car2403 -v- Barclays Bank "won"

[ukaviator]

Thread moved back from successes to get more help. .

[car2403]

Originally Posted by 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.

Ah ha! That's a polite way of saying I was being thick, then!

I'll have another read around a debt order...

[slick132]

Hi Car and welcome back.

Hope this will give you better publicity to get paid soon.

Also, to warn others of the problems in getting paid.

[tonycee]

Originally Posted by car2403

Ah ha! That's a polite way of saying I was being thick, then! ..

Not at all.
It was a polite way of offering a possible alternative.

[car2403]

Originally Posted by tonycee

Not at all.
It was a polite way of offering a possible alternative.

NP, I was kidding... I think I'll give the Bailiffs another few weeks to see if they come up trumps, then try this.

[slick132]

Hi Car,

Still no news, I take it.

Re Barclays building being secure, isn't it the same with someone's locked front door or any premises where bailiffs have to enter. Surely, that's why people use bailiffs.

Have you complained to Bow CC that bailiffs are not treating your case with the same urgency as other, and perhaps easier, debtors.

Slick

[car2403]

Still nothing this end, slick.

I will be ringing the bailiffs again this week to see what progress they've made, if any. If they still fob me off, I'll be writing to the Court Manager (Enforcement Section?) with my concerns and asking for a refund of the Warrant of Execution application fee. (Although, I paid Morpeth County Court this, so I will send them a copy of the complaint letter as well for reference, at least).

I'd like to know why this isn't happening?;

How do bailiffs and enforcement officers recover the money you owe?

• they can seize and sell your goods to cover the amount of a debt and costs you owe. This is called ‘levying distress’;
• they may, initially, contact you by telephone or by letter to give you the opportunity to pay the debt. If you do not respond, or you do not agree to pay the debt, they will visit your premises to seize your goods but will not do so if you pay what is owed. You may be able to arrange to pay the debt by instalments. You can discuss this with them;
• if they seize your goods, they may take them straightaway or leave them at your premises.
Page
• if they leave the goods with you, this is called ‘walking possession’. This means that unless you keep to the arrangement to pay, they have the right to return to your premises at any time to remove the goods and sell them at public auction. Once they have taken walking possession you cannot dispose of the goods seized until the warrant is withdrawn;
• they will try to obtain the best price for your goods if they are selling them at public auction.This price includes the fees that they are entitled to charge, the cost of removing the goods and the cost of selling them.
It is important to remember that auction prices are usually lower than high street prices.
The court may allow the goods seized to be sold privately rather than at public auction. This is called ‘private treaty’. You should seek advice to see if this will be possible.

Interestingly, there is a section about complaints about bailiffs, but it all seems to be from the Defendants perspective, not a claimant?;

http://www.hmcourts-service.gov.uk/c...ex345_0606.pdf

I have looked at the option of a third party debt order, but I need this, for the application;

What information will I need to complete Form N349?

You will need to state:
• the judgment debtor’s name and address; Got this
• the total amount of the judgment, the amount still owing including any costs and interest, and, if the judgment was payable by instalments, what the total amount of the instalments that are in arrears is; Got this
• the name and address of the third party; the address must be in England or Wales; This is the bit I'm stuck on?
If the third party is a bank or building society you must give its name and the address of its Head Office. If you know them, you should also give the name of the branch where the account is held, the branch address, the bank’s sort code, if appropriate, and the debtor’s account number.
• whether or not you know if there is anyone else who has an interest in the same money (with details if there is); and Got this
• whether or not you have made any other applications for third party debt orders in respect of the same judgment. Got this
The application form contains a statement of truth. You will have to sign it to confirm that the facts set out in your application are true. Remember that proceedings for contempt of court can be brought against you if you sign a statement of truth without an honest belief in its truth.

Now, does this mean that I need to know who/where Barclays holds it's accounts? The bit above about Banks/Building Societies is where they are the "third party", not the Defendant - I may end up having to do a N446 application for information from the Defendant, then having to complete the N349, which of course means MORE cost!

This sounds like some sort of extortion racket to me!?

	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

	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.

[slick132]

Hi Car,

I'm not sure but are they looking for 3rd party details, the 3rd party being the bank that holds the debtor's bank a/c.

It goes on to say, " If the third party is a bank or building society you must give its name and the address of its Head Office. If you know them, you should also give the name of the branch where the account is held, the branch address, the bank’s sort code, if appropriate, and the debtor’s account number. "

Have you thought of seeing if any TV peeps are interested in you having a judgement they could film being enforced.

