Topbird v Barclays

TopBird · 26th October 2006, 00:02

Hello All

I completed an Allocation Questionnaire some time ago yet still not heard anything. Do I need to contact Moneyclaim or directly to the Court?

Any guidance would be appreciated!!

Many thanks

nathal · 26th October 2006, 00:18

imo might be better contacting court to see if they received it yet

bearo · 26th October 2006, 00:52

How long ago did you complete it and return it? If in doubt a phonecall is always a good idea to the court or MCOL...

TopBird · 26th October 2006, 23:02

Many thanks. Will call them first thing tomorrow.

TopBird · 31st October 2006, 18:57

Received communication from Court today. Date set for 6th February at 1100am.

It states that:

Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the court has given permission for expert evidence to be used) on which he intends to rely on at the hearing.

The copies shall be delivered no later than fourteen days before the hearing.

The original documents shall be brought to the hearing.

The claimant must clarify her case. She must do this by sending to the court office and to the defendant no later than 29th November a list of all penalty charges claimed for detailed by date and amount.

The defendant must clarify his case. He must do this by sending to the court and to the claimant no later than 28th December details of how the penalty charges claimed by the Claimant are calculated.

I intend to print out all the documents I have seen listed on here (somewhere....) and send the schedule of charges plus interest in the next week or two.

Why do Barclays have longer to submit their evidence?

TopBird · 29th December 2006, 21:53

Barclays have not sent me their details of how the penalty charges are calculated. They had the deadline of the 28th December in order to do it. I am assuming that because of the Xmas post it may be slightly delayed, BUT, if they have missed the deadline what happens next? Will the court throw out the case as they have not complyed with the request? Will that in turn mean that I win by default?

TopBird · 14th January 2007, 15:53

I still haven't heard anything from Barclays. I contacted the court on Friday and they have informed me to write to them letting them know. Does anyone know what is likely to happen from here? I shall send the court the letter tomorrow and copy it to Barclays. My court date is set for 6th of Feb and I have got 2 weeks to get my court bundle together. I would appreciate any encouragement or advice!

TopBird · 21st January 2007, 14:47

HELP***

I am currently in the process of getting my court bundle together but I have a HUGE problem. The copies of all the letters I have sent to Barclays, along with the replies they have sent to me are missing. The folder they are contained in has been misplaced and I am begining to panic. I will probably be able to work out the dates I sent the letters due to me marking it my diary when a response was due, but I don't have their letters.

Do you think I should just copy the letters from the templates and put the 'possible' dates along with who I 'possibly' sent them too OR own up to the court and to Barclays that I am a total incompetant fool??

My court date is 6th February. I sent Barclays and the Court a letter last week stating that Barclays had failed to comply with a court request to provide me with details of how the penalty charges are calculated. I really thought that I would have heard from them by now attempting to settle. My other problem is that I am going to be unable to attend the date due to work committments, although I am putting off telling them that until a week beforehand.

I am planning on dropping the bundle to my local branch to forward, do you think they will do this for me?

I am gutted that I have been so stupid as to lose my neat, organised folder.

TopBird · 21st January 2007, 23:01

Anybody?? I am getting more and more stressed about this now. I only have tomorrow to sort out my court bundle, most of which has been done, I am just missing the letters.

What will happen I don't send my court bundle in on time?

bmw323i · 21st January 2007, 23:28

Have you tried telephoning the Litigation Dept yet to press for settlement?

It seems that since the christmas holiday, things are really getting on top of Barclays, maybe they're having difficulty keeping up with the thousands of CAG members, who all seem to be getting court dates for around the 6th Feb...mine was for the 7th Feb...lol

If you want the direct dial for a nice lady at Barclays Litigation, then send me a PM. With your date so close now, and your current situation, its worth a try. You may even get a settlement by the end of tomorrow.

Emz

TopBird · 22nd January 2007, 11:26

I have today emailed Barclays with the following:

Dear Ms Connelly

As you will be aware my court date with yourselves is fast approaching. I wish to give you this last opportunity to settle in full and avoiding wasting any more of the courts precious time.

My full claim stands at £880 in charges, £80 court fee and £199.13 interest (under section 69 of the County Courts Act). Totalling £1079.13.

If you wish to take this opportunity please contact me on ****** to advise me and I will fax the court immediately the funds are cleared in my account.

I am hopeful that this can be dealt with outside of the Small Claims Court but I am fully prepared to meet your team there should you decline to settle. I refer to my letter dated 12th January to your colleague, Mr White, stating that Barclays Bank failed to comply with a court request. I am confident that my case will be a successful.

I look forward to hearing from you soon.

Yours faithfully

Here's hoping I get a phone call some time today!

dickeggsy · 22nd January 2007, 11:44

have you tried re-setting the date on your computer.
if you re set it back a month or to the folder might show up .
worth a try.

dickeggsy · 22nd January 2007, 11:48

click on start,
control panel,
performance and maintenance,
system restore.
put in the date you want to go back to and it will restore all your info for that date.
good luck

TopBird · 22nd January 2007, 11:52

Hi dickeggsy

I did all the letters at work and therefore did not save them to a computer (case of working on different computers everyday) and printed out 4 copies everytime and kept them all in a folder which I thought I kept in a safe place!

Thanks for the handy advice though!

dickeggsy · 22nd January 2007, 11:54

ahh ,sorry thought you meant a folder on your computer.
hope it works out.

jonni2bad · 23rd January 2007, 01:26

There's very little you can do on this then... Just prepare what you can and make copies of the standard templated letters. You could put a note with the bundle to state that a file is currently missing and that you will seek to provide originals in court.

TopBird · 23rd January 2007, 01:48

Right then....

I have just finished sending, by email, my court bundle to Rebecca Connelly at Litigation. I have managed to find the exact dates for my letters from my diary and have copied the standard templates.

I spoke to Rebecca this afternoon and she said that she wasn't in a position to settle at the moment, but to expect a call either the end of this week or begining of next. She also mentioned that she was leaving on Friday so she will leave all the notes of my case to her replacement should it not be this week.

I shall be hand delivering the courts copies first thing in the morning.

Fingers crossed I shall be able pay off my overdraft next week.....

Thanks everyone!

TopBird · 27th January 2007, 13:56

On Thursday I received a General Form of Judgment or Order from the Court. It was a copy that was sent to Barclays stating that:

Unless the defendant complies with the requirements of para 5 of the order dated 30th October the defence shall stand struck out without further order.
(which was: The defendant must clarify his case. He must do this by sending to the court and to the claimant no later than 28th December details of how the penalty charges claimed by the Claimant are calculated.)

I then received a letter from Rebecca offering a full and final settlement, without any admission of liability on their part!!

However, the amount offered has not taken into account the interest accrued from when I submitted the claim back in August. Is it worth calculating this and asking for it to be refunded (only about £40 max) or just settling for exactly what I claimed?

I guess whatever happens - IVE STILL WON!!!

Thanks to everyone who has given me guidance, donation on its way as soon as its cleared in bank.

PS Can a moderator update my title please!!

Michael Browne · 27th January 2007, 14:12

It's entirely up to you, but I'd want the lot and Barclays are hardly in a position to argue. If they refuse you can apply for judgement by default and they won't be able to get it set aside

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