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Barclaycard- Stay Lifted , but no defence filed - Help Please!
Hello,
I am taking Barclaycard to court for repayment of charges and removal of a default notice from my credit file. My case was stayed after Barclaycard's acknowledgement of service, but before the deadline for them to file their defence (about four days before, to be precise.)
The stay was lifted on 11th October and the case moved to another court for a hearing on the 18th December. I received standard directions from the court (e.g. disclosure 14 days before etc.), but it struck me that I am yet to receive a defence from Barclaycard.
My question, really, is what effect a stay has on the countdown for the defendant to file their defence? Does it simply 'freeze' the countdown, which restarts once the stay is lifted. If so, Barclaycard have gone over the time to file a defence. Even if the 14 day countdown started again, after the stay was lifted, they would still have gone over the time allotted.
What should I do? I am preparing my bundle for trial as usual, but I am tempted to apply for judgment in default on the basis that Barclaycard has not filed a defence. I don't really see how I can be expected to prepare for a trial in which the defence of my opponent is completely unknown to me!
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.
Re: Barclaycard- Stay Lifted , but no defence filed - Help Please!
Fans of this thread will be interested to learn that, after following slick's advice, it turns out that Woolwich county court neglected to send me Barclays' defence, which was filed some time in August.
HOWEVER, events move apace and on Saturday, I received a letter of settlement from Barclays. They have agreed to pay my charges, plus interest and court fees in full.
Part of my claim was for removal of a default notice. I had been notified of this default by Mercers, however nothing has shown up on my credit file.
Barclays made no mention of this in their letter of settlement and without receiving their defence it's difficult to know whether they acknowledge the existence of any default notice. However, the fact remains that I received a letter telling me that I had one.
How should I play this? If I accept the offer of settlement, can Barclaycard enter information onto my credit file later? Is there any way of ensuring that they are unable to do so, within the terms of my acceptance?
Finally - and it's not really a deal breaker - Barclaycard have applied charges to my account in the interim period between my claim being issues and this offer of settlement being made. Is it reasonable to demand that they repay these too? It will amount to some £75 out of a claim of £700ish, but it would be a nice icing on the cake.
Re: Barclaycard- Stay Lifted , but no defence filed - Help Please!
Hi TF,
Write back to BC and ask that they address the issue of the Default Notice, either by removing it or by written confirmation that no Default Notice has been made on your credit files, by them or their agents.
When that's cleared up, ask them to settle ALL charges to date using latest charges added on to the settlement figures.
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.
Barclaycard- Stay Lifted , but no defence filed - Help Please!
. Even if the 14 day countdown started again, after the stay was lifted, they would still have gone over the time allotted.
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