Belly vs Barclays

[Belly]

Hi everyone,

I started the whole process a couple of months ago sending my S.A.R - (Subject Access Request) on 9th February. Things have gone very much true to form and I am now at the stage of applying with MCOL to claim the £925 of charges from Barclays.

Have just paid my £120 and filed the claim. Should I now send off the 2 copies of my schedule of charges to Nottingham or should I wait for the claim to be acknowledged? Also, when do I send another copy of the schedule to Barclays. Do I wait until they have acknowledged the claim?

I know that I still have quite a way to go before they pay up but I'm started to get excited now.

Belly

[PPMAN159]

I think that you need to wait until the claim has been acknowleged by Barclays before sending them the interest schedule.

[Michael Browne]

Should I now send off the 2 copies of my schedule of charges to Nottingham

Yes except it's |Northampton

Also, when do I send another copy of the schedule to Barclays. Do I wait until they have acknowledged the claim?

Yes

[Belly]

Of course I meant Northamptom - slip of the finger

The schedule of charges that I send to the court now, and later to Barclays when they acknowledge the claim, should include the S.69 8% interest, right??

Thanks for your help.

Belly

[Michael Browne]

should include the S.69 8% interest, right??

Yes

[Belly]

Great. Will get the initial 2 copies sent off to the court.

How long does it normally take for the Banks to acknowledge the claim? I think I've read that it is 4 days until the claim should be deemed served and then they have 14 days to acknowledge. Is this correct?

Belly

[dar£n]

close enough, generally its 5 days, then 14 days

[Belly]

I have just received the standard offer of approximately 3/4 of the sum being claimed, namely £695 of the £925 I want back. I didn't think they were going to bother with this step in my case as I thought it usually came before now, but I guess they are a bit swamped with claims at the moment.

Do I still reply to this letter saying that I accept it as a partial settlement, but will be continuing to claim the remainder, or should I ignore it as I have already filed a claim with the County Court.

I suspect I'll do the former as it might not look good should it come to court if I have ignore them, but advise appreciated.

Belly

[dar£n]

No, you must reply to them using
Rejecting Offers

you must be seen to be communicating with B's reasonably or they will have the defence that they attempted settlement which was ignored.....not good for you.

[Belly]

Thanks for pointing me in the right direction.

Letter 5 form the Rejecting Offers thread will be sent tomorrow to Charlotte Burr in Leicester via recorded delivery.

Belly

[Belly]

Just checked on MCOL and my claim is still listed as issued. It was issued on 12th April so over 14 days ago. Nothing further from Barclays.

What's the next step? I havn't sent Barclays another schedule with the interest yet as they havn't acknowledged the claim.

Should I sit tight a while longer or should I start the judgement process.

Any advise appreciated.

Belly

[PPMAN159]

The court views that it takes 5 days for the claim to be served so Barclays should have received it on or around the 17th.

They then have 14 days to respond so I would leave it a few more days until you hit the judgement button as Barclays will more than likely file a defence at the very last minute.

[dickeggsy]

you can count on it , they will defend at the last minute .
you just have to be patient.

[Belly]

OK thanks

Will wait until the 2nd May before going any further.

[Belly]

OK, as predicted, Barclays have ackowledged the claim yesterday at the last minute. Time to send them a copy of the schedule of charges including the 8% interest.

I wonder if its worth giving them a call to see if they will settle as others have had some success this way. Save the hassle of preparing a court bundle etc. Does anyone know who I should try to contact?

Cheers
Belly

[Belly]

I have received a letter of notice that my claim is being transferred to my local court. The notice reads as follows:

TAKE NOTICE that the Case Management Conference will take place on
16 August 2007 at 10:30 AM
at Shrewsbury County Court
When you should attend.

Is this an actual court date where my case will be decided or just a preliminary hearing? There is no mention of when documentation needs to be submitted.

Any ideas anyone?

[saintly_1]

Think its just another term for a directions hearing have a read here GOT A COURT DATE? A guide to the later stages

[dar£n]

belly, try your luck,
contact the litigation team, tell them you have the court date in aug,
DONT TELL THEM ITS NOT THE HEARING
They will assume they have misplaced the pk or simply havent been notified yet.
Ask them if they are prepared to settle before this date.

When contacting them have ALL your updated figures at hand.
If they dont agree with your amount dont agree unless you are happy to do so.

see here:
Barclays Litigation Team Good or Evil? You Decide..

[Belly]

Thanks Saintly.

I was thinking of contacting the Barclays litigation team as per Dar£n's thread. If this is only a directions hearing and not the full monty, will this make any difference in them agreeing to settle do you think?