car2403 -v- Barclays Bank "won"

[TECHSPEC]

I have been ignored by Bow for 3 months, and emails to MCOL are just passed back to Bow.

They have just sent a letter, saying they have so far been unable to gain entry to barclays.

The same day, they told MCOL my claim was settled.

What a complete set of useless muppits,

This claim is for my friend, who really needs the money. I was refused judgement by MCOL, and Barclaycard paid me weeks ago, as a gesture of goodwill.

The only people struggling to get their money, now that barclaycard are settling all claims, are the ones waiting for Bow bailiffs to get off their rears.

[car2403]

The plot thickens even more... if that's possible!

I've just rang Barclays litigation team and spoke to Tom Hickey, who deals with warrants apparently - he has said the bailiff was paid over 2 weeks ago and he has a copy of the cheque and the "trans" receipt from Bow. He's going to email me over copies of them now.

He did say that Bow was a nightmare to deal with as they have so many Bank Head Office's in their remit that they tend to get snowed under, (no kidding!) so this isn't the first problem he has seen like this.

I'll be giving the bailiff that received the payment (I have his name, but don't want to post it up here in case I'm being filled with a load of twaddle!) tomorrow. I don't suppose I have a reason to query Barclays view on this, as it's a breakdown between Bow CC and their Enforcement team, IMO...

[saintly_1]

Wouldnt like to be that Bailiff in the morning ........... go get em car

[car2403]

The receipt is issued by Bow CC on 25 October, received back at Barclays HQ on 31 October - this means that the Court has now had MY money for 4 weeks this Thursday!

How can they now say they haven't received it? I bet this has something to do with that rogue warrant for () £2.5k!

Roll on 8am tomorrow morning is all I can say... The cheeky blighters!

[TECHSPEC]

This is what MCOL have to say about my friends money.

Thank you for your e-mail. I contacted Bow County Court who confirmed that the payment the Bailiffs received was sent to you on 1st November 2007.


Something stinks about all this!!

[slick132]

Are they just crap with admin or is someone sitting on your money gaining interest.

Go gettem in the morning !

	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]

Apparently, (I'm not holding my breath!) I'm included in the payment run that takes place every 14 days (!) tomorrow - this should mean I get the cheque on Friday.

They did qualify that by saying "if you don't receive it, call back on Monday morning" - which isn't inspiring me with confidence.

I figured wait until next week to make my complaint, because I don't them delaying any further as a result of doing it now. Once I have the cheque that will be a different matter, though, don't you worry!

Ggggrrrrrrrrrrrrrrrrrrrr! (Easy, Tiger!)

[TECHSPEC]

I wouldn't be inspired either. At the end of my email, they added:-

If the payment has not arrived in Monday's post then you will have to contact the local court or the defendant to see if it has been returned.

[car2403]

I've just arrived home to a cheque from Bow CC on my doormat! The dirty, cheeky beggars - why couldn't they have just said it was already in the post today? They clearly don't have a clue down there! I'm still going to write to the Court Manager and my MP, as I imagine others (Techspec for one!) are in the same position.

Nonetheless, I've WON my claim and I've fought a big, fat, nasty Bank to ENFORCE my rights against them - it's been a long trawl to get here, dating back to February this year, but it's all thanks to CAG that I got through this at all. I would definately have given up if it wasn't for the guidance - not really the support, as I tended to pick up things from threads of other posters, rather than get specific help on my thread - that I've had along the way. I certainly couldn't see myself issuing a Court claim, let alone a Warrant of Execution, 8 months ago!

Donation on the way... (when the cheque clears, that is... knowing my luck...)

I have to say, doing this has totally inspired me to get hold of my finances by the scruff of the neck and sort that side of my life out. Since starting this claim, I've learnt so much that I'm now challenging EVERY Default that has been recorded against me by these unscrupulous financial institutes - in fact, (touch wood!) I think I have a very good chance of getting EACH ONE removed... Take a look at my other threads, linked in my sig, if you're interested in following my story.

Note to mods/site helpers - feel free to move this thread to the success forum, if you really feel it's necessary. I personally would leave it where it is as other Barclays claimants need to know what they are facing in pressing forward. Happy for you to move if, if more appropriate though... Ta.

[slick132]

Hi Car,

At long last, this is great news and well deserved.

Your thread will be changed back to **WON** but should serve as a warning to those having to deal with these Bailiffs. What a bunch of imcompetants.



Well done (eventually), Slick

[Bigmac versus]

Congratulations.

[TECHSPEC]

Glad to hear you got the cash, you certainly deserved it. My friends cheque as also arrived today, after 3 months of farce by Bow county court.

I had another victory against NatWest today after i threatened court action. A couple of weeks ago they removed my default, and today they refunded £11.90 that disappeared from my account when it was closed. Not a lot of money, but it was the principle.

I got the confidence from this site and MSE. I would never have threatened court action before, but i know that its the only language the big banks understand.

Good look with your other fights, and enjoy spending the cash, which i am sure comes in handy at this time of year.

	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

[peep]

[quote=car2403;1084767]Well, that's it - I've had my day in Court with both Barclays and NatWest! Sorry in advance for the lengthy post, but this will be critical information for those that have hearings in the next few days...

On arriving at the Court, NatWest's solicitor asked for a "word in private" - "here we go...", I thought! He was a really nice chap (but they all are, aren't they!) who said that they had already applied for a stay last week, so the Judge would probably just approve his application "on the nod". You should have seen his face when I spoke up and said, "ah, but are you aware that I will be arguing against the application" - priceless! I showed him the application rejection letter I sent off last week and he admitted that this was the best argument against the stay application that he'd seen! (1-0 to us CAG'ers, then!)

Firstly - thank you for posting this, its very helpful.
Can you please tel me where i could get a copy of your stay application argument?
I am currently putting my defense and counterclaim together for NatWest and would really like to object against any application made by them for a stay.
I also want to force then to remove all the default notices they have placed against us. Do you have any idea how to do this?

Thank you so much and congrats

peep xx

[car2403]

You seem to be a bit confused?

My original Barclays claim was one of the first to go through the stay process - the Judge refused them their stay application on the day of the hearing as they hadn't made a formal application. (They had only sent a letter saying they intended to apply, but then didn't) I believe this was that Judge's attempt to fight back, as he was clearly "P'd" off with Barclays! If that happened again, I would be shocked, as all the other claims were stayed after this.

The NatWest one was (and still is!) stayed, as they did make a formal application.

There is a thread on CAG somewhere regarding stay removal, but, TBTH, I think it's a waste of time - unless you have financial difficulties, are about to die in the next 6 weeks, or can play the "Judge lottery" and win, your claim is most likely to be stayed until the OFT test case result is known.

Just my opinion, but the evidence does back it up.

To answer your question about claiming to remove the Defaults, have a look at the thread regarding the follow up claim against Barclays, which was successful;

car2403 -v- Barclays Bank (Default removal)

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[slick132]

Hi Peep,

Car is quite correct - unless you have exceptional circumstances (and I can only think of 1 case re benefits and hardship), you will NOT get a court to lift your Stay.

If your claim is for a business a/c, the situation is different but still not straightforward.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[overdone]

car2403 - One day I hope I can grow up to become a courageous genius like you. I am a long way off at the monement.