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MarioUK v Barclays - transferred to Mercantile **WON**
Guys & Girls,
I've reached the stage where Barclays acknowledged my claim (14/01/07) via HMCS Money Claim online. The 28 days they are allowed officially ends tonight 12 midnight.
So what do I do next? If they do not respond by tonight does this mean I win this case by default?
I would recommend that you do not hit the judgment just yet. Chances are that Barclays have, or will put in a last minute defence, and if judgment has been served, they will get a set-aside and only delay your case more. There are a couple of suggestions:
1) Leave it for a couple of days or so and wait to see if their defence shows up. If it does, proceed as normal;
2) Ring the courts, and Barclays legal dept to find out where their defence is. The court may say they haven't received it yet, but Barclays may say it's on its way.
Hitting judgment doesn't necessarily mean you will win by default. As the banks are slippery, they will find any which way to get out of it, and cause more delays, so in fact when they DO send a defence, it is good. It means that the case is progressing just as you want it to. As soon as the Allocation Questionnaires have been received by both sides (the next stage after this) you'll hopefully be given a court date. At that point Barclays will be interested to settle in full before the hearing. Before that they are just following procedures
Hope that helps
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
No, not necessarily. How much is your claim for? If you're lucky they may just pay you (after all that) but if not, just be prepared for a bit more time-wasting on Barclays side....I doubt your claim will be over just yet
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I would recommend that you do not hit the judgment just yet. Chances are that Barclays have, or will put in a last minute defence, and if judgment has been served, they will get a set-aside and only delay your case more. There are a couple of suggestions:
1) Leave it for a couple of days or so and wait to see if their defence shows up. If it does, proceed as normal;
2) Ring the courts, and Barclays legal dept to find out where their defence is. The court may say they haven't received it yet, but Barclays may say it's on its way.
Hitting judgment doesn't necessarily mean you will win by default. As the banks are slippery, they will find any which way to get out of it, and cause more delays, so in fact when they DO send a defence, it is good. It means that the case is progressing just as you want it to. As soon as the Allocation Questionnaires have been received by both sides (the next stage after this) you'll hopefully be given a court date. At that point Barclays will be interested to settle in full before the hearing. Before that they are just following procedures
Hope that helps
I might be being simple here, but if the bank miss the deadline, surely thats their error? They've got till midnight tonight to file a defence, I was under the impression if they haven't done so by then I can file for judgement then execute a warrant for the baliffs?
EDIT: Just checked on moneyclaim online & if you request judgement before 9am the defendants have until 4pm the same day. This is endless!
Will Barlcays legal team get notified if I request judgement? How long do people suggest leaving it before requesting judgement?
what date did you submit your claim as they have 5 days for it to be served , 14 days to acknowledge and a further 14 days to defend making a total of 33 days from the date you submitted.
what date did you submit your claim as they have 5 days for it to be served , 14 days to acknowledge and a further 14 days to defend making a total of 33 days from the date you submitted.
Not sure if that was aimed at myself or mario, I'll stick my oar in anyway!
Filled in the bit on moneyclaimonline on 11th Jan, served on the 16th & they acknowedledged it on the 30th. As of 12am tonight I can request judgement
yeah your right , just checking.lol.
they will probably defend at the last minute or the day after the deadline.they have done that before and gotten away with it.
good luck anyway.
No, not necessarily. How much is your claim for? If you're lucky they may just pay you (after all that) but if not, just be prepared for a bit more time-wasting on Barclays side....I doubt your claim will be over just yet
My claim is for £1342.
I've just checked Money online Claim :-
Defence
"You are unable to take any further action online on this claim.
The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."
"You are unable to take any further action online on this claim.
The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."
Should I start to worry?
I've got the same message today. Standard practise I believe, have a read of the other threads on here for advice on the next steps
"You are unable to take any further action online on this claim.
The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."
Should I start to worry?
Nope, not at all. This just means they've now entered a defence...so as I had said, they have sneaked it in last minute anyway.
Just proceed as normal now. You should receive a copy of their defence soon (it'll be the one they seem to send to everyone) Then you'll eventually receive an allocation questionnaire, and once that has been returned by yourself and Barclays, you'll be given a hearing date.
Don't panic....it's good that it's all progressing as normal
Crash
DAY 1: 12/09 - S A R to British Gas
DAY 45: 27/10 - Data Non-Compliance sent off
DAY 67: 18/11 - N1 Deemed served
DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06 24 Days: E2Save Settled in full £70 59 Days: Barclaycard claim Settled in full £134.39 162 Days: Halifax Settled in full £1543.80 179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs 254 Days: Barclays 2 Settled in full £1450.91
Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
i think i have got it , you requested judgement on MCOL but it has been rejected.
thats ok i think , just wait for your AQ to arrive.
now it goes to county court.
Sounds like Barclays stepped in at sudden death as they like doing, apparently they can still put their defence in even when YOU think your deadline has passed. If i were you Id take it as though the claim is still going ahead.
Wouldnt hurt giving the court a call though to clarify.
The courts know how snowed under banks are with these claims, and tend to allow an extra day or two to enter their defence.
Once a defence is submitted, the case is moved to your local county court. You should then receive your "Notice of Transfer of Proceedings" and an Allocation Questionnaire (AQ).
Many a people can't wait to hit the "Start Judgement" button on MCOL, but rarely its granted.
i think your request for judgement on MCOL has been rejected because they put a defence in so it has been transferred to your local court.
just fill in the aq and send it off .
looks like your claim is still ongoing.
sorry i didn't realise they had sent your AQ.
MarioUK v Barclays - transferred to Mercantile **WON**
acknowledged my claim (14/01/07) via HMCS Money Claim online. The 28 days they are allowed officially ends tonight 12 midnight.
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Originally Posted by crashbandicoot
