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I've been watching for a while, and using the excellent advice and information to help with my own fairly standard case.
Now, I feel the need for a little help and advice.
I first contacted Barclays on October 6th, and I filed my claim at 'Money Claim Online' on the 8th December.
Barclays acknowledged just on the deadline, of course, noting their intention to defend all of the claim.
Their defence appears to be standard according to other posts I've read.
They also initiated a transfer to a court near me, which I think is also standard.
I returned the allocation questionnaire (N149) within a couple of days of receiving it, filled in as advised by jonni2bad
The actual deadline for me to return it was January 28th 2007, but I actually returned it on the 16th.
My two questions are: -
1. Should I have had any acknowledgment from the local court? I haven't, so maybe I should phone them to ask if they received it?
2. Do I need to send my 'Court Bundle' now, or wait to be asked?
1. Checking with them to see if it has been received wont do any harm, but i wouldnt worry, i didnt hear anything for a month when i handed my aq in.
2. I would send Barclays their copy, it will show them you are serious and hang on to the courts copy you might not need it and it will save you a few quid
While I wait for my court date, does anyone here have experience, or opinions, of this situation?
My Barclays current account, with the charges that I am claiming, is now closed for the reason shown below: -
I have recently completed an IVA (Full and final is in place), and Barclays were included in the creditors list because of my agreed overdraft, which was of course at its limit. I don't know exactly how much of it they were paid, but it was something like 40p in the £
If I win, I shall want a cheque, not an electronic payment to my now closed account
Can they insist on using the money to offset against their losses? Even though they have closed the account, and the Full and Final IVA is completed? As I understand it, 'full and final' does mean exactly that.
Just an update really, nothing much has happened lately, and I did begin to worry in case my claim had been lost in the system.
I returned my aq on January 16th, although the actual deadline for this was January 28th, and as its now well over a month I thought I might have heard.
So, yesterday I phoned the local court, to where my case has been transferred, to ask about progress, or even a court date. The lady I spoke to was very helpful, and after confirming that my case number is progressing through the system normally, she went on to explain: - 99% or more of these claims are being settled out of court just before the actual court hearing would have taken place, for this reason the judges are insisting that where these cases are involved, the whole day must be made up of such cases, and nothing else".
Clearly her comments cannot be taken as any kind of formal statement, but it is reassuring to get her perspective on whats actually happening.
Also, just over a week ago, I sent a copy of my court bundle to Barclays, along with a covering letter inviting them to settle, this of course, has not been acknowledged.
Typical! I post the above update, and half an hour later the letter from the court arrives!
Never mind, I now have a court date of June 21st. That's over three months away - good for Barclays I guess, but a pain for us, as it seems likely we (myself and all those others who presumably have the same date) will not get settlement until then.
Thanks for that dar3n. I hadn't realised that I could continue to accumulate interest, I don't know why, but I had assumed it was frozen at the time of placing the claim.
Yes, pretty much, I just have to double and triple check my court bundle and get it off to the court quite soon. I've forgotten exactly when they want it by. Must check tomorrow.
BaiNuanKen vs Barclays Bank **WON**
on October 6th, and I filed my claim at 'Money Claim Online' on the 8th December.
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