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:
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  1. #1
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    abjohnson Novitiate

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    Question Online Court Claim - Particulars of Claim

    Hello,

    I'm starting my court claim against Barclaysicon Bank, I received an offer of less than half the amount claimed and obviously this isn't good enough so i'm taking them all the way.

    I need a bit of advice though, i've used the paragraph in the user guide section of this website to show account number, amount claimed etc. (with 8% interest)

    I've read on some other threads that this in itself might not be enough information so could anyone please advise me on what else may need to go in the particulars of claim. I want to be sure that they know i want the money in full by cheque and not to pay off my overdrafticon, can i also put this at the end of the particulars of claim?

    Any advice would be useful, thanks.

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  2. #2
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    Default Re: Online Court Claim - Particulars of Claim

    Quote Originally Posted by abjohnson View Post
    Hello,

    I'm starting my court claim against Barclaysicon Bank, I received an offer of less than half the amount claimed and obviously this isn't good enough so i'm taking them all the way.

    I need a bit of advice though, i've used the paragraph in the user guide section of this website to show account number, amount claimed etc. (with 8% interest)

    I've read on some other threads that this in itself might not be enough information so could anyone please advise me on what else may need to go in the particulars of claim. I want to be sure that they know i want the money in full by cheque and not to pay off my overdrafticon, can i also put this at the end of the particulars of claim?

    Any advice would be useful, thanks.
    I would just stick to the template in the library. The court only needs to know the particulars that your claim is based on.

    If you want to be paid by cheque and not into your account then you would have to request this when you discuss settlement later on.

    Hope this helps

    Emz


  3. #3
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    abjohnson Novitiate

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    Default Re: Online Court Claim - Particulars of Claim

    Thanks very much, just wanted to be sure before continuing, putting the claim in now.

    Let me check i have this right, they have 14 days to acknowledge the claim otherwise i can apply for a judgement and if they do acknowledge then they have 14 further days to enter a defenceicon?

    I'm claiming for £1171 altogether (court fee included), does anyone think the amount make a difference as to how quickly they settle?


  4. #4
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    Default Re: Online Court Claim - Particulars of Claim

    Quote Originally Posted by abjohnson View Post
    Thanks very much, just wanted to be sure before continuing, putting the claim in now.

    Let me check i have this right, they have 14 days to acknowledge the claim otherwise i can apply for a judgement and if they do acknowledge then they have 14 further days to enter a defenceicon?

    I'm claiming for £1171 altogether (court fee included), does anyone think the amount make a difference as to how quickly they settle?
    Yes, thats correct, if they acknowledge then they get 28 days from date of service, and dont expect a defence until the last day.

    Barclaysicon always drag their heels, whatever the amount claimed. Its just stalling tactics, hoping youll get bored or scared and back out. Stick with it and youll be laughing all the way to the bank (not barclays obviously lol).

    Emz


  5. #5
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    Default Re: Online Court Claim - Particulars of Claim

    Yeah hopefully! Thanks again, i will keep this thread updated as and when Barclaysicon make the next move.


  6. #6
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    Default Re: Online Court Claim - Particulars of Claim

    Hello, I put the MCOL through on Sunday 4th December, have today received a confirmation letter from the court that the claim has been processed and is deemed as being served on the 9th December, giving Barclaysicon till the 23rd December to acknowledge.

    Strangely it says on the letter that the case is to be dealt with by Northampton county courticon, but i live in Preston, Lancashire, do you think this is an error by them or is it normal to be so far from home?

    Thanks for your help,

    Hope for settlement quickly but looking at the other threads will be a good few months! never mind....


  7. #7
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    abjohnson Novitiate

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    Default Re: Online Court Claim - Particulars of Claim

    I mean Sunday 3rd December!!! Sorry....


  8. #8
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    Default Re: Online Court Claim - Particulars of Claim

    MCOL uses Northampton as its base. Your case will get transferred to your local Court. MCOL will advise you on this when the claim is acknowledged by Barclaysicon.

    Spotty

    Statement request 4th May
    Prelim Letter sent 24th May
    LBA 7th June
    Thanks but no thanks letter sent 22 June
    MCOL 22nd June
    Claim acknowledged 26 June
    AQ sent 2nd August
    17 Nov Court Date Set for 29 Jan 2007
    Settled in full 12/12/06

  9. #9
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    Default Re: Online Court Claim - Particulars of Claim

    Thanks for clearing that up, will keep everyone informed.


  10. #10
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    Default Re: Online Court Claim - Particulars of Claim

    Hi, just a quick update, I put the MCOL through on the 4th December. The court sent a letter saying it would be registered as served to Barclaysicon on the 9th December.

    Barclays acknowledged on the 18th December, but as yet have not entered a defence, they have until 6th January to enter one. I'm sure they will, fingers crossed they don't but no doubt they're leaving it till the last minute.

    Will keep you all informed, happy new year to all, hopefully in a few weeks a very happy new year!


  11. #11
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    Default Re: Online Court Claim - Particulars of Claim

    Hi, the date of defence has now officially passed for Barclaysicon, they were served with the MCOL ON 9th december and had until i presume midnight on the 6th January 07 to put in a defence.

    Should i start a judgement now or am i better off waiting a few days first?? Any advice would be greatly appreciated.


  12. #12
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    Default Re: Online Court Claim - Particulars of Claim

    Hi, is anyone able to answer my query?, the 28 days have passed yesterday for Barclaysicon to enter a defenceicon. Should i start the judgement now or am i better off waiting?

    Just checking as i know they usually wait till the last minute and it may not have shown up online yet.

    Thanks,


  13. #13
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    Default Re: Online Court Claim - Particulars of Claim

    Barclaysicon defended and we've received the court pack through the post with the allocation questionnaireicon, we will read the FAQ's on here and send it straight to preston court! We were hoping for a quick settlement but i guess it's gonna drag on for a while yet! Will be worth it in the end i'm sure.



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