car2403 -v- Barclays Bank "won"

[livelylad]

Congratulations!!

[car2403]

Nothing from Barclays, but that isn't a surprise.

They are either going to make me wait until the last minute, (14th September is the end of the 28 days for payment) or they just aren't going to pay at all!

I've drafted this to send to them this Friday;

7 September 2007

car2403 –v- Barclays Bank PLC
Claim No: XXX
Dear Sir/Madam,
I, the Claimant in the case referenced above, refer to the County Court Judgment entered against you by Order of District Judge X at the hearing held at Morpeth and Berwick County Court, on 17 August 2007,
As you are aware, the Court allowed 28 days for payment to be made to satisfy the Judgment – to date I have received no such payment from you.
Please be aware that I will seek to enforce this Judgment against you by issuing a Warrant of Execution with the Court if payment has not been received before 14 September 2007, which will include additional costs to you in enforcing Judgment.
I look forward to hearing from you in reply, or to receiving payment in full in the form of cheque made payable to me and sent to the my current address shown above.
Yours faithfully,

I know this is pushing it a little, but I feel so sorry for all those litigants that are having their case stayed (which includes some of my other claims, BTW!) that I really won't give them an inch here!

The moral victory will be ours!

[slick132]

Car,

They deserve anything that comes their way, the arrogant Bankers!

Slick

[livelylad]

Thread moved to success forum.

[car2403]

Still nothing from the Bank/Court - just waiting for the warrant to be issued now. (and the £55 cheque for the fee to clear)

[car2403]

Litigation team just called me to advise me that they are going to offset my overdraft of £1200-odd with the £880 that they've been ordered to pay me - strange that, as they have no legal right to offset my debt and they would also be in breach of the Court's Order if they did that. I also mentioned that that particular debt was unenforceable and I had decided not to pay them, all as a result of this thread;

http://www.consumeractiongroup.c o.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

When I told the girl this, she took 10 mins to "speak to a colleague about it" (yes, I had the monkey on the phone!) and came back to say that the debt would still be offset. I then moved the conversation on the the issue of the bailiff warrant, (which was issued by the Court yesterday, BTW!) which did seem to throw her slightly, even though I've been a nice litigant and wrote to them to tell them what I plan to do. She then came back to ask if a cheque would be ok!

I've told them they need to pay the bailiffs the money, plus the bailiffs fee of £55 so they need £945 as Ordered by the Court.

Hopefully these bailiffs will get their fingers out and collect quickly, as I'm feeling the pinch a little with my other claim against NastyVest being stayed until the TC outcome...

Still, nice of Barclays to finally acknowledge my case against them - despite not doing so since I started this process back in March!

Read them to filth!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[car2403]

Still heard nothing from the Bailiffs - has anyone any advice, or being through this process themselves, as I could really do with this cash now?

The warrant was issued in September - I know there's been a postal strike, but how do I chase this up? With the Court, or the Bailiffs it was sent to?

[slick132]

Hi Car,

It seems ironic that you're stuck over here in the "WON" section andthe Bankers STILL haven't paid.

I'm sure others will be here to advise on next step but I'l keep a watch.

If this were me, I'd be screaming by now and ripped out all my hair.

Slick

[TECHSPEC]

Originally Posted by car2403

Still heard nothing from the Bailiffs - has anyone any advice, or being through this process themselves, as I could really do with this cash now?

The warrant was issued in September - I know there's been a postal strike, but how do I chase this up? With the Court, or the Bailiffs it was sent to?

Why did you refuse a cheque? All you had to do then, was inform the baliffs you had the money, and call them off.

If you sent them to Churchill Place in London, then I am afraid the bailiffs at Bow County Court are useless, and appear to be scared of the big bank.

I sent them in August, and despite 2 letters, an email and 2 phone calls, i have still not had a response.

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[car2403]

I didn't refuse the cheque, they said they would only pay the bailiff once a warrant had been issued.

The claim was against Churchill Place. I've checked and the warrant has been sent to "BOW" bailiffs - obviously Bow County Court - for enforcement.

I suppose I could call the litigation team and "suggest" they can pay me and I'll inform the Court they've paid, otherwise my chances getting paid soon seem small. Rediculous, given I've gotten this far to have it stall now!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[TECHSPEC]

"I didn't refuse the cheque, they said they would only pay the bailiff once a warrant had been issued".

Originally Posted by car2403

She then came back to ask if a cheque would be ok!

I've told them they need to pay the bailiffs the money, plus the bailiffs fee of £55 so they need £945 as Ordered by the Court.

[TECHSPEC]

Originally Posted by car2403

I suppose I could call the litigation team and "suggest" they can pay me and I'll inform the Court they've paid, otherwise my chances getting paid soon seem small. Rediculous, given I've gotten this far to have it stall now!

I am currently trying that tactic, offering them a chance to pay. It worked on a stayed case.

But the baliffs have a duty to do what they are paid for, and should be collecting the money or letting us know why not.

Try the Manager of the bailiffs, Mr Ogborn. His direct line telephone number is :020 8536 5231 (RING BEFORE 10AM)


Email:- Bailiffs@Bow.countycourt. gsi.gov.uk


Bow County Court
0208 536 5200

[car2403]

Originally Posted by TECHSPEC

"I didn't refuse the cheque, they said they would only pay the bailiff once a warrant had been issued".

There's a post missing then, as the Litigation Manager called me back the next day to say they wouldn't raise a cheque but would pay the Bailiffs directly and I'd have to speak to them to get the funds. (Isn't that what I've paid £55 for?)

I'll give the Bailiffs team a call as they haven't given any information to me, despite having several of my direct contact tel numbers.

[miss muppet]

So sorry car, what a frustrating experience, well done for keeping after them, they shouldn't have a credit licence should they, just seem above the law They agreed to refund our charges which almost wiped out alleged debt and default removal, didn't pay, case restored for 28th September, case stayed 20th August, Mercers ringing us up, complaint gone to FOS, wonder if we'll be able to claim interest, certainly hope so for the time between when they agreed to pay up and case due to be restored! Hopefully you'll get your money soon, will be looking out for you

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[car2403]

Don't get me started on the Default removal - I may have a cow!;

http://www.consumeractiongroup.co.uk...k-default.html

[car2403]

I'm even more furious now!

1 Churchill Place is a secure building, so the Bailiffs can't force entry to seize goods. They also have a HUGE backlog of warrants that require execution, so they can't execute them properly due to their workload and normal cases that they "have a chance" of getting paid on first, (ie, none of the Barclays cases!) take priority.

In effect, the Bailiffs send Barclays Litigation Team a letter giving them 6 weeks to pay and they take the full 6 weeks do to that! How is that different to the Court ordering them to pay in August and I'm still waiting, but I've been had for another £55 in fees for the benefit?

In fact, the guy was really nice and said he would speak to the Bailiff that was dealing with it as he was out and see if he can push my claim to the top - but he couldn't guarantee anything. He said I should call back in a few weeks for a further update.

I know it isn't the Bailiffs fault! But yet again the Bank holds all the cards and dictates the timetable! I wonder whether if I'd issued the claim against a branch address I would have had more success?

[slick132]

Hi Car,

I remember reading a post when someone said to use a specific firm of Debt Collectors who had bigger balls than Bailiffs, and would get quicker results.

Of course this would help more if I recalled who, when or where.

Maybe someone else will know.

If I were a Mod, I'd put your thread back on main forum till you're paid to give you better coverage and advice AND to act as a warning to others.

Good luck, Slick

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[tonycee]

Hi Chris...Bums to Barclays is all i can say..

Have a think about this route.

Read Ex 321 & Ex 325, and submit form N 349.

Your can download them here.

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

The link does work despite what it says.

I guarantee they will pay on the spot if granted.

Good luck.

[car2403]

Originally Posted by slick132

If I were a Mod, I'd put your thread back on main forum till you're paid to give you better coverage and advice AND to act as a warning to others.

Happy to have it moved again Slick, if it gets advice/results... (Can you do that, or do I need to PM a mod?)

Originally Posted by tonycee

Hi Chris...Bums to Barclays is all i can say..

Have a think about this route.

Read Ex 321 & Ex 325, and submit form N 349.

Your can download them here.

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

The link does work despite what it says.

I guarantee they will pay on the spot if granted.

Good luck.

What's the benefit of a charging order, tonycee? I can't see any difference between this and a warrant of execution, or am I being thick? (I'd like to avoid another wasted £55 application fee!)

[tonycee]

I was suggesting a debt order.
If granted the courts would automatically freeze Bs own account, effectively preventing them from trading.
With a multi billion ££££ operation, giving a £ 2,200 per second profit margin, i am suggesting they wouldnt be able to pay you quick enough.
It was only an idea, i hope things work out soon whatever you decide.
Good luck.