Barclays Not Paid Up - Court Date set !!!

[pblakey]

NEED SOME ADVICE

Barclays still havent paid up, and I have now received a court date for the fast track small claims court.

AAARGGGHH !!!

???


What are the chances of the bank paying up before this??

What happens if they dont??

Do I need to attend court??

What do I take with me??

Am I likely to win??

If not, will I be expected to pay any more fee's ??


PLEASE HELP ME !!!!!!


any info/advice would be very welcome

I would especially like to hear from people who have themselves been through this, or know somebody who has


Cheers in advance for any help

Paul

[freebird]

pb I'm looking to see if you've got a thread in Barclays so I can follow your claim up to now. I can see your Halifax one but not Barclays ?
Have you been following the usual timeline with Barclays?
If you have a look in the Barclays Forum you should be able to follow some threads re court dates etc.
I'm with Lloyds and recently received settlement. Although we anticipate payment before our cases reach court, we still have to prepare just in case.
I'm not too clear where you're up to but if you nip in to the Barclays forum you will get some guidance etc.

[pblakey]

Hi

thanks for your reply

The Halifax thread is my Barclays one...I got confused and posted it in the wrong section oops !! haha


They have submitted a defence to the court, of which I have a copy.

Loads gobble-dee-gook quoting rules and regulations of their banking contract or sumthin !!

The court date has been set because of this - because of their defence


Are they likely to pay before the court date though ???!!!!!

should i contact them directly, to see if they'll pay, or does that look like i'm going soft haha???


cheers

Paul

[MARTIN3030]

I will move it for you.

[pblakey]

Originally Posted by MARTIN3030

I will move it for you.

ok cheers

can you change the title aswell for me I managed to put Halifax in that too
........dunno why??

hahahahah

thanks again

[pblakey]

After filing a defence a court date has now been set for my claim against Barclays Bank (in the fast track small claims court) for February 2007

I have NO idea of what docs to take, or even how to approach the case if I do have to attend. Could you poijt me in the right direction ??

I would also like to read stories from people who ACTUALLY went to court, but am unable to find any after searching the forum.

Thankyou very much in advance for any help

Cheers
Paul

[BankFodder]

what does the court order say?

[charlotte owen]

hello,

Make sure you hang on in there !! My court dat was for 21st December and they paid up (before i had sent my bundle into court) on the 1st December the whole lot. I rang them up to say i didn't agree with their terms and conditions and he said fine and gave me the money anyway. It is worth the wait, they will pay up. Its your money afterall. Good Luck.

[pblakey]

Originally Posted by BankFodder

what does the court order say?

It says a judge has considered the statements and the allocation questionnaires and has allocated the claim to the small claims track.

The hearing is set for 23rd february, and should take no longer than an hour.

I am required to deliver copies of all documents on which I intend to rely on at the hearing no later than the 9th February.

Cheers

[pblakey]

Originally Posted by charlotte owen

hello,

Make sure you hang on in there !! My court dat was for 21st December and they paid up (before i had sent my bundle into court) on the 1st December the whole lot. I rang them up to say i didn't agree with their terms and conditions and he said fine and gave me the money anyway. It is worth the wait, they will pay up. Its your money afterall. Good Luck.

thanks for your advice

its nice to hear that somebody else has been up to this stage of the process, and that something postitve happened also.

My court date is set for the 23rd february. Do you think they will leave it until a few weeks before to try and do something (similar to your circumstances) ???


Cheers
Paul

[Fafnir]

Hi there
I am at the same stage as you. Court date set for 3rd Jan - However I was asked to send in particulars of claim by 30th Oct, which I did. Barclays had 14days in which to reply - they haven't replied!

I am sending in a request for Judgement by default. My case is with the judge.

Will keep everyone posted as to the outcome.

Good Luck

[pblakey]

Originally Posted by Fafnir

Hi there
I am at the same stage as you. Court date set for 3rd Jan - However I was asked to send in particulars of claim by 30th Oct, which I did. Barclays had 14days in which to reply - they haven't replied!

I am sending in a request for Judgement by default. My case is with the judge.

Will keep everyone posted as to the outcome.

Good Luck

Thanks for your reply

What did you send in your "court bundle"??

I've read many posts about this stating what to submit, and each one seems to be different


Also, how do you apply for judgement now that they havent replied??

......does this AUTOMATICALLY mean you win the case, because I have read somewhere else that this can then backfire and lead to the bank getting extra time

Cheers
Paul

[Fafnir]

The court asked for particulars of claim by 30th Oct so I sent a list of charges. I have to send any paperwork that I am relying on in court within 14days if the court date. I was going to take bank statements and any docs that I need for ref. so they need to see that before.

Re the judgement - To be honest, I don't know - I have posted a question on this forum but so far no one has got back to me other than to say write to request judgement. I called the court to ask about my case and they tell me it is with the judge! I don't know if it would be with the judge anyway or if it is with the judge because Barcalys haven't sent their paperwork.

I need some advice on that one, waiting in hope that someone can help. I don't know if it is an automatic win or as you say, just delays things?

I will keep you posted.

[JackieJ]

Paul,

I'm about the same stage as you, my date is 21st Feb and also small claims track.

With regard to your bundle, there is a basic bundle that Bookworm has done in the library but you can add anything you think would be appropriate into it as well. I had a look at some of the successful cases and took ideas from what people had included in their bundles there. Have a look at Tracy C v Barclays as I thought she had quite a good list.

I think it's pretty likely that Barclays will pay up before court, they have done in all the other cases but it's best to be prepared to go to court. If you read through some of the stuff its suggested you include in your bundle, you'll see there's loads and loads of evidence why they should not be charging these excessive charges and it will make you feel more confident.

In some cases, Barclays have paid up even before the bundle has been sent to court, in others it's been the day before the hearing is due.

I'll keep an eye on your thread and let you know if anything happens with mine and I'll be keeping my fingers crossed for both of us! Good luck!

Jackie

[stupar6]

I too am claiming against barclays, they offered us less than half of what we asked for and declined that offer. I have now sent off my claim form to the court. I'm not looking to going to court either. I am also looking at the court bundle and now preparing my case any pointers would be gratefull and good luck

[Bookworm]

Originally Posted by JackieJ

With regard to your bundle, there is a basic bundle that Bookworm has done in the library but you can add anything you think would be appropriate into it as well.

Correction: You MUST add everything appropriate. I very clearly stated that this a bare bones bundle, and on its own, without your own information (as detailed on the index), it's worth nothing.

A few things:

You said your claim had been allocated to fast track, but the court form you posted clearly says "small claims". 2 very different things. Small claims is where most claims end up, nothing to panic about.

You asked:

What are the chances of the bank paying up before this?? 99.99 %

What happens if they dont?? You prepare for court. Note when the documents have to be sent by, and prepare your bundle well ahead of that.

Do I need to attend court?? Yes, absolutely.

What do I take with me?? A copy of the bundle of the documents you had sent to the judge and other side, notes of the questions and possible answers you might need, notepad and pen.

Am I likely to win?? Cases are decided on balance of probabilities. You have to convince that it doesn't cost £30 to send an automated letter

If not, will I be expected to pay any more fee's ?? No.

I have answered the questions, but thruthfully, I don't think there was any need for me to. SO far, Barclays have never appeared in court, choosing instead to settle any time between 1 and 5 days before the hearing.

I suggest you read all the threads in the Barclays successes forum, and you'll see for yourself the pattern emerging.