Newbie here - Can I ask some advice?

Eimear_J

Hello there....

I started my claim against barclays back in February when I realised that the had taken £2300 off me (including interest) in the past 6 years. The claim has been dragging a bit as the courts took from April till the 21 June to send me the General Form of Judgement or Order.

I'm a little nervous now in light of the recent press about some judges throwing it out. I need to ask a few questions;

What is a General Form of Judgement or Order (its not mentioned on Martin's advice) and how should I respond to it?

Has anyone had any dealings with Nottingham County Court and know how they're reacting to the cases?(I'm a little nervouse with the length of time it took for them to come back)

Should I go to court when the send me a date for it?

Would I be better cancelling the claim and going through the ombudsman and would that mean i'd lose the first 6 months worth of claim due to the delays?

Any advice would be gratefully accepted...I feel that Barclays gave me alot of credit when its obvious from my records that I wasn't responsible enough at that time to handle it. I really think its irresponsible and i'm still paying for it 6 years down the line

Many thanks

Twinkly

Eimear_J wrote: »

Hello there....

I started my claim against barclays back in February when I realised that the had taken £2300 off me (including interest) in the past 6 years. The claim has been dragging a bit as the courts took from April till the 21 June to send me the General Form of Judgement or Order.

I'm a little nervous now in light of the recent press about some judges throwing it out. I need to ask a few questions;

What is a General Form of Judgement or Order (its not mentioned on Martin's advice) and how should I respond to it?

Has anyone had any dealings with Nottingham County Court and know how they're reacting to the cases?(I'm a little nervouse with the length of time it took for them to come back)

Should I go to court when the send me a date for it?

Would I be better cancelling the claim and going through the ombudsman and would that mean i'd lose the first 6 months worth of claim due to the delays?

Any advice would be gratefully accepted...I feel that Barclays gave me alot of credit when its obvious from my records that I wasn't responsible enough at that time to handle it. I really think its irresponsible and i'm still paying for it 6 years down the line

Many thanks

What does the General Form Of Judgement Order actually say ? Its hard to advise what to do without knowing sorry

Eimear_J

(nearly exact word for word - the only reason why its run to the 11th hour is because I've been on Holiday and came back last week to it). THE DATE AT THE TOP IS THE 21 jUNE BUT WHEN YOU READ FURTHER DOWN IT SAYS 15TH jUNE(oops). I've tried to ring the court but I can't get through...it just rings out.

On Fridat 15 June 2007 the papers in this claim were considered by District Judge Reason who alloacated the claim to the small claims track and directed that:-
1. The claimant shall within 28 days of the service of this order send to the defendant and the court;
a - a Schedule setting out each charge repayment which is sought, showing the date, amount, and reason given (if any) for the charge being made;
b- copies of any statement or other document relied on aS SHOWING that each and every such charge has been made
c- A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise' AND ;
d- copied of all decided and other legal materials to be relied upon

If the claimant fails to comply with this order, the claim will stand struck out without further order

2. The defendant shall within 21 days thereafter file and serve a responser to the Claimants schedule, stating in respect of each item claimed;

a - pursuant to what contractual provision such charge was made, producing a copy og yhr contractual document relied upon;

b- whether such charge is accepted to be a penalty and if not why not;

c - if such charge is alleged to be a pre-estimate of the Defendants loss incurred by the Claimants actions or omissions (whether or not such action or omission is to be treated as a breach of contract between the parties), all fact and matters intended to be relied upon as showing that such is a proper estimate of such loss and all evidence to be adduced at trial

d-any witness statement; and

e -copies of decided cases and other legal materials to be relied upon

If the defendent fails to comply with this order the defence will stand struck out without further order

3. the original documents shall be brought to the hearing

4. on compliance with the foregoing orders the claim will be referred to the District Judge for directions on the final hearing

5. the court must be informed immediately if the case is settled by agreement

Dated 15 June 2007


I don't know what any of this means and because I was on holiday haven't picked it up...when I read it further it seems serious

Twinkly

Eimear_J wrote: »

(nearly exact word for word - the only reason why its run to the 11th hour is because I've been on Holiday and came back last week to it). THE DATE AT THE TOP IS THE 21 jUNE BUT WHEN YOU READ FURTHER DOWN IT SAYS 15TH jUNE(oops). I've tried to ring the court but I can't get through...it just rings out.

On Fridat 15 June 2007 the papers in this claim were considered by District Judge Reason who alloacated the claim to the small claims track and directed that:-
1. The claimant shall within 28 days of the service of this order send to the defendant and the court;

a - a Schedule setting out each charge repayment which is sought, showing the date, amount, and reason given (if any) for the charge being made;

You need to send a list of all charges showing how much was charged giving the date and the reason why you were charged.

Eimear_J wrote: »

b- copies of any statement or other document relied on aS SHOWING that each and every such charge has been made

You need to send photocopies of the statements/details you received showing each charge and the date. Don't send originals you need those yourself.

Eimear_J wrote: »

(c- A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise' AND ;

You need to send documentation to show why you think the charges cannot be reclaimed. This link will help:
Statement Of Evidence

Eimear_J wrote: »

d- copied of all decided and other legal materials to be relied upon

You need to show the legal reasoning behind your claim. This link will help:
Court Bundle

Eimear_J wrote: »

If the claimant fails to comply with this order, the claim will stand struck out without further order

If you do not send the information ordered to Barclays within 28 days of the date of the Order Of Judgement your claim will be struck out and you will lose.

If you send this information to Barclays they have 21 days after that to respond in the manner laid out in the order in Part 2. If they fail to do so then their defence will be struck out and you will then win by default. Most of part 2 is their responsibility but you will need to follow these points as well:

Eimear_J wrote: »

3. the original documents shall be brought to the hearing


4. on compliance with the foregoing orders the claim will be referred to the District Judge for directions on the final hearing

5. the court must be informed immediately if the case is settled by agreement

You need to take all of the above mentioned documents to court if a hearing date is set. If you both comply with the Order then a hearing date will be set for you to both appear in court. You must let the court know if the bank settles you claim at any time now.

Basically its crunch time and you need to get your papers in order for a possible hearing. Given that they havent while you have been on holiday it looks as though they are hoping you will be intimidated by the Order and simply give up. Dont.

Do your research and get your case together. Perhaps when they see that you have complied with the order they will accept that you mean business and offer to settle. Good luck

Eimear_J

thanks twinkly....the only statement I have are the computer generated ones from Barclays so i hope they're enough...is this standard practice then?

Twinkly

You're welcome. The generated statements are fine provided they show the amount, date and reason for each charge. Its usually shown by the code next to the charge what it was for or should be obvious by the transactions shown before and after. Dont send originals just photocopies of each statement that shows a charge.

I dont know if this is standard practice for Barclays in particular. From what I've seen around the forums each bank reacts differently and can be inconsistent with regard to particular cases. I think the trick is to show you wont back down.

Eimear_J

The Statement of Evidence has really confused me...I don't know what to leave or to take out...I want to take them to court and thought it would be easier than this...if i didn't go through with court would I still be able to take it through the FOS