j.barton1 v Barclays ****WON****

**j.barton1** · 20th November 2006 20:39

Hi everyone,

i was wondering if someone could advise me, I have a claim against Barclays icon

and have put in a county court icon

claim and they filed an "acknowledgement of service" giving them 28 days, this was on 20.10.06 so their 28 days was up 17/18 .11.06. I havent heard anything from court or the bank, am i too early to do anything or do i need to contact the court?

If anyone could advise me what to do i would apprechiate it,

thanks

jenny

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Barclays vs Harry - Barclays counter claim

**Welshman** · 20th November 2006 22:16

Hi Jenny and welcome.

First Question is Where did you file? was it MCOL?

If so the timings are 1- You file and that's day Zero.

Legally Courts accept that 5 days is the accepted time for it to be served.

Then the bank have 14 days from then to acknowledge - thats 19 days from the date you filed initially.

Now, once they acknowledge, they have a further 14 days in order to dfend the claim. That's a total of 33 days from your date of filing.

If you did file at MCOL, you need to log in and see what the state of the claim is. It would have initially been marked as "served" then "acknowledged" then "Defended". A day or so after the bank defends, the court send you an allocation questionnaire icon

and a copy of the Banks' defence.

Come back to this thread to up-date us.

**j.barton1** · 21st November 2006 12:11

Hi, Thanks for the reply but i still dont fully understand, I didnt use mcol, i went through my local CC (leeds). The letter i got from court said that Barclays icon

have 28 days to file a defence icon

, this has passed. Should i wait a while longer or contact the courts?

thanks jenny

**Welshman** · 21st November 2006 12:30

No, don't wait any longer, contact the Court. How do you know that they havn't defended? Is it because you've received nothing from the Court?

**Michael Browne** · 21st November 2006 12:40

If you phone the court they will tell you whether Barclays icon

have filed a defence

**j.barton1** · 21st November 2006 13:07

Hi Thankyou both for your replies, I have just phoned the court and the clerk said they have filed a defence, but all the bank charge claims are going to be dealt with by mercantile court because of a high court ruling? I've had a look through posts about mercantile court and i think this is a good sign. The clerk said just to wait. Is there anything i should do?

thanks again

jenny

**Michael Browne** · 21st November 2006 13:24

Did the clerk say your case was being transferred to Mercantile or that it was being stayed pending the outcome of cases at the Mercantile?

Either way there's nothing for you to do other than wait for paperwork from the court.

**j.barton1** · 21st November 2006 13:30

Hi, He said it will be transferred to mercantile.

jenny

**j.barton1** · 7th December 2006 18:32

Hi, Just to update on the type of bank Barclays icon

is.
My husband went to use the cash machine today and it retained his card. We are overdrawn by £40 but have a £250 o/d limit!! We had to go into branch but got no help from them. luckily i opened a parachute account icon

for my wage so we have that to live on, and we are getting my husbands wage transferred too. The personal adviser @ barclays said they would manage our account so if we wanted any money we would have to go into branch and explain why we needed money!!!! Not gonna happen. All of this coincides with me stopping my wages going into the account and us reaching the court stage..... funnily enough. Plus the advisor tried his best to convince me how legitimate the charges are. Bless him.

Still have not heard when its going to mercantile court, got to carry on waiting.

**suzieq** · 7th December 2006 20:47

That's shocking Jenny! I'm so glad I don't run my main account with them now.

**j.barton1** · 7th December 2006 22:16

Thanks Susieq, I am thankfull that i opened another account for my wage, Barclays icon

have always allowed us to go way over our limit which has a knock on effect so when we get paid we are over again!!! I made sure i got my point across to the clerk. They'll know next month when my husbands wage doesnt go in their account!!!

Jenny

**j.barton1** · 8th December 2006 18:53

Hi All, I have just sent another prelim letter to Barclays icon

for the £260 they have charged me since putting my last claim in, I was going to wait but if they're gonna start been difficult, i'll do it now!!
I'll keep you posted.

**j.barton1** · 11th December 2006 17:47

Hi All,

Ive received the letter today to inform me of transfer of proceedings to mercantile court case no 6ls40692. There is a list of 35 who are being heard together. It says " no later than 7 days prior to the hearing a completed case management info sheet in accordance with CPR 59 should be filed with the court" Do i do this?
The court date is 07th Feb 2007 @ 10.30am @ Leeds courthouse. What happens now?

many thanks

jenny

**Michael Browne** · 11th December 2006 19:41

See Practice Directions 7.1 here:
PRACTICE DIRECTION – MERCANTILE COURTS - This practice direction supplements Part 59

And Appendix A at the bottom of that page for CMC info sheet

**Tigs33** · 11th December 2006 20:14

just out of interest icon

Jenny, how much was your claim for??

**j.barton1** · 11th December 2006 20:56

Hi, My claim is for £1.800 + interest icon

jenny

**Tigs33** · 11th December 2006 22:27

WOW I am surprised that you have been referred to the Mercantile Court, good luck!!!!!

**j.barton1** · 12th December 2006 12:16

Hi, I still dont really know what i need to do, what do i need to send to the courts?
I dont want to get all this way and make mistakes at this stage.
Can someone point me in the right direction of a "idiot-proof" guide.

thanks

Jenny

**Michael Browne** · 12th December 2006 12:28

Firstly it's nothing to worry about. Secondly, you've got plenty of time.
Look at Appendix A as per post #14
and look at other Mercantile cases here:

http://www.consumeractiongroup.co.uk...t-cases-stays/

**j.barton1** · 13th December 2006 17:26

hi, I've looked at appendix a. Do i have to give an answer to all the points or just ones that are realevent to my case. From reading the other posts Barclays icon

tend to settle at the 11th hour, but i need to be prepared just incase.

Cheers

jenny

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