found this site and its been a great help already.

 

Thanks saintly_1 I'll wait...

 

Nothing in the covering letter regarding fee only a note in the guidance to go to hmcourts website.

thanks

Photman

[dar£n]

can you post a diary of what you have done so far starting with the Initial request for statements.

 

e.g

jan 1 sent of SAR

feb 1 Received statements

mar1 sent in pre lim letter

and so on

[photman52]

Hello,

 

Have just received my court date 1 Aug 07

I intend sending Barclays a nudge letter in the next day or so

 

Can anyone help with court bundles I'm trying to assemble them now

 

cheers

 

Photman

[welshcakes]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

photman - just as importantly as getting your court bundle well prepared, it's really important that you have undertaken all the right steps in getting to this stage, which is why dar£n is suggesting you post what you have done already.

 

Also, post the first 3 points of the B's Defence.

 

It would be an awful shame if you get to court to have it struck out because you have overlooked a small, but technically vital step.

[photman52]

Hi

 

thanks for your prompt response..

 

Diary of events as follows

 

26th Jan07 asked Barclays for Statements

 

Sent letter asking for refund of charges 20 Feb £740

 

March ??? Received offer for £360

chose to ignore letter!!!!!

 

Sent court papers issue date 22-3-07

 

Received defence papers (will forward details later)

 

Contacted CAG

 

24 May Received AQ Form

 

4 June Sent AQ Back

 

30 June Received Court Date

 

sorry some of date are missing details are at home (doing this at work...)

 

hope this helps

 

Photman.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies you may wish to look at this it simplifies the court bundle .... for the statement of evidence use the one from this thread http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html post #34

[photman52]

I'm going to send a nudge letter is this a good idea??

 

Photman

[saintly_1]

Send an email to the Litigation team (emails can be included as evidence ) have a read of the sticky http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html has contact details

 

I would suggest Dino .... ask him who is dealing with your case

[photman52]

Thanks Saintly_1

Do you mean send the Nudge letter as e-mail to Dino???

Or e-mail him and ask his advice etc

 

Thanks again

 

Photman

[saintly_1]

have a read of the sticky i posted ..... there is a suggestion on there that might be useful

[photman52]

First 3 points in Barclays Defence

 

1. The Particulars of Claim do not provide details or particulars of the precise

charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for

unauthorised borrowings (whether unpaid fees for returned cheques. "Paid

Referral fees" or any other such fees). the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by

reason of its standard terms and conditions. The Claimant accepted the same

when the account was opened. including (in particular but without limitation)

the following terms and conditions (which are summarised):

a. The Defendant's right to charge a "Paid Referral Fee" where the

Defendant pays an amount (either by compulsion or election) which

causes the account to become overdrawn - £30 per item (previously

£25).

b. The Defendant's right to charge an administrative fee if any cheque,

standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c. The Defendant's entitlement. if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

Thanks

Photman

[Trucker]

Photman

 

Point one says you have not sent a breakdown of charges. I am sure you will have but this is barclays usual tactic. Send a copy of your up to date schedule of charges to both the court and barclays (recorded delivery)

[photman52]

Thanks Trucker,

To be honest I sent them a copy of the statements and an amount I was claiming back not a schedule as such, but its in the post now...

Cheers

 

Photman

[photman52]

Hi

Just putting my Court bundle together and have found a mistake in my schedule of charges its been rectified do I send the revised copy to Barclays and the court?

Bundle has to be in by thursday

 

cheers

 

Photman

 

PS

Contacted Litigation team but they couldnt help yet...

[broke dave]

Unless it is a huge mistake I wouldn't worry. I over claimed by £60 against LTSB due to an error. They still paid up.

[photman52]

Thanks Broke Dave....

[photman52]

Hi

 

With regards to my court bundle what is it actually called is it just

"Court Bundle" for the title page...

 

Cheers

 

Photman

[Trucker]

Title Page

 

Photman V Barclays

 

Case Number *********

[photman52]

Cheers...

[photman52]

Hi

Have to send Court Bundle in today is there anything else I need to send with it?

 

Thanks

Photman

[Trucker]

Just remember to send 1 to court and 1 to barclays

[photman52]

Hi

Can anyone clarify this...

When I received my court date, the letter told me to get all relevant documentation to the court and to Barclays no later than the 20 July

I've done this and expected to receive the same from Barclays but as yet I havn't... Is this right or should they have done the same....

Cheers

 

Photman