MarioUK v Barclays - transferred to Mercantile **WON**

[MarioUK]

Guys & Girls,

I've reached the stage where Barclays acknowledged my claim (14/01/07) via HMCS Money Claim online. The 28 days they are allowed officially ends tonight 12 midnight.

So what do I do next? If they do not respond by tonight does this mean I win this case by default?

[crashbandicoot]

Hi Mario,

I would recommend that you do not hit the judgment just yet. Chances are that Barclays have, or will put in a last minute defence, and if judgment has been served, they will get a set-aside and only delay your case more. There are a couple of suggestions:

1) Leave it for a couple of days or so and wait to see if their defence shows up. If it does, proceed as normal;

2) Ring the courts, and Barclays legal dept to find out where their defence is. The court may say they haven't received it yet, but Barclays may say it's on its way.

Hitting judgment doesn't necessarily mean you will win by default. As the banks are slippery, they will find any which way to get out of it, and cause more delays, so in fact when they DO send a defence, it is good. It means that the case is progressing just as you want it to. As soon as the Allocation Questionnaires have been received by both sides (the next stage after this) you'll hopefully be given a court date. At that point Barclays will be interested to settle in full before the hearing. Before that they are just following procedures

Hope that helps

[MarioUK]

Oops, unfortunately I’ve requested judgement this morning. So does mean I’ve messed up my chances?

[crashbandicoot]

No, not necessarily. How much is your claim for? If you're lucky they may just pay you (after all that) but if not, just be prepared for a bit more time-wasting on Barclays side....I doubt your claim will be over just yet

[walesie]

Originally Posted by crashbandicoot

Hi Mario,

I would recommend that you do not hit the judgment just yet. Chances are that Barclays have, or will put in a last minute defence, and if judgment has been served, they will get a set-aside and only delay your case more. There are a couple of suggestions:

1) Leave it for a couple of days or so and wait to see if their defence shows up. If it does, proceed as normal;

2) Ring the courts, and Barclays legal dept to find out where their defence is. The court may say they haven't received it yet, but Barclays may say it's on its way.

Hitting judgment doesn't necessarily mean you will win by default. As the banks are slippery, they will find any which way to get out of it, and cause more delays, so in fact when they DO send a defence, it is good. It means that the case is progressing just as you want it to. As soon as the Allocation Questionnaires have been received by both sides (the next stage after this) you'll hopefully be given a court date. At that point Barclays will be interested to settle in full before the hearing. Before that they are just following procedures

Hope that helps

I might be being simple here, but if the bank miss the deadline, surely thats their error? They've got till midnight tonight to file a defence, I was under the impression if they haven't done so by then I can file for judgement then execute a warrant for the baliffs?

EDIT: Just checked on moneyclaim online & if you request judgement before 9am the defendants have until 4pm the same day. This is endless!

Will Barlcays legal team get notified if I request judgement? How long do people suggest leaving it before requesting judgement?

[dickeggsy]

what date did you submit your claim as they have 5 days for it to be served , 14 days to acknowledge and a further 14 days to defend making a total of 33 days from the date you submitted.

[walesie]

Originally Posted by dickeggsy

what date did you submit your claim as they have 5 days for it to be served , 14 days to acknowledge and a further 14 days to defend making a total of 33 days from the date you submitted.

Not sure if that was aimed at myself or mario, I'll stick my oar in anyway!

Filled in the bit on moneyclaimonline on 11th Jan, served on the 16th & they acknowedledged it on the 30th. As of 12am tonight I can request judgement

[dickeggsy]

yeah your right , just checking.lol.
they will probably defend at the last minute or the day after the deadline.they have done that before and gotten away with it.
good luck anyway.

[MarioUK]

Originally Posted by crashbandicoot

No, not necessarily. How much is your claim for? If you're lucky they may just pay you (after all that) but if not, just be prepared for a bit more time-wasting on Barclays side....I doubt your claim will be over just yet

My claim is for £1342.

I've just checked Money online Claim :-

Defence

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."


Should I start to worry?

[walesie]

Originally Posted by MarioUK

My claim is for £1342.

I've just checked Money online Claim :-

Defence

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."


Should I start to worry?

I've got the same message today. Standard practise I believe, have a read of the other threads on here for advice on the next steps

[crashbandicoot]

Originally Posted by MarioUK

My claim is for £1342.

I've just checked Money online Claim :-

Defence

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."


Should I start to worry?

Nope, not at all. This just means they've now entered a defence...so as I had said, they have sneaked it in last minute anyway.

Just proceed as normal now. You should receive a copy of their defence soon (it'll be the one they seem to send to everyone) Then you'll eventually receive an Allocation Questionnaire, and once that has been returned by yourself and Barclays, you'll be given a hearing date.

Don't panic....it's good that it's all progressing as normal

[MarioUK]

Guys & girls, I think this may be the end for my case.

I recieved the questionaire yesterday but this evening received a letter saying

Notice of Judgement Rejected

Your request for judgment in this claim has been rejected for the following reason:

Case status is set (eg paid, transferred, etc.)


What does this mean? Is it my claim over?

[dickeggsy]

what exactly did it day .
please type the whole thing out so we can scrutinize it.
it's not over yet.

[dickeggsy]

i think i have got it , you requested judgement on MCOL but it has been rejected.
thats ok i think , just wait for your AQ to arrive.
now it goes to county court.

[MarioUK]

dickeggsy,

I did receive the AQ the day prior. the only information on the Notice of judgement Rejected

was

Your request for judgment in this claim has been rejected for the following reason:

Case status is set (eg paid, transferred, etc.)

[MarioUK]

Please help!

On the 12 Feb I requested that HMCS Money Claim to enter a judgemnt as the 28 day barclays were allowed expired. Barclays defended the very next day.

I received a questionaire in the post a few days after however,yesterday I receive another letter: Notice of Judgment Rejected

the only thing written on the letter was:

Your request for judgment in this claim has been rejected for the following reason:

Case status is set (eg paid, transferred etc.)


What does this mean? Is my claim over?

[dar£n]

Sounds like Barclays stepped in at sudden death as they like doing, apparently they can still put their defence in even when YOU think your deadline has passed. If i were you Id take it as though the claim is still going ahead.
Wouldnt hurt giving the court a call though to clarify.