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.
Hi there, I was wondering what happens to Barclays customers who have to go to court to get their money refunded as I can't find any messages saying they've got their money back. Just received a brilliant message saying that Barclays don't turn up at court so that's given me the will to plod on with our court case. We are trying to get £4000 including interest refunded and Barclays have just acknowledged our claim but say they will enter a defence. They've got until 14th November to do so, so I'll let you know how we get on. Good luck everyone.
Thanks for this. I wonder if someone could offer advice please. Our court claim was deemed issued to Barclays on 17th October and they acknowledged it on 31st October. I understand that they'd then have until 14th November to enter a defence (which they haven't as yet). A few days ago I sent a request to the court for an amendment to be made to the claim particulars. The court have confirmed receipt but advised that the judge can take around 3 weeks to respond. I don't know if Barclays still have to enter a defence by 14th November or is everything now on hold until the judge gets back to us? Many thanks.
Hopefully, someone will get back to you shortly about your question but my initial reaction (and I'm really not 100% until I look more into it) is that it would either set the case back to the stage where you filed - which gives them the 14 days to acknowledge and the clock starts from there again or, and I think it will be more likely that, as the acknowledgement has already taken place, they'd start back at the point where they enter a defence.
Another suggestion was that the defendant may well be asked by the court if they agree to the amendment.
This is uncharted territory. Sorry can't suggest anything further at the moment.
To follow my case progress, click here to see where I'm at right now.
Thanks for the advice. Do you know if Barclays will be made aware that I've requested the particulars to be amended yet? I initially completed the particulars as
'Account number and sort code. Reclaim bank charges for the past 6 years of £3250.00 plus interest of £799.23. An offer of £1000.00 has been received from Barclays on 30th September which has been declined.'
After checking out your brilliant site I found the correct template and have asked for the particulars to be changed to:-
'The Defendant has imposed charges each time th Claimant has exceeded the overdraft limit. These charges represent a penalty and do not accurately reflect the Defendant's administration costs. Further, they are contrary to the Unfair (Contract) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e). Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The charges the Claimant claims are £3250.00. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the dates that each of the charges were made, a total of £799.23 and continuing interest daily, and the Claimant claims costs.'
Barclays have until 14th Nov to enter a defence against the first particulars. Wonder whether they'll enter a defence or ask for the claim to be struck off.
I assume that you've tried to go it alone or been using a template from elsewhere but you are very welcome anyway. You should have checked this brilliant site first .
I don't see that they've got grounds to ask that it be Struck Out. All you've done is ask that it be amended which everyone has a right to do. The bank will obviously have to be notified of a change to the claim, but if they have to enter a second defence, you may find that YOU will have to pay the costs of entering that second one as your first claim was not accurate.
If you encounter any problems, just post another question here in your thread.
To follow my case progress, click here to see where I'm at right now.
I am having problems submitting my claim on moneyclaim website.I am getting this "Warning.Claim Particulars should not exceed 1080 characters or 24 lines and do not use <>& ' signs".
I did not used any of the characters and I have 964 characters,belwo their maximum. Any idea how I should proceed
Look in the library and you should find a sample 'Particulars of Claim' which you can adjust for your account number dates and amount claimed. You should then be able to paste it into the MoneyClaim on line form
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
I asked for the claim particulars to be amended around 10 days ago but the court said this would take around 3 weeks and so am presuming that the particulars have not been amended yet. The date when Barclays had to file a defence was yesterday and they've not filed it so I've entered a judgement. I've asked for the money to be paid immediately, does anyone know how long it should take please? Many thanks Keriat.
Without sending confirmation slip for me to sign on whether I agree with the amount they want to refund me or not, Barclaycard just credited my account with £320 yet I am claiming £500. I think I should go ahead complete forms to claim at the Small claims court for the balance of £180.
How should I write this on the details of claim form?.
Without sending confirmation slip for me to sign on whether I agree with the amount they want to refund me or not, Barclaycard just credited my account with £320 yet I am claiming £500. I think I should go ahead complete forms to claim at the Small claims court for the balance of £180.
How should I write this on the details of claim form?.
Please open your own thread so that your case can be followed. You are hijacking Keriat's thread.
To follow my case progress, click here to see where I'm at right now.
Can you offer some advice please. I filed a claim with MCOL against Barclays and it was deemed served on 17th October. They acknowledged it on 30th October (just one day before the deadline). As I understand it they then had until 14th November in which to enter a defence. About 10 days ago I realised that I had not entered the claim particulars correctly (amount is correct) and requested an amendment with the court enclosing the £35 fee, I was told it would take around 3 weeks for the Judge to consider whether to amend the claim. I've not received any correspondence from the court and wondered if Barclays would have been informed of my request to change the particulars yet. I ask because on 15th November Barclays still hadn't entered a defence and so I've requested a judgement with immediate payment. Does this mean that we've won or not? I thought that if they didn't enter a defence we win by default. Also how long does it take from when you enter a judgement to the money being repaid? Any advice would be really welcome. Many thanks, Keriat
They get 28 days from the date they acknowledged the claim to enter a defence.
Sam
I'm a Foolish person
IGroup ERC £1928.64 Ist letter sent 12/9
LBA sent 26/9
Moneyclaim input 13/10
Claim acknowledged 6/11
Received fob off letter 11/11
AQs sent back, IGroup request multitrack and hearing
sammy is wrong, they get 28 days maximum from the date the claim is deemed served - ie 17th october. So their time is up, enter for judgement by default TODAY.
They will apply for set aside.
Worry about the ammendment later, possibly do it in your AQ.
Too late I'm afraid. Our judgment has been rejected today. I rang the court who said because I'd asked for an amendment they couldn't start the judgment. I've been told that the judge will let us know by the end of next week if the particulars can be changed, then Barclays will be served again and then they have a further 14 days in which to enter a defence. Basically if I hadn't asked for the particulars to be amended we'd have won by default. Big learning curve. Don't anyone else make the same mistake. Going to have a cry now.
Judgment Entered against Barclays ** SETTLED IN FULL **
Hi everyone, well Barclays should have entered a defence to our claim by 18th January but amazingly they must have forgotten and we filled in the form to enter a judgment against them on 19th Jan. It was deemed accepted and entered by the court on 26th January so we're anxiously waiting for some form of correspondence to say that our money's being returned to us. Can't wait. Keep you posted from a very smiley Keriat
I have only just (today) entered Judgement against Barclays, as their 14 days was up yesterday.
I am doing it on behalf of my sister, and I am now getting slightly worried because I have been reading around this forum, and people are saying that Barclays will now enter a late defence, or will get the judgement set aside and it will have to go to a Hearing.
I'm really worried, because my sister is relying on this money and this has gone on long enough already.
I'll be interested to read what happens with yours now!