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SAMARASEA v Barclaycard x 2 - Help Bclays not filed acknowledgement
Hi all,
I filed a claim against Barclaycard (Barclays) on the 17th August 2007.
It was deemed served on the 19th August
They had until the 3rd September to reply .
Today is the 5th and have just rang the court and they have not heard diddly squit from Barclays. They even checked the mounting pile of papers to see if anything was in there and there was nout.
Is it worth me requesting judgement on the basis that they have not filed an acknowledgement of service or wait till the full 28 days from the date of service (14th Sept) to file for Judgement?
Any advice and help would be vey much appreciated.
Re: SAMARASEA v Barclaycard x 2 - Help Bclays not filed acknowledgement
The same thing happened with my 2 claims with barclaycard I filed for default judgements 2 days later and thought i had won!! What ever you do do not ring Barclays litigation . I did 3 days later and they then submitted a defence!! I was told by litigation that they expected me to win by default when my stays were lifted but the court accepted their defence 5 days late!!! no justice.... It has now proceeded to aq and a court date will be issued in about a weeks time when they will finally pay up!!
Re: SAMARASEA v Barclaycard x 2 - Help Bclays not filed acknowledgement
Hi alp,
Thats just crazy!!! Certainly wont be ringing anyone apart from the Courts!!!
As of yesterday they should have submitted a defence and at 4pm still nout.
Going to ring back on Monday just to double check and if there is still nothing then they are going to be hit with a default judgement.
The same as you may happen but who knows, we will have to wait and see. Actually I will as I am having major back surgery on Tuesday so I won't be doing anything related with Barclays for a wee while.
Thanks for the heads up alp and keep me posted as to the outcome of your claim.
Re: SAMARASEA v Barclaycard x 2 - Help Bclays not filed acknowledgement
Hi all,
Well it has been a while as I had major back surgery 4 weeks ago and am on the road to recovery.
In my previous post I mentioned that I had I filed a claim against Barclaycard x 2 (one claim)
on the 17th August 2007. It was deemed served on the 19th August. They had until the 3rd September to acknowledge and the 14th September to file a defence.
I rang the court on the 5th and they had not heard received an acknowledgement from Barclays. Rather than file for judgement I decided to leave it for a while.
By the 18th September I still had not heard anything, no acknowledgement and or defence. I rang the court and explained the situation. They checked the file and even checked the mounting pile of papers going back 5 days to see if anything was in there and there was nothing.
I filed for Judgement that day using the Notice of Issue form and sent it in.
Again Barclays get away with it again and the next thing I receive a copy of the acknowledgement dated the 17/09/2007, A copy of Barclays defence not dated but fax date was the 17/09/2007, An AQ to be completed and returned by the 19th October. I sent the AQ in recorded delivery on the 11th October. How can they do this and get away with it????
Today I receive correspondence from the court
a. Letter stating that my Judgement request has been returned as an order has been drawn for this case and that my AQ is not required to be completed as my case has been stayed.
b. Returned Judgement
c. General Form of Judgement or order from the District Judge (Willers), stating:
1. The claim be stayed pending the outcome of the test case in the High Court
2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined.
Did they read the AQ? I doubt it very much as the correspondence was dated 5th October!
I am aware that Credit Card Claims cannot be stayed and that this has happened to others in CAG. However, Barclays did not apply for he stay, the District Judge enforced it. I did see a Barclaycard thread where this had happened but I cannot remember who it was? I do recall that they contacted Barclays who in turn stated that the charged would be repaid etc etc.
I rang the court and informed them and was told to write to the District Judge.
Can anyone help me with the thread I mentioned, possible text to write to the District Judge and or best course of action.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
SAMARASEA v Barclaycard x 2 - Help Bclays not filed acknowledgement
) on the 17th August 2007.
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