My claim to date with Barclays Bank

Beate

Why on earth would you want to do that? All the info on how to deal with a court claim is here on this forum for free.

Debbie1969

I know, but i don't want to mess it up. Iv'e read posts stating that the POC are insufficient, even my own case with Barclays they claim the Statement of Case is an abuse of prcess and does not comply with CPR r16.2!!!

they are requesting that the claim be struck out.

As far as i'm aware i've followed every template going and sent evidence of statements showing charges.

I just don't want to mess it up.

Beate

Then you need to do a bit of leg work yourself.

Check the Barclays thread to see how Barclays generally deal with claims and whether the letter you got is their standard defence.

Check the Allocation Questionnaire thread on how to fill in the AQ.

Check this thread if you are worried about your case being struck out (although, this would require the court asking you for more info):
http://forums.moneysavingexpert.com/showthread.html

And read the Reclaim Bank Charges Help Thread for any additonal questions

Debbie1969

Thanks for that, i'm surfing the site as you read this, reading previous Barclays claims. It seems standard from what i am reading, the next step is to fill in the AQ? do i send a fee? The letter from athe courts asking for the AQ doesn't say anything about a fee

Edinburghlass_2

If the court require a AQ to be filled in they send it with the papers, has this bit been scored out?

If it hasn't been scored out then you need to ask for one to be sent to you and if they require the allocation fee at the same time. This is £100 if your claim is more than £1500.

Whatever information the court require should be in the letter you received.

Debbie1969

The last letter i received was dated 10th July Notice of Transfer of Proceedings, stating that the claim has been transferred to my local court. It askes me to read the accompanying documents carefully and note theat the allocation questionnaire should be returned to my local court. Attatched to the notice is an order from Northampton county court asking for the filing of a AQ and a copy of Barclays defence.

Edinburghlass_2

In that case phone whoever sent you the papers and ask them for the AQ or go to your local court and ask for one. You'll find the guide to the AQ in the Reclaim Help Thread.

Debbie1969

Ok, been intouch with my local court and they say that the papers have gone to the judge for direction. I have to call back on tuesday to see if the judge requires me to return an AQ.

What happens at 'direction'?

Debbie1969

On Friday i received a letter from the county court stating that the judge has allocated the claim to the small claims track. The hearing of the claim will take plae on the 27 September 2007 and should take no lnger than 15 minutes.

These are the directions from the judge;

1) The claimant shall send to the Court and copy to the Defendant by 4pm Monday, 13th August 2007 a list of all charges debited to the account that are included in the claim, giving the date and the reasons stated for the charge.

2) Each party shall deliver to the other party no later that fourteen days before the hearing copies of all documents on which it is intended to rely at the hearing. the original documents shall be brought to the hearing.

3) Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepeared and copies included inthe documents mentioned in papragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are foing to come to court to give evidence.

4) Neither aprty has permission to call or rely on expert evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

6) Because this Order has been made be the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. a party wishing to make an application must send or deliver the application to the court to arrive within seven days of service of this Order.


Would it be advisable to contact the bank on Monday to try and settle in full before it coes to Court?

any advice on my next step?

lindilou39

am actually surprised the court hasnt stayed the claim, usually (well sometimes) the court orders a stay on the claim for approx 14days in which you and the defendants can come to some agreement, personally I would do exactly what the court has ordered so that you are in compliance with the order.