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



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  1. #1
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    Default Tobes v Barclaycard

    I have just received confirmation that my judgement in default has been accepted and has been issued to the Defendant!!!

    The thing is though, it's not because they haven't received it - they acknowledged service!

    I wonder how easy it is for them to appeal it?

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  2. #2
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    Default Re: Tobes v Barclaycard

    I've applied for a warrant! Any advice as to what I should be doing now? Do I contact them or wait for them to contact me?

    Guys I'd really appreciate some help in this - I don't know what to do!!!!


  3. #3
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    Default Re: Tobes v Barclaycard

    Warrant issued...i wonder what will happen next?!


  4. #4
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    Default Re: Tobes v Barclaycard

    Tried to get in touch with James MacDonalad today, but apparently he's left lol don't know if that's because his pupillage is up (it is always signed 'pupil barrister' on his forms) or if he's been sackedicon for mishandling our claims (I wish!!)


  5. #5
    bong
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    Default Re: Tobes v Barclaycard

    Tobes

    do you have any news on your case?


  6. #6
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    Default Re: Tobes v Barclaycard

    They have requested a stay of execution, so it's been moved to my local court, and perhaps because of the messages I left on his voice mail, or perhaps independent of that, I've received an offer but it's not good enough and would be laughed out of court for various reasons so I have left another friendly message for him

    The funny thing is, when querying the amount I have claimed in his letter, he has stated what Barclaycard claim is the total number and amount of charges...So all that ridiculous stuff about 'the Claimant is put to strict proof of every charge' has just gone up in smoke...And I will be using the letter as evidence in court so I really don't know what they're playing at...competant lawyers is not it.


  7. #7
    bong
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    Default Re: Tobes v Barclaycard

    thought you already had judgement? or does a stay of execution mean that they have appealed?


  8. #8
    bong
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    Default Re: Tobes v Barclaycard

    on what grounds does the court award a stay of execution?


  9. #9
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    Default Re: Tobes v Barclaycard

    pretty much any grounds lol


  10. #10
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    Default Re: Tobes v Barclaycard

    I have judgment, then I got a warrant of executionicon i.e. baillifs...They've had the warrant stayed, because they've said they've got a defence lol


  11. #11
    bong
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    Default Re: Tobes v Barclaycard

    What I don't understand is how they can put in a defence after they've exceeded the 14 day time limit and you've got judgement. Doesn't that kind of mean that you shouldn't bank on getting the money even when you've got judgement?


  12. #12
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    Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK's Avatar

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    Default Re: Tobes v Barclaycard

    Quote Originally Posted by bong
    What I don't understand is how they can put in a defence after they've exceeded the 14 day time limit and you've got judgement. Doesn't that kind of mean that you shouldn't bank on getting the money even when you've got judgement?

    Bascially the court would prefer a judgement based on the law and the case itself, a judgement by default leaves a lot of unanswered questions.

    When they settle before getting to court (hopefully) the court will be miffed yet again by the behaviour of the banks and CC companies.

    It doesnt help tobes but im sure its only a minoir delay

    JMHO

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  13. #13
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    Default Re: Tobes v Barclaycard

    I know it's frustrating, but just think about it for a sec: if you were to mess up your timing, or your un-recorded form were lost in the post, and you missed the deadline etc etc would you think it fair that you couldn't in effect appeal, even f the actual claim was wrong and you weren't at all culpable, that you would have to pay money or whatever just because of a timetable?

    Basically there IS a timetable because otherwise the whole process could be exploited even more and there would be lots of annoying solicitors/banks whatever stretching out claims until we all went insane...This way, as there is a deadline, if they muck about we can apply for judgement, which will certainly make them sit up and get their arses in gear...However it's only fair that if they actually do have a proper defence they are allowed to plead it.

    They still suck!



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