**WON** Defence threw out due to non compliance

[aude]

Thanks,will call the bank today re the fee and date:)

[aude]

I have just received a court date to be heard at Wilesden county court (small claims hearing) on 8th October 2007.

Here is what it says if someone could read through it and advise me on the next step....

 

District judge S. Ordered that

1. Allocate claim to small claims track and be listed in accordance with the accompanying notice.

2. The claimant do by 4pm on the 10th August 2007.

(i) clarify the claim by filing in court and derving on the defendant the following information:

(a) In a schedule under the headings 'date' 'amount' and 'description' give details of each item in respect of which a refund is sought.

(b) Copies of any statement or other document relied upon as showing that each and every charge has been made.

© A statement of evidence of all matters relied upon as intending to show that the charges are irrecoverable as penalties or otherwise.

(d) Copies of any decided cases and other legal materials to be relied upon.

(ii) Pay to the court the allocation fee in the sum of £100 or provide evidence that the claimant is exempt from payment of fees. and if the claimant fails to comply with htis order the claim will stand struck out without further order.

Suject to the claimant complying with paragraph 2 the Defendant do by 4pm on the 7th september 2007 clarify the Defence by filing in court and serving on the Defendant the following information:

(a) pursuant to what contractual provision each charge identified in paragraph 2 was made.

(b) whether such charge is accepted to be a penalty and if not, why not.

© if such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was aproper estimate of such loss and all evidence to be adducted at trial as to what the true cost of dealing with the matter was.

(d) if such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adducted at trial to show that the charge was fair and reasonable.

(e) the statements of any witnesses whose evidence is to be relied upon at the hearing.

(f) copies of any decided cases and other legal materials to be relied upon.

and if the defendant fails to comply with htis order the Defence will stand struck out without further order and judgment to be entered for the claimant for the sum claimed.

4. any party affected by this order may apply to have it set aside, varied or stayed provided that any such application is made to the court in writing no more than seven days after the date on which this order was served on that party.

5. the court is of the view that this matter ought to be settled by sensible negotiation or mediation and will take into account the failure of either party to follow such a course when dealing with the question of costs.

 

Whew!!! that took me forever to type. I think it's probably a standard reply but welcome some reassurance anyway. I just want to work out what comes next. the bundle I need to send by the 10th August right? plus the fee of £100. Should I contact the legal team at this point to try to negotiate? maybe a letter asking if they would like to settle and copy it to the court as the last paragraph mentions 'sensible negotiation or mediation'.

hope the end is in sight at last:)

[saintly_1]

Contact the litigation team .. but i doubt that they will settle yet ...... however sometime around the time that they have to disclose their costs to the court i suggest contacting them again .. if they are still not willing to settle i would contact the court after sept 7th to see if they have received anything from B's

 

Ok You need to produce :-

a) Schedule of charges

b) copies of statements that include the charges

c) statement of evidence ... post 34 on this thread http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html amend it to suit

d) settled cases http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 and the basic court bundle

[aude]

Decided to send an email to the lit team to find out who was dealing with my case. just got an email back from a Paul Haut on behalf of Sharon Daboul who is on holiday at present. He says they have received my updated schedule of charges which I sent on the 16th July. My court hearing has been set for the 8th October. I received notification of this on the 18th July but he (Paul) says he has no details as to any hearing date or orders from the court and could I please update him... he also said he is trying to contact the court but that they are very busy at the moment!!

I take it that the court would have automatically sent a notice of the hearing to Barclays lit team? I have until the 10th August to send my bundle which I preparing this week. should I ask him to settle do you think or wait for Sharon to get back? don't want to mess up now.

[welshcakes]

Hi Aude

 

You're not the only one by a long shot who has been advised by BLT that they haven't any details of court and could we please send them on ... try getting your filing sorted out I say! basically, they need you to help them fight your claim because they haven't got enough flexifiles and staples to keep the incoming paperwork in order.

 

It's up to you whether you assist them, I told them to refer to the documentation the court sent (unless they offer to pay me £9.50 an hour, I'm not doing their admin work for them).

 

Just make sure you comply with every court deadline to the letter. By all means approach BLT but do not alter your obligations to submit and attend court even if they write a promise of settlement in blood!

[aude]

Returned Paul's email basically telling him to sort his own paperwork out:)

I also made it clear that I am willing to negotiate a settlement.he hasn't replied to date, guess he's waiting for Sharon's return from hols next week.

I am still missing Barclays T&C for my bundle but an not sure which year to send? I opened my account way back when and certainly don't have them stashed in the attic... can I send them for 2001 the date my claim starts from? If so, can anyone direct me to some on this site as I 've had a quick look but can't locate any.

[dar£n]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/90735-old-barclays-terms-conditions.html

[aude]

My Court bundle is due in on Friday this week and I have now compiled the following docs

 

Statement of evidence

correspondence between myself and Barclays

statements

updated schedule of charges

case law summary

early day motion

dunlop v new garage

UTCCR 1999

UCTA 1977

SOGA 1982

T&C 2000 AND CURRENT

OFT statement summary

bbc commission conclusion

Mc Namara statement.

 

Is there anything else I need in there ? and this probably sounds dumb but do I also need to make copies and add all the court documents that I've received so far? transfer of proceedings etc. getting nervous now and don't want to mess up at the last:confused:

[aude]

Can anyone advise me if I should be including copies of all the court correspondence in my bundles? and as far as the letters between myself and Barclays are concerned, do I just list them under the general heading 'correspondence' or should they be itemised.

need to send the bundles off tomorrow if someone could assist, thanks:)

[welshcakes]

HI aude

 

Yes, you do include all correspondence (to show the process pre-litigation etc).

 

You will list them under your LIST OF DISCLOSURE as following example:

 

I, [insert name]of [insert home address] Intend to rely on the following documents in court -

1. Correspondences

 

 

File Ref .....Date .......Description ......................... ......................... No. of pages

 

(A) 20/04/06 Letter: Request for repayment of charges to Barclays from YOU - 1

(B) 02-05-06 Letter: Barclays acknowledgment of (A) from YOU - 1

© 08-05-06 Letter: Letter Before Action to Barclays from YOU - 1

Hope that helps

 

 

[dar£n]

aude, can you please keep to using one thread only, makes it a lot easier for the reader to get the background needed to provide you with the correct advice needed..thanks

[aude]

Sorry, just trying to get this all done and am pretty stressed out with it.didn't get any response on my original thread..

I have just filed everything under general headings . saw other people seemed to be doing that and there was no mention of a list of disclosure in the directions from court..

have filed it all like this,

1. statement of evidence

2. correspondence(will include the court orders with these)

3.schedule of charges etc etc...

 

Think everything is there now, just want to send the thing off and hope it's all ok. what are the chances of them going through it all anyway. it's infuriating:mad:

[hedgey06]

And don't forget your Terms and Conditions!

[aude]

Thanks for that. I have just got back from hand delivering my bundle to both Barclays at Churchill Place and the Court office only to find a letter on my doorstep from Barclays telling me they would be applying for a stay in proceedings until after the test case. I guess this is a standard letter sent out to everyone?

[saintly_1]

Sounds like it quite a few of us have received them

[smutley]

Aude was your hearing listed for Aug 14th at Cardiff? If so was it 'the' hearing or a 'directions' hearing ?

[WatHorn]

Sorry to butt in here, but I'm struggling with the court bundle as well. Can someone check my list of contents to see if I have missed anything or included anything I shouldn't? I didn't get any replies to my posts either.

 

CONTENTS OF BUNDLE

 

WITNESS STATEMENT (Template from CAG)

 

STATEMENT OF EVIDENCE (used template by Peter Rabbit for Barclays as suggested with small changes)

 

CORRESPONDENCE (copies of all letters from claimant & defendant)

 

BANK STATEMENTS (copies of all pages with charges on)

 

SCHEDULE OF CHARGES (latest upto date spreadsheet with all charges)

 

RELEVANT CASE LAW SUMMARY (From basic bundle as is)

 

EARLY DAY MOTION FROM HOUSE OF PARLIAMENT (From basic bundle as is)

 

DUNLOP V NEW GARAGE (From basic bundle as is)

 

UTCCR (From basic bundle as is)

 

UCTA (From basic bundle as is)

 

SOGA (From Basic bundle as is)

 

BARCLAYS TERMS AND CONDITIONS (Downloaded from CAG)

 

OFT STATEMENT SUMMARY (From link in basic bundle)

 

BBC COMMISSION CONCLUSION (From link in basic bundle)

 

PETER McNAMARA TRANSCRIPT (Downloaded from CAG)

 

AUSTRALIAN DEFAULT CHARGE REPORT (Media release from CAG Library)

 

PROVISIONAL FINDINGS REPORT IN NORTHERN IRELAND PERSONAL BANKING (Downloaded from CAG)

 

LIST OF SETTLED CLAIMS (Downloaded from Litigation section CAG)

 

 

That's it, hope it's o.k.

[aude]

Hi

My bundle contained exactly what you have listed. I think it's all you need but I'm sure someone else will let you know for sure.

Good luck:)

[aude]

Hi Smutley,

My case in to be heard in London (Willesden County Court) in October but I had directions from the judge to hand in my paperwork by 4pm tomorrow and Barclays have until 7th Sept to respond.

[WatHorn]

Thanks for that my friend, it makes me feel a lot better knowing someone else has the same bundle. Just one thing, did you print/copy off all of the OFT statement and the Findings report in Northern Ireland into personal banking, or just relevant parts, because these reports are very long arn't they?

 

WatHorn

[aude]

I actually did print off all of the Northern Ireland report, and you're right, it is very very long so I decided not to send that in the end. I included the whole of the OFT report though.

[ukaviator]

Don't forget the Terms and Conditions with every bundle.

 

Uk

[WatHorn]

Hi Aude,

 

Thanks again for the information, it's eased my worries about getting something wrong.

 

By the way, good luck with your claim

[WatHorn]

Just one more thing. If the case gets to court and being someone with a bit of a nervous disposition, does anyone know if there is any guidance notes or a script template on CAG that I could use/amend when I verbally state my case to the judge?

 

WatHorn

[aude]

My bundle was hand delivered to Barclays and the court as ordered and Barclays were directed to produce theirs by Friday 7th Sept in a few days time. I'm not very sure of where I go from here if they don't produce it. should I be asking the court to pass judgement? the court date is set for 11th October.