olly83 v Barclays ***WON***

olly83 · 21st March 2007, 16:42

Took AQ into Southend County Court at end of February with Draft Order for Directions attached. I asked if this was likely to be used and the clerk said the judge "liked to do his own thing" !!! Today have received a General Form of Judgment or Order stating that District Judge Dudley had ordered a stay until 5th April when it would be referred to the Judge in 'boxwork'. I am assuming that they do not yet require the bundle to be submitted at no mention was made. Has anyone else had any dealings with this Judge and why the stay? Could it be Barclays have not got their a***s in gear and have been given more time to submit their AQ which was due on March 10th. Any comments gratefully received.

olly83 · 20th April 2007, 12:14

An update - Judge considered AQ on 5th April and have now received N24 form Notice of Allocation Hearing/Case Management Conference. This states that this will take place on 27th June at 10.00am. This is Southend Court with Judge Dudley. Any others receive the same form? Is this a new strategy to clear the backlog quicker? Will Barclays put in an appearance? There was no mention of me submitting paperwork although court bundles have been ready for a while. Has anyone else been given this date in Southend Court?

dar£n · 21st April 2007, 08:18

Quote:

Allocation Hearing/Case will take place on 27th June There was no mention of me submitting paperwork

If it was me, I would contact the court and ask the question direct.
or hand it to them and ask them to attach it to your case file.
and then send the copy to B's by Recorded or Special Delivery.

This way you are covering your back.

When it gets closer to the date, maybe 17th it might pay you to contact the Litigation Team and tell them you have a court date.

olly83 · 21st April 2007, 10:00

Thanks for that Dar3n, yes I think that is a good idea, it also sends messages to B that I am prepared to take it to the wire (with the help of CAGers of course!)

olly83 · 25th April 2007, 11:40

Have decided to close down my Barclays account as have found another account that is much more advantageous to me. Can anyone advise me, will this affect the way B deal with me as I am getting close to the "do you want to deal" situation pre-court date. If, NO!!! WHEN they pay me back MY money does it matter that I no longer have an account with them?

oneofakind · 25th April 2007, 12:19

Shouldn't affect anything if you close the account, it's still YOUR money, after all. For the bank to take punitive action against you is against the banking code.

You could play safe, and leave the account open until you've won...

olly83 · 26th April 2007, 08:46

Yes thanks I might just do that.

livelylad · 26th April 2007, 08:47

It wont matter if you close the account they will have to pay by cheque, however if the account is open then they should pay staright into the account which is quicker than a cheque.

olly83 · 7th June 2007, 21:10

Latest update - SETTLED IN FULL!!!! Call Krysta yesterday (on a different number from that on here 02071165835). She said letter was about to come out to me as my Allocation Hearing date is 27th June offering to settle, however the amount was for the original claim of £3437. Told her the daily interest rate and court expenses brought amount to £3622 and she said OK will send to accounts dept. Won't beleive it until it is in my account but looking good!!!
Also said to her about charges incurred since claim begun and she said all I need to do is to write to B again stating the details of this claim and date of settlement and they will refund money straight away as "they will know you are serious and will take it to court". Proves its worth hanging on in there. When money through will of course donate to CAG - couldn't have done it without all the hours spent reading through other peoples threads and great advice from mods

saintly_1 · 7th June 2007, 21:14

congratulations

sea-sidelady · 7th June 2007, 23:09

That is excellent...

Well done.

Let us know when you recieve the money.

olly83 · 12th June 2007, 09:43

Have received settlement letter (with incorrect amount - Krysta said to just amend it). Have signed after deleting confidentiality clause. They also asked me to send with the signed settlement letter the letter to the court withdrawing claim against them. I explained in e-mail I will only do this when money is in my account. Can anyone let me know where there is a template for this letter to the court? Thought I had seen it somewhere on here - any help gratefully received.

dar£n · 12th June 2007, 10:02

Hi you need the N279 Notice of Discontinuance
http://www.hmcourts-service.gov.uk/c.../n279_0699.pdf

DO NOT SEND THIS TO THE BANK!!!!!

olly83 · 12th June 2007, 19:24

Thanks Dar£n will send that off to court only when money is in my bank account which they say will be end of this week beginning of next - result!!!
Should I not send them a copy of the discontinuance form as they have asked even after money in my account?

dar£n · 12th June 2007, 19:39

yes you can send it AFTER you have notified the court. But not before.

olly83 · 22nd June 2007, 16:11

Solvent again!!!!! Money received; donation made to CAG - thanks guys.

slick132 · 22nd June 2007, 17:31

Well done Olly - CONGRATULATIONS.

That should make for a better wekend!

Slick

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