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.

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  1. #1
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    Default Golding Vs Barclays **WON**

    Hi there,

    Will it affect my claim the fact I've had to wait a week over my 14 day lbaicon deadline before starting my claim, as waiting until I get paid.

    Thank you

    Similar Threads:
    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  2. #2
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    Default Re: Golding Vs Barclays

    No, absolutely not, you can file this week, next week or next month


  3. #3
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    Default Re: Golding Vs Barclays

    Hi there,

    I will be putting in a claim tommorow and sending my schedule of charge to the court and the bank.

    I am unsure if I should be including the claim costs on the schedule of charges. Does anyone know roughly how much the claim costs are? My claim is £1005, I also read that if a claim is under £1500 then you don't have to pay for the allocation questionaire, will I still recieve one though.

    Thanks

    Callum

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  4. #4
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    Default Re: Golding Vs Barclays

    I am unsure if I should be including the claim costs on the schedule of charges.
    No. it will be automatically added to your claim
    Does anyone know roughly how much the claim costs are? My claim is £1005,
    £120
    I also read that if a claim is under £1500 then you don't have to pay for the allocation questionaire, will I still recieve one though.
    Yes


  5. #5
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    Default Re: Golding Vs Barclays

    Thanks for that much appreciated

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  6. #6
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    Default Re: Golding Vs Barclays

    Hi there,

    I wish to begin my claim tommorow. I have two questions before I do so.

    Firstly, is it ok to add further charges since the schedule of charges I attached to the lbaicon?

    Secondly, Is the following correct regarding Schedule of charges. I found this posted in a post a few days back "Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim".

    I thought I would be sending a copy to both the court and the banks head office immediately after putting in my claim.

    Thanks

    Callum

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  7. #7
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    Default Re: Golding Vs Barclays

    Firstly, is it ok to add further charges since the schedule of charges I attached to the lbaicon?
    Yes
    Secondly, Is the following correct regarding Schedule of charges. I found this posted in a post a few days back "Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim".
    The full post is:
    Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

    The Court Manager,
    Money Claim Online
    Northampton county courticon
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH

    Dear Sir/Madam

    (Your Name) –v- (Bank)
    Claim No: ********
    Date Issued: xx/xx/xx

    Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interesticon claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

    I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
    Yours sincerely,

    Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

    Dear Sir,
    (Your Name) -v- (Bank)
    Claim No: ********

    Date Issued: xx/xx/xx

    Please find enclosed a copy of my schedule of charges relating to the above claim.

    Yours sincerely,
    I thought I would be sending a copy to both the court and the banks head office immediately after putting in my claim.
    If you just send one to HO, the chances are thier legal team will claim they haven't received one and you'll end up having to send another


  8. #8
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    Default Re: Golding Vs Barclays

    Ok thanks Michael

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  9. #9
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    Default Re: Golding Vs Barclays

    Hi there,

    I was just reading the MCOL guide & it makes a point of saying DO NOT start a claim unless a full schedule of charges & overdrafticon interest has been sent to your bank. I have sent a schedule of charges with my lbaicon but it did not include the interest. I was going to wait until the Notice of acknowledgement before sending the charges with interest.

    Also when filling out the MCOL address for Barclaysicon, which address should I use?

    Thanks...

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  10. #10
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    Default Re: Golding Vs Barclays

    I have sent a schedule of charges with my lbaicon but it did not include the interest. I was going to wait until the Notice of acknowledgement before sending the charges with interest.
    What you've done is correct. The MCOL guide refers to overdrafticon interest which the bank has charged on the penalty fees. This is not the s69 8% interest which you can only claim once you have filed at court

    Also when filling out the MCOL address for Barclaysicon, which address should I use?
    Their registered address Churchill Place


  11. #11
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    Default Re: Golding Vs Barclays

    Well finally done it and it feels good + nerve racking!!!!

    GOLDING V Barclaysicon
    CLAIM NUMBER - 7QZ03516

    I will send off my schedule of charges to the below address tommorow; -

    The Court Manager,
    Money Claim Online
    Northampton county courticon
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH

    Is there anything else I should be doing apart from slowly organising my court bundle?

    Thanks to all who have helped so far......

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  12. #12
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    Default Re: Golding Vs Barclays

    Is there anything else I should be doing apart from slowly organising my court bundle?


    Good idea, but there's the aqicon first. See here:

    Allocation Questionnaires - A guide to completion
    and
    New strategy for Allocation Questionaires


  13. #13
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    Default Re: Golding Vs Barclays

    Ok great
    Looks like it will be the N149 I will be filling in.

    I just need to verify something. It said at the end of my claim
    "Your claim has been submitted to the court for final validation before being issued"

    I am a little confused on two things,

    1. Do I need to wait for an issue date after validation before I send my schedule of charges as on that letter it has a place for Date Issued -
    2. I'm not sure if my payment went through online as there was no confirmation.


    Thanks

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  14. #14
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    Default Re: Golding Vs Barclays

    1. Do I need to wait for an issue date after validation before I send my schedule of charges as on that letter it has a place for Date Issued -
    It will be dealt with tomorrow

    2. I'm not sure if my payment went through online as there was no confirmation.
    You can be sure they would have told you if it had been refused and you would not have been given a claim no,


  15. #15
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    Default Re: Golding Vs Barclays

    My Claim has been accepted and I've sent off my schedule of charges to the court manager. Wahay, few days till they are served & the 14 day deadline starts, & hopefully they will totally forget & I win by default(as if!!)

    Re. The allocation questionaire, Do I wait to be sent this or should I print it out and send it off Asap

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  16. #16
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    Default Re: Golding Vs Barclays

    You can prepare it here:
    http://www.hmcourts-service.gov.uk/c.../n149_1105.pdf

    but wait until you receive it from the court before sending it. Be aware you can't save the pdf version only fill it out and print it off so if you do that print off 3 copies. 1 for the court, 1 for you and 1 to send as a courtesy to Barclaysicon


  17. #17
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    Default Re: Golding Vs Barclays

    I will also start printing off as much of the court bundle as I can and begin getting it in some sort of order, I know thats a while off, but I'd like to be ahead of the game.

    I've just read through lots of good threads and I'm starting to get a very clear picture of whats to come & what I need to do... so hopefully wont have many more questions for you.

    Your help has been great! Ta

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  18. #18
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    Default Re: Golding Vs Barclays

    Hi there,

    When I sign in to view my claim there is a table of information with the following headers 'Description' 'Defendant' 'Claim' ' 'Judgement' and 'Warrant'. Below Judgement is a link named 'Start'. Is this to be used if Barclaysicon do not acknowledge after the 14 days from when it was served?

    Won** Barclays claim-in FULL
    1 week before court date
    26th March 2007
    Won ** Natwest claim-in FULL
    After LBA
    12th July 2007
    ...starting Alliance & Leicester claim
    24th September 2007

  19. #19
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    Default Re: Golding Vs Barclays

    Is this to be used if Barclaysicon do not acknowledge after the 14 days from when it was served?
    Yes, nothing to do for the moment


  20. #20
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    Default Re: Golding Vs Barclays

    did you attach standard disclosure or the new draft order with your aqicon.
    just about to fill mine in and am after some pointers.
    cheers.



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