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defence struck out (barclays)


harpoon
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i recently returned my allocation questionnaire to my local court (20.06.07), and yesterday received a letter from the court saying:

 

1.The defence is struck out as an abuse of process and contrary to CPR 1.3.

 

2.this matter be listed for assessment of damages at 10 am on 3rd July (at my local court).

 

i take the ,defence being struck out as a good thing -but am confused as to why i still have to go to court, furthermore will i have to take any information, bar details of the money that i am looking to recoup ?

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http://www.consumeractiongroup.co.uk/forum/barclays-bank

 

Post your thread in the Barclays section..You are just a phone call away from your "cheque being in the post"

 

And congratulattions !!!!!!!! :D :D :D

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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i recently returned my allocation questionnaire to my local court (20.06.07), and yesterday received a letter from the court saying:

 

1.The defence is struck out as an abuse of process and contrary to CPR 1.3.

 

2.this matter be listed for assessment of damages at 10 am on 3rd July (at my local court).

 

i take the ,defence being struck out as a good thing -but am confused as to why i still have to go to court, furthermore will i have to take any information, bar details of the money that i am looking to recoup ?

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i was claiming £630 (plus costs). my court is Tameside county court.

 

do you think i'll need any information when in court tomorrow apart from bank statements with the charges on ?

 

is it normal to still have to appear in court after the defence has been struck out ?

 

what is meant by "assessment of damages" -will it not just be the £630

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Hi harpoon

 

That's stunning news but I'm with you on the confused bit about damages. Did your Particulars of Claim specify that you were seeking damages?

 

Which AQ version did you have to return, which court, how much were you claiming and what did you put in Section G for "any further information"?

 

Maybe this will be a new line taken by courts to send a message to banks (fingers and toes crossed).

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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i initially used the bbc letter, then followed this up with procedings via the small claims court. i am only looking to get my charges back i have not claimed for interest (although with hindsight....). on my allocation questionnaire which is the last thing i filled in a asked the court to enter judgement in my favour for £630.

 

on account of having not seen any other claims following this path i'm a little nervous that i'll be under-prepared if the judge asks anything other than the amount i'm claiming. is it possible that he'll award damages for less than the amount that i'm claiming?

 

i just find all of this a bit wierd

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I am so watching this with the utmost of interest..

 

I think £ 100000 would just about cover my assessment of damages..

 

There is no chance you will get awarded LESS than you have claimed..

 

Could somebody please advise as to what they think needs to be done in court tomorrow..

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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I expect they wish to see your schedule of charges to assess what you are entitled to including interest.

 

Fill out one of these and take it along to the court with you.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

All the best

 

Zoot

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Perhaps Saintly or other Site Helper could PM a mod if nec'y and mention threads for Harpoon.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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went to court, 2 minute hearing. barclays apparently didn't mount a defence and never have dona at my local court (and neaither has any other bank from what the judge was saying), he was surprised that they hadn't already settled - believes they must have overlooked me.

 

To receive £630 + £80 fee within 14 days

 

many thanks to all who have helped

 

(sorry i've had two threads running - not quite got my head around all this)

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the spreadsheet was great - many thanks

 

sadly, i couldn,t claim interest as i had put it on my original form (although i did mention it to the judge - he was petty cool. two minute hearing said they never turn up, and was surprised they hadn't already settled. £630 + £80 coming my way. cheers for all the help -sorry i've had 2 threads running (all this is pretty new to me)

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Congratulations........Enjoy YOUR money :cool:

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi, Zootscoot could you please emty your messages box, I hava a Northern rock claim, they are asking for it to be struck out & would appreciate some advice

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Well done and Congratulations!

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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