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.
I have about 2 weeks to get my bundle off to the Court and Barclays - but having read through the Library bundle I'm not sure that I could explain to the Judge what any of it means! Or do you just send it off because it works? And will Barclays turn up? Do I have to counter each of the 8 points in the Defence presented by Barclays in the Defence & Counterclaim form? Any advice greatly welcomed!
I cant answer about counterclaim section as i didnt come across this in either of my claims.
do you just send it off because it works?
Yes its to (a) be preprepared for court (b) scare the hell out of Barclays and (c) give the impression you know what you are doing. You will learn a few things too.
MSA, you suggested to someone else that if you send the bundle to Barclays first they may just roll over ahead of the Court appearance. Do you put a covering letter with that bundle asking them to cut their losses and pay up or would that just encourage them to let me stew?
Let them stew, as msawouldlikejustice says
Yes its to (a) be preprepared for court (b) scare the hell out of Barclays and (c) give the impression you know what you are doing. You will learn a few things too.
They will probably settle before court but you must prepare for appearing, You could phone them asking if they are prepaired to settle before court date, keep it simple ask them YES/NO then you can start to prepair your case if you need to.
Thanks George. Just one small point that I have only just noticed - "the hearing should take no longer than 5 minutes" . Does my Judge hold the record for claims dealt with in a day?
The hearing you refer to will be to check both parties have all relevant casework and still wish to go ahead at this point the judge will set a date for hearing.
I am a touch confused about what hearing I'm going into. I have two cases - one against Barclays Bank for £2000 and one against Barclaycard for £260. I have had a "Notice of Allocation to the Small Clains Track (Hearing)" (N157) back for each of these - different dates and different judges. In the case of the Barclays case I am told that the hearing should last no longer than 5 minutes and in the case of Barclaycard that it should take no longer than 1 hour 30 minutes. So, are these both just hearings to check that everything is in order to proceed, or has an hour and a half been set aside for the Barclaycard case to be heard through to a conclusion? Any advice welcome.
Court Date set!!
- but having read through the Library bundle I'm not sure that I could explain to the Judge what any of it means! Or do you just send it off because it works? And will Barclays turn up? Do I have to counter each of the 8 points in the Defence presented by Barclays in the Defence & Counterclaim form? Any advice greatly welcomed!
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