[car2403]

Ah, slick, I read that as being the Bank/B.Soc being a "third party" - ie, I sue you and win, your Bank/B.Soc is the third party the Court sends the Debt Order to? I don't think it means where the Defendant IS a Bank/B.Soc? (I could be wrong!)

Something decidedly sniffy is going on here, as I've just received this today;

In the MORPETH AND BERWICK COUNTY COURT;

EX77 - Interim return on a Warrant of Execution;

To the Claimant;

The debtor states that you have been paid direct and he saw the document(s) detailed below. The warrant is now considered to have been paid. Please let the Court know within 14 days whether the information given to the Bailiff is correct. If you do not do this, the warrant will be filed away and you may have to pay a fee if it necessary to re-issue it.

The proof shown to the Baliliff was as follows;

Return date 31-OCT-2007

Please reply to;

Bow County Court

Now, what does this mean? Remember that call where they claimed they had a right to off-set my Overdraft with the claim amount? Could they have balantly ignored by (hopefully recorded!) conversation where I clearly said they have no "right" to off-set and doing so would not satisfy me, therefore the Court, in meeting the claim as laid down?

I also haven't received anything from them dated 31-Oct, so could they have purjured (spelling?) themselves by showing the Bailiffs something that hasn't happened?

Too many questions!

I'm ringing Bow CC again tomorrow to get the full low down!

Not happy, here!

	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

	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.

[slick132]

See what Bow CC says and if they can send you copy of doc't showing when and where pay't is supposed to have been made.

Have you checked the a/c in question to see if they've reduced your o/d.

Slick

[car2403]

I can't check this account, as they've removed if from my old Internet Banking account - which is probably intentional on their part.

Incidentally, I'm also challenging the enforceability of this overdraft balance in my other thread, here;

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

This could be an attempt to solve both issues by off setting the overdraft with the charges reclaim and then trying to sweep both under the carpet.

	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.

[slick132]

Hi Car,

Just had a look on other thread - I see now how complicated the issues are. Over my head to be honest but good luck with the ongoing battle.

As another poster said, you don't do things by halves !

[car2403]

Didn't get to ring the Enforcement Team in time this morning, so I'll have to try again tomorrow before 9am.

[car2403]

[Removed as a duplicate of the last post]

[car2403]

Missed the bleeding Bailiff again - you have to up and out quick to catch these guys in the office!

I've just tried to ring Krysta from the Legal Team on 0207 1164753, which is on the Barclays forum sticky - am I so out of date on these contact details that I've got the wrong number?

[slick132]

Hi Car,

Kate's Direct line was 0207 116 4664

Fax was 01452 638 430

Slick

[car2403]

Got through to the Bailiff who has said that Barclays paid them on 31 October and they pay this in to Bow County Court, who hold on to the payment (a cheque) for 14 days to ensure it clears then forward payment to me. He said I should have the funds by next Friday or to call back for an update.

Interestingly, (and I hadn't noticed when the warrant was issued!) Morpeth County Court issued 2 warrants for me - 1 for the right amount and another for £2.5k! They wrote to Bow to withdraw the wrongly issued warrant, but the Bailiff had to tell Barclays that because they were going to pay me £2.5k! (I bet someone is waiting for that - any claimants issuing warrants against Barclays from Morpeth CC that isn't me on CAG?)

So, it's another waiting game, but at least I have some assurances that I'm near the end-end-end-game 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]

Ive been harrassing Bow court, and bailiffs, aswell as MCOL, after they ignored my friends warrant.

In my last email I put "Rumours that your bailiffs are scared of Barclays have filled me with disbelief". I thought this might give them a kick up the butt. You know what their ego's are like.

Within days, it showed as paid on MCOL, so hopefully my friends money is on its way too.

[car2403]

I've just rang Bow Customer Services as I haven't received any funds from them - they are now telling me that the Defendant still hasn't paid funds in to the Court, via the bailiff or otherwise.

When I said that I'd spoken to the Enforcement Team almost 2 weeks ago and was told that I should wait 2 weeks then chase again, she said "ah, you'll need to speak to the Enforcement Team again" - she transferred me to them, but the lady answering said I'd need to speak to the bailiffs again and that can't happen until tomorrow morning between 8-10!

Aaaaarrrrgggghhhhhhh! What next? Barclays Bank doesn't exist?!

I'm going to ring them tomorrow, record the conversation, then save that to a CD and include it in a complaint letter to the Court manager. I'm then going to copy my MP on that letter and send a further copy to Barclays litigation team and Customer Relations.

What do I need to do to enforce this judgement?

[slick132]

Hi Car.

The patience of a saint by the looks of it.

Let us know what they say in reply and I'll see if we can get some further help on this - it's flipping (I used v bad swear word here at first) OUTRAGEOUS.

Slick