Olden v Barclays Bank

[olden]

Hello everyone, I have apparantly started a new thread on the wrong forum and have been advised to start a new thread on here, the only thing is I am wondering how to get the very long text I wrote on 'Welcome to the Consumers Forum site' transferred on to here without typing it all out again??? HELP???

[saintly_1]

Hello everyone, I am really confused now, just when I thought I had got it, I have been reading up on this site and I am afraid I might have missed out a lot of items from the 'bundle' this is my story so far: Using MArtin Lewis's step by step guide and interest calculator

Amount claimed: £940.00 plus £121.84 = £1061.84 (plus court fee £120 now)

 

20 January sent letter 1 asking for comprehensive list of default charges

12 Feb Barclays sent copies

17 Feb sent letter 2 asking for repayment of charges enclosing schedule of charges with interest added

24 Feb Barclays reply looking into concerns

19 March Barclays letter.. stating all fees have been charged in accordance with their terms & conditions, offering me £705. as a gesture of goodwill

27 March sent letter accepting offer in Partial payment and without prejudice but if not paid in full proceeding in court.

NO REPLY

16 April proceeded court action MCOL Northampton Court

18 April Barclays Acknowledgment of service with intent to defend claim

29 May Court order Barclays defence filed allocation questionaire dispensed with.

29 May Notice of Transfer of proceedings to Newport County Court

8 June sent letter to Bank asking for detailed breakdown of costs...

8 June sent letter to Barclays litigation (R T Brown) asking for breakdown of costs..

8 June sent letter to Barclays asking for copy of Terms & conditions for date of opening account approx 45 years ago

8 June sent letter to bank and solicitor asking for copy of Terms & conditions for 2003

8 June sent letter to court (copy to bank solicitor) responding item for item to the defence attached

8 June sent letter to court (copy to solicitor) account details and stating that the defendant is aware of all details as previously supplied and that the cjharges exceed the losses caused by the breaches The term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulatioins 1999, Unfair Terms Act 1977 and at Common Law

Claimant claims the return of ..(as shown) Alternatively if the charges ARE for a 'fee for service' then they must be reasonable under the S.15 of the supply of goods and services act 1982. Costs allowed by the court

I have included 10 pages of The Unfair Terms in Consumer Contracts Regulations

I have taken this lot to the Cardiff Court, thinking I would get it in early and now I am concerned having read some of the things on here which should be included please help me to unravel this.

 

 

to the notice of proceedings.

 

18 June Notice of Transfer of Proceedings to Cardiff County Court

26 June General form of Judgement or Order

 

There you go .... thats what you posted in the welcome forum

[olden]

Thanks so much saintly 1 You are brilliant!!! All I need now is to know if I need anything else and if I do can I just send it to the court and the solicitor to be added to what I have already submitted?

[welshcakes]

Hi Olden

 

Okay, so Cardiff Court is now dealing with it.

 

What does the N24 (General Form...) instruct/order? Is it along the lines of:

 

'Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

Unless the defendant lodges at Court [documents] by [date] 2007, the statement of case of the defendant in default be struck out.'

If so, it is good news and unless Barclays has already produced documentary evidence as requested by today, they lose by default.

 

 

If it says:

'Before District Judge XXXXX sitting at Cardiff County Court. Without hearing it is ordered that;- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

It just means they have dispensed with the Allocation Questionnaire and you don't have to do anything unless it additionally asks something of you.

 

If it states something different, post the contents here so others can advise.

[olden]

Hi welshcakes the General form of Judgment or Order states:

Before District Judge Hendicott ...... Upon neither party attending

It is ordered that

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G.Hickinbottom, on the 13th August 2007 at 10.30 am in Cardiff Civil Justice Centre, 2 Park Street Cardiff

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing

dated 26 June 2007

[saintly_1]

Have a look through this thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

Might be a good idea to contact them I suggest an email to Dino state your claim number and court date (but not the type of hearing) and ask who is dealing with your case

 

 

Saint

[olden]

Hi saintly 1 the person named in the defence litigation team is Rosemary Treves Brown?? does this mean she is dealing with it?/

[saintly_1]

No it ... she is just one of the signatories it will be one of the people mentioned in the opening post of the thread i posted

[welshcakes]

Hi Olden

 

Hopefully, contacting B's Lit Team will get you the offer of full settlement, I very very much doubt they will turn up in court.

 

The hearing is just for the judge to decide which is the best way to handle the case (also known as a Directions hearing and usually only lasting 5-10 mins: in/out job).

 

Saintly, do you think it would be worth Olden offering up a Draft Directions straight away to court to expedite this whole thing asap - the forced charges calculation Draft (14 + 14 days = could get it all sorted before 13th August).

