Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 16 of 16
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Alison82 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    828

    Default Shall I issue a judgement?

    Hi everyone

    I have just been on the phone to my local court to check on my progress with Barclaycard. The claim was served on the 5TH October 07 and they had until the 19th October 07 to reply. They have not replies as of yet; I was told I can issue a judgement against them, should I wait a few more days or should I just issue it now, and what is the best type of judgement to issue? My claim is for £2005

    Many thanks in advance

    Similar Threads:

  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    I am in
    Hertfordshire
    Posts
    8,871

    Default Re: Shall I issue a judgement?

    Hi Alison, yes, if they have failed to answer in the prescribed time the file for judgement, i am going to ask that is moved to the Barclaycard forum.

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  3. #3
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    I am in
    Hertfordshire
    Posts
    8,871

    Default Re: Shall I issue a judgement?

    Sorry I missed a bit, the only type of judgment available to you is that you win by default as they havnt answered in the timescales. Also you want payment immediately.

    Hope this helps

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  4. #4
    Site Team ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    10 Miles Final
    Posts
    13,732

    Default Re: Shall I issue a judgement?

    Thread moved . .


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Camdenite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    638

    Default Re: Shall I issue a judgement?

    Hi Alison, I was advised (Camdenite Vs Providian/Monument) to hold fire on requesting judgement until the 28 days have passed after they we're due to submit their acknowledgement of service. The reason being that b/card fight dirty and will get away with filing a late defence if you try and request judgement at this stage.

    It's painful how the courts will let them get away with it, but you may be best waiting another month (sorry ) until the time has elapsed and they can't file a defenceicon in time.

    I'm in exactly the same scenario and have had to be patient with them.


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Camdenite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    638

    Default Re: Shall I issue a judgement?

    For a bit more detail. See below:

    Quote:
    Originally Posted by Camdenite
    Nope, not even acknowledged, according to the Court when I phoned them this lunchtime. the deadline was up on Monday 1st. If they're late, I can request judgement can't I?
    Hi Camdenite.
    I hope you dont mind me sticking my oar in, but i think you need to be very patient with Bcard.
    Of all the people i am claiming from, I think 9 at the last count, Bcard are playing the hardest nut to crack.
    Allthough, technically you have won your case, i woudnt rush into requesting judgement just yet.

    Of course you can go ahead with your request, and i wish you well if you do, but i would wait a week or so and then check on Bcs response with the court.

    As Slick says, if you go for judgement now, allthough its late, i guarantee they will rush a defence through, and it will be accepted.
    A real Pee off i know, but thats whats happening im afraid.

    If you wait just a while longer, the court wont look to favourably on them if its that late.

    I have been dealing with Bc since April i think, and they are still being a pain, allways coming up with something right at the last minute.

    An example if you dont mind.
    I have 4 sets of the same statements ( all incomplete ) All just within the 40 days. ish
    I have a 600+ plus page full Data Protection Act Disclosure ( waste of paper )and still they wont give me the information i want.
    THEY PLAY GAMES WITH THE SYSTEM.
    At our expense

    Obviously only you can decide, but can you wait another week or so.
    No gaurantees, but i dont think you will regret it.

    Good Luck
    TC.


  7. #7
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Shall I issue a judgement?

    Hi Alison,

    Camden has taken quotes from his own thread (posted by TonyC) which may serve as a warning. If you file for judgement too quick, Bank has better chance of slipping in late defence which as Court (ridiculously) accept.

    Read here, if you haven't already - http://www.consumeractiongroup.co.uk...rclaycard.html

    Slick

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Camdenite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    638

    Default Re: Shall I issue a judgement?

    Thanks Slick. It was actually myProvidian/Monument claim that this relates to. My b/card one is some months behind . I should learn how to post a link again, shouldn't I?


  9. #9
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    I am in
    Hertfordshire
    Posts
    8,871

    Default Re: Shall I issue a judgement?

    LOL to post a link just copy the url and paste it into the thread reply box

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Camdenite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    638

    Default Re: Shall I issue a judgement?

    Hi Lula, Like this you mean:

    http://www.consumeractiongroup.co.uk...-monument.html

    I thought it was a bit more involved than that.


  11. #11
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    I am in
    Hertfordshire
    Posts
    8,871

    Default Re: Shall I issue a judgement?

    lol Sometimes the easiest things are the most effective

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  12. #12
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Alison82 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    828

    Default Re: Shall I issue a judgement?

    Hi guys sorry for the late reply.

    Unforuntely I have already filed fo a judgment, I read the FAQ's again and this is what it said. No one was responding

    I'll just have to wait and see what happens, eventually they will pay up sooner or later.

    Thanks anyway


  13. #13
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    consolable
    Posts
    2,024

    Default Re: Shall I issue a judgement?

    Quote Originally Posted by Lula View Post
    lol Sometimes the easiest things are the most effective
    Like men.




    Quote Originally Posted by Alison82 View Post
    Unforuntely I have already filed fo a judgment, I read the FAQ's again and this is what it said. No one was responding

    I'll just have to wait and see what happens, eventually they will pay up sooner or later.
    Thanks anyway
    Lets hope sooner, rather than later.
    Good luck.

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Camdenite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    638

    Default Re: Shall I issue a judgement?

    Best of Luck Alison. I'm sure you'll be ok.


  15. #15
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Alison82 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    828

    Default Re: Shall I issue a judgement?

    Thanks!! I'll keep you posted


  16. #16
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Shall I issue a judgement?

    Alison,

    Lets hope it's sooner !

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE