Court date: 14th August 2007 (over £2,800 claim) - mikejames1 vs Barclays

[mikejames1]

Time for a new thread

 

Previous thread ( mikejames1 vs Barclays] )

 

Court date is on the 14th August 2007

 

Some notes from the letter I received from the court:

 

Each party shall deliver to every other party and to the court office all documents (including any experts’ report) on which he intends to rely at the hearing no later than 12 June 2007

In Barclays defence they stated that they had not received the breakdown of charges claiming for so have sent these to Barclays cc the court office ages back. Apart from this, that should be everything shouldn’t it? Or is this when I should have sent by court bundle before?

 

Other Directions:

 

The Defendant’s do file & serve skeleton arguments at least 21 days before the hearing

I presume Barclays will do this

 

The Claimant at liberty to reply at least 7 days before the hearing

Do I need to reply with anything at all?

 

The district judge has decided that this will go down small claims track with no mention if it’s just a directions hearing or not so I’m basically unsure what I should be doing now.

 

Help would be much appreciated. The date is getting very close & although I know it will almost definitely be stayed, I just want to do my part 100% so there's nothing to fall back on in future.

 

Cheers

[mikejames1]

sorry that's quite a lot to take in

 

so I will sort out my court bundle today & send that off in hope that they do not take notice of the 12th June date they supplied me with initially

 

otherwise I have my initial documents to stand by & full list of charges but the court bundle will be the winner I guess

 

just to confirm also, I have also let myself down with dates so I wouldn't have thought it be useful trying to get barclays defence thrown out or should I anyway?

 

welshcakes, many thanks for the responses. so do you think they may be open to settle? I had a response from teh Lit team saying they will most probably stay the hearing

[mikejames1]

ok thank you

 

i will get my bundle sent off today or maybe tomorrow as some paperwork is at home (statements etc)

 

special delivery all the way & yes the covering letter thing sounds like a plan

[mikejames1]

hello again

 

after thinking about this last night

 

would it actually be a good idea for me just to leave this be until the court date as they will 99.999999% definitely stay my claim anyway?

 

they have the particulars of claim from me now and a full list of charges so I thought it may be a bad idea for me to try & fiddle the deadline a bit & send my court bundle in late as this could simply draw further interest to my case?

 

bottom line is that what I have provided is adaquate for the case, maybe not above & beyond but as it's gone to test case I should be OK shouldn't I?

 

Do you see what I mean by not trying to now send in something over deadline which doesn't "have" to be sent in?

[mikejames1]

I rang the court and they couldn't tell me what type of hearing it was as they can't go into that....??

 

The girld just said it's a small claims hearing!

[mikejames1]

Each party shall deliver to every other party and to the court office all documents (including any experts’ report) on which he intends to rely at the hearing no later than 12 June 2007

Yes the above is very strange I agree

I will get the bundle done as it doesn't take too long anyway & then maybe send to barclays & instead of sending, take to the court myself which is 5 minutes from here at work

[mikejames1]

From moving house 3 months ago I think I may have mislayed the original bundle of statements that was sent from barclays and all my workings were done from these.....................

 

Think everythings shafted

[mikejames1]

Many thanks again, would you suggest that I do not now add my initial request for the 6 years of statements because this would imply that I have received them?

[mikejames1]

haha, many thanks though

 

the bundle shouldn't take that long but me being me thought I had everything & since I moved out, it's all gone everywhere which is such a pain as I'm usually very organised!!! (honestly!)

[mikejames1]

just spoken to someone at Barclays & apparently since everything went mad they have taken around a million requests for archived information regarding old statements which is insane! i know the company I work for has trouble with archived information anyway & some past x years we don't even have to keep, imagine that's why it's up to 6 years!

 

anyway, they have put in a request as urgent however cannot prmise that I will get my statements, I did narrow it down to the from & to dates where I have charges in the hope it'll speed things up.

 

Now I'll just do the rest & also hope maybe I could find the statements at home anyway..... always a slim chance!!!

 

Good fun!

[mikejames1]

will do!

 

can see it now

 

"barclays win first case against lad who simply didn't prepare" lol

[mikejames1]

FINAL QUESTION BEFORE BUNDLE GOES TO COURT:

 

It states on the COurt Bundle thread that I need the relevant T&C's.

 

I presume I just grab them & put them in and also reference them in the bundle?

 

Do I need current, or ones of reference over the periods??

[mikejames1]

hmmmm

 

The court closes at 4pm today, I'm at work with no T&C's......

 

Everything else is ready but I literally have to get this in topday before 4pm otherwise next week will be taking the mickey a little...

 

Will check through the T&C's thread but may need to shove anything in there.....

 

A bundle with no T&C's? Would that be bad news?

[mikejames1]

I suppose ultimately it's that the charges, regardless of your T&C's are considered unlawful but will check about, is it just the T&C's for when I opened my account then?

 

I think I opened my account when I was 16, so in 1999 or 2000.....

[mikejames1]

don't have time to get my T&C's in now so am gonna go without

 

shouldn't be a major I don't think plus if essential can always try & add early next week before the whole things kicks off

[mikejames1]

many thanks for that link

 

I will print the Terms & Conditions off & add them as Part 2 to my Barclays bundle which is being sent tonight to Barclays & then deliver Part 2 by hand to the COurt on monday

 

Then the bundles will all match & be correct

 

Thanks again

 

By the way, my account was opened around 99/00 so do I just need those T&C's or prefarably all from that date onwards?

[mikejames1]

Funny how in the T&C's from 1998 it states:

 

"from 1/11/98"

 

"Fees over unauthorised .......... are

 

£25 for unpaid item, transaction....."

 

So although these are in the T&C's we still are stating that they are deemed unlawful really

[mikejames1]

right

 

barclays were sent the bundle

court have received bundle (delivered by hand)

i have my bundle

 

HERE WE GO!!

 

someone at my work went in to the court vs HSBC yesterday & apparently the judge said that he believed if stand alone trial, it would swing in her favour but was stayed for 6 months because of the test case which is unfortunate

 

6 months isn't too bad though (as long as test case decision is good!)

[mikejames1]

Oxford County Court

[mikejames1]

I will get some more information from her when she is back at work because it would frustrate the hell out of me if the judge said I am coorect about the banks being unfair, THEN stay it!

[mikejames1]

cheers

[mikejames1]

will do

 

have just printed off the 3 copies of the objection and will give it a go

 

I feel much better that a woman I work with only had her charges, no court bubndle against HSBC and the judge ripped the solicitor of HSBC to shred, especially when he refused to pay the court fees..... haha!!

[mikejames1]

right i'm off to court!!

[mikejames1]

just back

 

Court Bundle was fine and judge commented on my good preparation & how much work I had put into it

 

Barclays argued well but then ultimately went to a stay

 

I then put forward my objections including the injunctions. Barclays made some very good points I must admit because they cannot confirm that they will not close your account or charge you more as if they do this & I then completely abuse my account, they're stuck with this case injunction.....

 

Anyway, long story short

 

the judge went against my objection & allowed a stay however stated I would have LOST which actually scared the crap out of me.

 

Unfortunately the reasons passed me as I was a little unsettled by what could have happened but it was basically that the penalty charges formed part of my aggreement or something but it's not that, it's the AMOUNT?

 

Anyway I am happy he stayed it now (I think to help me keep with the other people) but the fact I would have lost has really worried me... I know I'm OK now, just really quite suprised by it all!

 

ps. the hearing was adjurned for half an hour when I presented the objection so barclays could gather some feedback......

[mikejames1]

and my girlfriend who works at a solicitors says this means I probably will eventually lose....?