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.

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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.

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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)


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  1. #1
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    Default Court date with barclays!!?

    after filing my allocation questionnaireicon (and waiting for an offer, but none has come) i have a had a letter through with a court date of August 11th to go for a hearing!

    Now my question is, will they settle before this date, am I waiting for August now.... has anybody been in similar position.

    Thanks for the help


  2. #2
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    Default Re: Court date with barclays!!?

    Hi,

    can you give more detail?

    Are they suing you, or are you suing them?

    Also, what the state of the agreement, have you sent them a CCA under s77/s78, or a SARicon?

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  3. #3
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    Default Re: Court date with barclays!!?

    basically was claiming credit card charges for monument and barclaycard, go the standard rejection letter, followed by the here is an offer letter...so I went to MCOL filed the claim, they put in a defence, then got sent allocation questionnaireicon, so I filled that in and sent it back...2 days ago got a letter from the court with a date set to go to court in August.

    My question is, is it likely they will settle before this, or am I off to court!

    Thanks


  4. #4
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    Default Re: Court date with barclays!!?

    Quote Originally Posted by icelandviking View Post
    basically was claiming credit card charges for monument and barclaycard, go the standard rejection letter, followed by the here is an offer letter...so I went to MCOL filed the claim, they put in a defence, then got sent allocation questionnaireicon, so I filled that in and sent it back...2 days ago got a letter from the court with a date set to go to court in August.

    My question is, is it likely they will settle before this, or am I off to court!

    Thanks
    Have you claimed interesticon? compounded or stat s69?

    If you've got a hearing date I'd advise you to get your court bundle ready for it, dont print it out but get everything ready just in case. Barclaycard may settle but it depends on the strength of the POCicon, their defence and what rate you are claiming interest.... and the amounts you are claiming.

    Did the judge give any directions, any disclosures prior to the hearing?

    S.

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    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

  5. #5
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    Default Re: Court date with barclays!!?

    I attached with my aqicon a letter of direction (i got it from this site)

    The letter from the court is 'a notice of trial'......and they want me to send documents to all parties involved and pay a hearing fee of £75 as well by the 29th of May.

    What shall I do?


  6. #6
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    Default Re: Court date with barclays!!?

    was just stat interesticon as well...sorry forgot to add in last post


  7. #7
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    Default Re: Court date with barclays!!?

    Quote Originally Posted by icelandviking View Post
    I attached with my aqicon a letter of direction (i got it from this site)

    The letter from the court is 'a notice of trial'......and they want me to send documents to all parties involved and pay a hearing fee of £75 as well by the 29th of May.

    What shall I do?
    Well first thing..... if you dont pay the hearing fee the case will be dismissedicon. So you need to pay that.

    When you say documents to all parties involved do they say which documents, it may be helpful to copy or post up the text. As far as I'm aware usually the court bundle doesnt have to be exchanged until approx 14 days prior to the hearing.

    Have you downloaded the basic charges bundle from this site? it gives details of what you need to include in it.

    You'll need to put together 3 copies, one for them, one for the judge and one for yourself.

    S.

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    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

  8. #8
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    Default Re: Court date with barclays!!?

    in your experience, do they settle before the date.... or has anyone gone to court for an actual hearing?

    thanks


  9. #9
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    Default Re: Court date with barclays!!?

    Quote Originally Posted by icelandviking View Post
    in your experience, do they settle before the date.... or has anyone gone to court for an actual hearing?

    thanks
    From what I've read on here most Barclaysicon claims get settled prior to a hearing, esp if the claimant is only asking for stat interesticon. Read through some of the Barclaycard success here -->>http://www.consumeractiongroup.co.uk...ul-claims.html

    People who claim compounded interest have more of a battle and sometimes it takes until JUST before the hearing to get a settlement.

    S.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

  10. #10
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    Default Re: Court date with barclays!!?

    thanks for you help, really appreciate it...hope they settle sooner than later


  11. #11
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    Default Re: Court date with barclays!!?

    Hi IV,

    I wonder why BC did not settle with you before you filed a claim. If you're only claiming charges + s69 int't, perhaps you have claimed for charges beyond 6 yearsicon.

    In any event, you should make sure you are ready to submit your evidence (court bundle) to the court and to BC on time.

    You should also contact BLT (Barclaysicon Litigation Team) NOW by email. Tell them you have a court date and would like BC to settle your claim as per your updated SOC (have a copy ready to send or read from).

    See what they say, and come back to us.

    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.

  12. #12
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    Default Re: Court date with barclays!!?

    Also, please confirm that BC filed a defence with the court.

    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.

  13. #13
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    Default Re: Court date with barclays!!?

    BC did file a defenceicon yes....

    Anyone know where I can get the email address for their litigation dept


  14. #14
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    Default Re: Court date with barclays!!?

    Good, at least they're not able to deny receipt of your claim, which they have done before.

    Have a look at Mackerel's Barclaycard thread for a recent contact name or email addy.

    And send a letter into Barclaysicon Bank PLC t/a Barclaycard at Churchill Place, London. Quote your court Claim No. and ask for someone to contact you asap, as you have a court date shortly.

    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.

  15. #15
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    Default Re: Court date with barclays!!?

    ooooh, i found a telephone number, spoke to a guy that is looking after my case...he said we will dig it out have a look at it, to call him back on fri morning and we will bring it to an end woohoo...will update on fri


  16. #16
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    Default Re: Court date with barclays!!?

    Hi IV,

    Update your SOC (the interesticon figures for s.69 interest will auto-update when you access and print the SOC) so you have a figure you can agree on when you speak to him again. Write down the court fees paid to date so you have a total.

    Do NOT agree to anything less than your total. If in any doubt, get his email addy and tell him you'll get back to him.

    The come here and seek advice.

    If you're only claiming charges, s.69 Statutory Int't and court fees, they should settle without problems.They'll want to refund direct to the CCard a/c - is that ok with you ? If not, you can insist on a direct refund but it'll complicate matters a bit.



    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.

  17. #17
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    Default Re: Court date with barclays!!?

    ok, i have call with him in 2hrs...will update with response on here straightaway!


  18. #18
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    Default Re: Court date with barclays!!?

    ok, he is adding up the charges himself, have to call him tues.



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