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.
7th June - Sent Data Protection Act Subject access request
20th June - Received copies of statements, no mention of manual intervention - £10 cheque returned
27th June - Sent first request for payment - sum £1375
5th July - Received standard 'Sorry you are not happy - will get back to you before 27th July' letter
19th July - Received standard 'goodwill' letter from Senior Case Manager, Laurence White - offering £670
24th July - Wrote a letter declining their offer of £670 as settlement, and gave 14 days before action.
8th August - Filed claim with MCOL - total including charges and interest comes to £1809.
11th August - Notice of Issue from Northampton Court, deemed to be served on 14th August.
14th August - Barclays Acknowledged my claim.
12th September 7:30am - Barclays failed to enter a defence in the 28 days since being served, I requested a judgement by default.
12th September 12:30pm - Barclays managed to get a defence to MCOL before a default judgement (the swines!)
13th September - MCOL says that Judgement has been rejected. Received Notice of Transfer to local court (Teesside county court), and Barclays 'standard' Defence along with AQ to return on or before 1st October.
25th September - Filled in Allocation Questionaire, and posted to local court, along with cheque for £100
27th September - Checked with court that they had received my AQ...should hear from them in the next week or so with a hearing date.
7th October - Received General Form of Judgement or Order from the courts, they want me to send schedule of charges and explanation of why I think they are disproportionate by 4pm 25th October.
16th October - After a week in bed with manflu I came back to work - and sorted out the required schedule (which I brought up to date with interest and costs) along with particulars of claim from the templates library. To be posted by recorded delivery on 17th October.
2nd November - Called Middlesbrough County Court, case handler advised me that Judge has allocated 2 hours to the case, and it will be small claims. Don't have a date yet - but should hear something very soon.
10th November - Received Notice of Allocation to the Small Claims Track, allocated 2 hours. Have directions to get my documents together. No court date yet :/
11th November - Received another letter from the courts setting a date of 15th February 2007. Its ages away, but I'm getting my bundle done this week...
15th November - Handed in Banks bundle to local branch - they should get it in London on Fri 17th Nov
16th November - Received another letter from the courts, moving my case forward to 8th December at 10:30am, due to my Mum being poorly. Courts bundle being handed in today by a friend.
20th November - Called Barclays Litigation dept. A nice chap called Alex, confirmed receipt of my court bundle. Sounds like I'll be hearing from them soon. Also called Courts, they just called me back and advised that they have found my court bundle and its now in my file, so it's all good.
22nd November - Called Alex again, advised him that only 3 weeks left, and some people with later court dates are being settled before me. He told me that he's going to look at my case and contact me tomorrow on my mobile. Again, he told me that they were going to settle...just a short wait now.
23rd November - Alex called and left a message on my mobile confirming that they are settling, full amount - should receive it in the post in the morning.
24th November - Received settlement letter this morning - full amount including costs and interest upto October 16th, total £1930.80. Spoke to Alex, thanked him for letter and agreed about scratching the confidentiality.
Well today is MCOL day!
I'm going to pop home and see if there is any post before I go ahead and do it this afternoon...but I'm assuming if there is any post it will just be the standard 'sorry you're still not happy - see you in court'...
At least I can now stick the £500+ interest onto my claim amount! =)
Just a quick question...I did a search but the answer wasn't immediately apparent...
What address do I use for the MCOL claim for the defendant?
Thanks
Done my MCOL claim today before I left work...suprised at how much the interest and court fees bump up the amount oweing...
Went from £1375 to £1809...well they could have saved themselves a few quid if they'd paid up earlier...!!
Might send a letter to Mr White tomorrow telling him that I've started my claim, and enclose my email address for future correspondence.
I'll keep my thread updated as and when things happen...
Made a mistake on the claim - I'd typed my account number in incorrectly...
I sent them an email as soon as I discovered the mistake last thing last night - and received an email this morning saying that they can't alter a claim that hasn't been issued - and that I have to withdraw and re-submit the claim.
Bummer - I only had enough in the bank to make this claim yesterday, and now I have to wait until I get the cheque back from MCOL - and then wait for it to clear...
That'll teach me to rush through the MCOL process I guess...the bank are gonna get a few days grace.
I PM'd a mod my claim details - can they be removed until I make my claim again (probably next week)...
Ta
Borrowed £40 off my girlfriend and paid into the bank at lunchtime, so I had enough in the bank to make my claim...
This time I wasn't rushing it - and I think it's all good.
Will PM mod again with new details, and they can update or replace the old claim details.
Claim Date: 8/8/06
Amount Claimed: £1809.93 inc costs and interest.
I did the same Money, for some reason i put the defendant's address as my own??? I must have been having a blonde day
So i had to withdraw my claim and start again
I received the cheque refund from MCOL about a week later, best of luck
Hi VB, I read your thread with interest, and recalled the blonde thing when I made my mistake...
I wonder why they don't have it set up so that you can review all the details before you submit the claim...
I didn't realise until I had a look at the pdf file a couple of hours later.
Still don't know why you can't alter a claim if it hasn't been submitted :/
Still nevermind - all sorted now, and claim is in place...
Received 'Notice of Issue' today from Northampton county court.
Deemed to be served to Barclays PLC on 14th August.
They have until 28th August to acknowledge.
Now it's just sit and wait I guess...!
Received Acknowledgement of Service on 14th August...
James MacDonald (Pupil Barrister) will be defending, and it has Keith Jeremiah's email address...
I thought they were leaving the acknowledgements to the last possible minute?
28 days to enter their defence then...tick tock.
I think they have 28 days from service to defend.....they did leave the defence till the last minute in my case, and I think it is the same pupil barrister (or maybe they've had to take on a lot!)
Thanks Squishy...
Anyone know if KJ is answering his emails again?
Is there any point in sending him an email - as a gesture that I've tried to settle this before court...or am I wasting my time with Barclays until I get a court date?
Thanks
I read on another thread that someone felt KJ saw emails as a sign of weakness and advised that you should stick to written correspondance. But I know some who have settled as a result of an email. Don't forget you've tried to settle before court by following the procedure. I was like you, unsure, but decided that they won't do anything until court date is set.
Thanks Squishy...It's nice to have some reassurances
I'll just sit and wait for a defence, then send off my aq and wait again for a court date.
Will KJ have my email address from MCOL claim?
Well todays the last day that Barclays have to enter a defence...
Are Barclays still entering their default defence?
I read Nightstar's thread with interest - has anyone else had them not enter a defence, and win by default...or was it just because KJ was on holiday?
I'll let you know tomorrow how it goes.
Hi there... Could you please check my claim above - and tell me when the defendant has to enter a defence... By my calculations the defendant has 28 days from when the notice was served, so 28 days from 14th August. Which I've worked out to be today 11th September...could you please clarify for me? Regards
Me
Just got this reply:
Dear M4N The defendant has until 4pm today to respond to the claim.
If no response is received, you can request for Judgment on the 12th September 2006.
Just checked mcol site again (I've been checking all day!)
And still nothing, so I assume that I can enter a request for Judgement tomorrow! \o/
That is a good thing isn't it?
Money4Nothing V Barclays **WON**
comes to £1809.
Reply With Quote
Re: Money4Nothing V Barclays
