Stay Letter from Court

[WatHorn]

I'm just compiling and starting my wife's claim. Can anyone tell me what Barclays definition of 'Referral Fee' is and if it is reclaimable?

[Guest NATTIE]

Yes it is claimable. Definition can be found either on their website or by going into the branch and getting a charges leaflet. It has nothing to do with a payment being referred to someone as to whether it would be paid or not though.

[WatHorn]

Thank you very much for your reply.

[WatHorn]

Just had a letter from Barclays and it says that we are looking into your concerns and will reply before 26th March. This date will exceed my 14 day deadline by 18 days. Does anyone know if should wait for their reply or just carry on with my next step?

[dar£n]

std letter my friend, stick to your deadlines not theirs

[WatHorn]

Thank you very much for your help.

[WatHorn]

Just going through my business bank statements for 2003 and noticed that at the foot of one of the pages it mentions the Interest base rate at 3.75% and that from £1 to £10,000 (which at time £10k was my agreed O/D limit), is charged at £7.75% and that any unaurthorised borrowing rate is charged at £29.50%! Is this legal? as I would have thought that I'd get a better rate from a back-street money lender.

[WatHorn]

Hi Guys & Gals,

 

I have two claims against Barclays, one for my wife and one for our joint account and they are roughly 2/3 weeks apart. I was anticipating an AQ for my wife's claim (which is the first), but yesterday we received a N24 for the 10th June, is this my court date? It would appear that the court system has skipped the AQ process, is this normal? If this is a court date, I now need to prepare and would like some guidance and 'hand holding' through this process. Any help would be greatly appreciated.

 

The following text is printed on the for N24.

 

Before DISTRICT JUDGE XXXXX sitting at XXXXXXX county court.

 

It is ordered that:

 

1 - The claimant shall file at court and serve on the defendant the following further information by 4pm on the 8th June 2007.

 

1.1 Each and every charge, by date and amount which the claimant seeks to recover from the defendant.

 

2 - This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

 

Dated 22nd May 2007

[why!!!!!!]

Hi WatHorn,

They have ordered that you send a schedule of charges to the court and barclays by the 8th june. Did you file via MCOL if so did you send a schedule of charges to mcol and bank?

If not i would get it in the post asap.

claire

[WatHorn]

Hi Why!!!!

 

I filed my claim with MCOL and then sent by first class post a letter stating their reference and attached the schedule of charges with it. Should I now send it again to the court and Barclays ? (the spreadsheet)

 

regards,

WatHorn

[why!!!!!!]

Hi

Yes i would as the bank are probably saying they have never received any schedule of charges from you.

claire

[WatHorn]

Hello,

 

So should I just send the spreadsheet listing all the charges and interest to the court AND to Barclays, or just to the court?

 

regards,

John

[why!!!!!!]

Hi john

to the court and to barclays with covering letter.

claire

[dar£n]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

Send by recorded delivery.

 

If you hand in the courts copy, get a receipt from the clerk.

[WatHorn]

So does that mean that I have got to repeat everything I've done on MCOL again on an N1 or just send the court exactly what they have asked for, namely the list of charges that I am claiming along with the dates?

[saintly_1]

Just your SOC spreadsheet

[WatHorn]

Hi Guys 'n Gals,

 

I am currently dealing with three claims against Barclays Bank, of which the first one (my wife's own account), received a court date for the 31st August 2007. The problem is that we are away overseas on our annual holiday. Can anyone tell me if I can ask the court to postpone this date and put it back until we are free to attend court? It says on the court form that If we cannot attend or choose not to, we must inform the court at least 7 days before the hearing and that the judge will hear the case in our absence. We would rather be there in person having done all the donkey work, we are relucatant to let the court decide our fate in our absence. Can anyone help us with this dilema please?

[bram stoker]

Did you mention the holiday dates on your AQ?

[WatHorn]

Hi Vampiress,

 

I did not get an AQ, this process was skipped

 

regards,

WatHorn

[bram stoker]

Then you need to write a letter to the Court explaining that you will be unable to attend the hearing on 31 August and would have noted this on the Allocation Questionaire had you been given the opportunity to do so.

You respectfully request that the hearing be postponed to a more appropriate date when you can attend in order to clearly state your case, give any further evidence as necessary and so that you have an opportunity to address any issues that arise from the defendant at the hearing. Then give a full list of dates which you cannot attend a hearing. Politely request a prompt response so that you can make good preparation for your hearing.

[WatHorn]

Thanks for your prompt help Vampiress, a letter to the court will be off to them by the end of the day.

 

By the way, in anticipation of receiving a revised court date, I will need to get my head around preparing my court bundle, can you tell me the best place to start with this, or any other useful links, bearing in mind that I'm a bit of a dummy and a bit scared of making a mistake when dealing with the court bundle template.

 

Thanks once again for your help.

 

Warmest regards,

WatHorn

[bram stoker]

Limit of my info is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good luck.

[WatHorn]

I have now received a new court date, (12/10/07) but in light of the developments over the past few days and the OFT situation, do I now still carry on and prepare the basic court bundle or is my case likely to be 'stayed' by the court? If the answer is to carry on, do I print off the 3 x copies and still send them off to the bank and the court a.s.a.p?

[vogelrok]

i would carry on as normal. sooner or later there has got to be a way around it.

if everyone objects with the stay when they appear at court, surely someone somewhere will have to situp and take notice. you would think so seeing as we live in such a free and caring society. yer ok that is a bit over the top they dont care i know and free to do as they please.

[saintly_1]

It all depends on what directions you have been given by the court

 

some dont ask for all documents just certain things