[olden]

Hello welshcakes would you believe I emailed Dino and got a swift response!! he says that Sharon Daboul is dealing with my case and contact details are 0207 116 6842 or email sharon.daboul@barclays.com so I wonder which is the best email or phone? If I take your suggestion is there a template or wording for this? thanks so much for your help

[poisoned_monkey]

if you go to the link in post 6 above theres a template email to send.

 

Sharon Daboul is dealing with my case aswell shes really nice just rather overworked.

 

Shes current working on cases early to mid July.

 

So send an up to date schedule of charges with the template email and follow it up 3 weeks before your court date and you should have a settlement letter in the post not long after that.

[olden]

Hi poisoned monkey thanks for that You will not believe it I have in the post just received a huge bunch of statements from Barclays with the same exact letter I got back on 12 February !!!!!!!!! I wrote 2 letters to Bank and litigation rosemary t brown asking for 1) copies of terms and conditions 2) a complete breakdown of penalty charges. I am fuming is this pure unefficiency or deliberate ploy!!!!!

 

olden

[poisoned_monkey]

Sounds Like total unefficiency to me!

 

At least oyu dont have to hunt out terms and conditons to send out now!

[olden]

Hi poisoned monkey I think I must be thick but I cannot find this email template in the link in post 6 can you show me where I am going wrong? :oops:

[saintly_1]

Its post 24 on that thread olden http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good-2.html

[olden]

Hi there, saintly one, welshcakes and poisoned monkey ! I just wanted to say thank you so much for your help on here, you are brilliant!!!

 

To date, I emailed Sharon Daboul and she replied instantly, saying she is currently looking into the merits of claims with hearing dates in late July, and will contact me again nearer to my hearing date. She certainly seems very efficient

 

lI wonder how they decide who to offer settlement, and on what merits? aren't we all the same aren't thay all penalty charges??

 

keep up the good work...olden

[welshcakes]

Hi Olden

 

That's good progress. Make sure you don't hang on too near your date of the 13th for Sharon to contact you - if she's that overloaded with work, it may be that she'll need a nudge at the beginning of next month just to make sure your claim is in the top half of her file pile!

 

In respect of 'merits' of the case, I think it's a bit of a smoke screen; unless an application is pitifully flawed and they think they can get it Struck Out for blatant errors, all will get settled.

[poisoned_monkey]

Hi Olden

 

When it gets to 3 weeks from your court date send something like this it'll make sure they dont forget about you.

Also i found Tuesdays were the best days to get replies quickly.

Saying that every email i sent i got a reply pretty much within 24hrs.

 

 

 

Court Claim Ref : 7******

To be heard at ********** County Court ******* 2007.

Dear Sharon,

As its now under 3 weeks to the date of my Court Hearing i was wondering if you had a chance to look at the merits of my claim with regards to settlement.I look forward to hearing from you as soon as possbile.

Regards

Mr Monkey

[olden]

thanks for that poisoned monkey, I will do that on about 24th which is next tuesday, heres hoping:) :)

[olden]

Hi saintlly, welshcakes and poisoned monkey. I received this email today, what do you think, should I sent the DD now?

 

Thank you for your emails. Sharon Daboul is currently out of the office on holiday and I am dealing with her caseload in her absence.

I have reviewed your file and note that the Hearing scheduled for 14th August is a Directions Hearing, which the Bank will be attending.

If you have any further queries please don’t hesitate to contact me with by email or phone on 020 7116 8143

Yours sincerely.

Paul Haut

[olden]

Hi there I phoned the Cardiff Court today and they informed me that a 'Stay' has been placed on my claim and that I do not need to go to Court on 14th August.. I am really angry about this after all this hard work and getting this far I want my day in court. I really do not see how they can get away with all this. these banks must be laughin up their sleeve it seems as if the OFT are playing right into their hands and they will make sure this goes on for many years. I thought there was a law about how long a person had to wait for a hearing in the small claims court?

 

I now have to look into what to send by way of an objection can you help please?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[slick132]

Hi Olden,

 

Your post on MB's thread today reads:-

 

Hello people. Today I received a court letter 'NOtice of Hearing Application' in response to my appeal !! This is what it says:

 

The hearing of the claimant's applicaiton for Oral Hearing RE: Refusal To Remove Stay(see copy attached) will take place at 10.30am on the 19th October 2007 at Cardiff County Court, Cardiff Civil Justice Centre, 2 Park Street Cardiff !!

 

Whats next?

Make sure you've read and understood the best arguments you have to object to the Stay from the link Saintly gave you above.

 

Turn up and give 'em hell.

 

Slick

[saintly_1]

Also have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

 

This might help

[olden]

THANK YOU SLICK I will have to go back over all the bumph I have managed to collate and sort myself out, there is so much of it and I am beginning to think we are the only ones spending so much time on this, they ( the conspiritors) are only doing one thing, still taking our money!