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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default olly83 v Barclays ***WON***

    Took AQ into Southend county courticon at end of February with Draft Order for Directions attached. I asked if this was likely to be used and the clerk said the judge "liked to do his own thing" !!! Today have received a General Form of Judgment or Order stating that District Judge Dudley had ordered a stay until 5th April when it would be referred to the Judge in 'boxwork'. I am assuming that they do not yet require the bundle to be submitted at no mention was made. Has anyone else had any dealings with this Judge and why the stay? Could it be Barclaysicon have not got their a***s in gear and have been given more time to submit their AQ which was due on March 10th. Any comments gratefully received.

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  2. #2
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    Default Re: olly83 v Barclays

    An update - Judge considered aqicon on 5th April and have now received N24 form Notice of Allocation Hearing/Case Management Conference. This states that this will take place on 27th June at 10.00am. This is Southend Court with Judge Dudley. Any others receive the same form? Is this a new strategy to clear the backlog quicker? Will Barclaysicon put in an appearance? There was no mention of me submitting paperwork although court bundles have been ready for a while. Has anyone else been given this date in Southend Court?


  3. #3
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    Default Re: olly83 v Barclays

    Allocation Hearing/Case will take place on 27th June There was no mention of me submitting paperwork
    If it was me, I would contact the court and ask the question direct.
    or hand it to them and ask them to attach it to your case file.
    and then send the copy to B's by Recorded or Special Delivery.

    This way you are covering your back.

    When it gets closer to the date, maybe 17th it might pay you to contact the Litigation Team and tell them you have a court date.

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  4. #4
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    Default Re: olly83 v Barclays

    Thanks for that Dar3n, yes I think that is a good idea, it also sends messages to B that I am prepared to take it to the wire (with the help of CAGers of course!)


  5. #5
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    Default Re: olly83 v Barclays

    Have decided to close down my Barclaysicon account as have found another account that is much more advantageous to me. Can anyone advise me, will this affect the way B deal with me as I am getting close to the "do you want to deal" situation pre-court date. If, NO!!! WHEN they pay me back MY money does it matter that I no longer have an account with them?


  6. #6
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    Default Re: olly83 v Barclays

    Shouldn't affect anything if you close the account, it's still YOUR money, after all. For the bank to take punitive action against you is against the Banking Codeicon.

    You could play safe, and leave the account open until you've won...



    Barclays (2 accounts) WON
    Lloyds TSB (Daughter's) WON

    Cohen's: WON (discontinued)
    DLC: Given up, gone away.
    Eversheds: Trying!
    Equidebt: In default
    Intrum J: Return to OC
    iQor: Stopped paying.
    Link: In default.
    ScotCall: Return to OC
    Thames: Stopped paying.


    I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

  7. #7
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    Default Re: olly83 v Barclays

    Yes thanks I might just do that.


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    Default Re: olly83 v Barclays

    It wont matter if you close the account they will have to pay by cheque, however if the account is open then they should pay staright into the account which is quicker than a cheque.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  9. #9
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    Default Re: olly83 v Barclays

    Latest update - SETTLED IN FULL!!!! Call Krysta yesterday (on a different number from that on here 02071165835). She said letter was about to come out to me as my Allocation Hearing date is 27th June offering to settle, however the amount was for the original claim of £3437. Told her the daily interesticon rate and court expenses brought amount to £3622 and she said OK will send to accounts dept. Won't beleive it until it is in my account but looking good!!!
    Also said to her about charges incurred since claim begun and she said all I need to do is to write to B again stating the details of this claim and date of settlement and they will refund money straight away as "they will know you are serious and will take it to court". Proves its worth hanging on in there. When money through will of course donateicon to CAGicon - couldn't have done it without all the hours spent reading through other peoples threads and great advice from mods


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    Default Re: olly83 v Barclays

    congratulations


  11. #11
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    Default Re: olly83 v Barclays

    That is excellent...

    Well done.

    Let us know when you recieve the money.

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  12. #12
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    Default Re: olly83 v Barclays

    Have received settlement letter (with incorrect amount - Krysta said to just amend it). Have signed after deleting confidentiality clause. They also asked me to send with the signed settlement letter the letter to the court withdrawing claim against them. I explained in e-mail I will only do this when money is in my account. Can anyone let me know where there is a template for this letter to the court? Thought I had seen it somewhere on here - any help gratefully received.


  13. #13
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    Default Re: olly83 v Barclays

    Hi you need the N279 Notice of Discontinuance
    http://www.hmcourts-service.gov.uk/c.../n279_0699.pdf

    DO NOT SEND THIS TO THE BANK!!!!!


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  14. #14
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    Default Re: olly83 v Barclays

    Thanks Dar£n will send that off to court only when money is in my bank account which they say will be end of this week beginning of next - result!!!
    Should I not send them a copy of the discontinuance form as they have asked even after money in my account?


  15. #15
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    Default Re: olly83 v Barclays

    yes you can send it AFTER you have notified the court. But not before.

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  16. #16
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    Default Re: olly83 v Barclays

    Solvent again!!!!! Money received; donationicon made to CAGicon - thanks guys.


  17. #17
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    Default Re: olly83 v Barclays

    Well done Olly - CONGRATULATIONS.

    That should make for a better wekend!

    Slick


  18. #18
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    Default Re: olly83 v Barclays

    CONGRATULATIONS...!!!!

    Well done, Have a great weekend..

    Dont forget to do the survey, and donationicon??

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    Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

  19. #19
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    Default Re: olly83 v Barclays

    Thanks Seaside-Lady and Slickwilly
    Yes have donated and done survey. Must also add weight to the feedback about the Litigation team - respond quickly and politely to enquiries and queries considering how under pressure they must be. I urge others not to be anxious when contacting them but settle only for the amount you think is fair.


  20. #20
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    Default Re: olly83 v Barclays

    Well done Olly!

    Good weekend in store, I imagine....



    Barclays (2 accounts) WON
    Lloyds TSB (Daughter's) WON

    Cohen's: WON (discontinued)
    DLC: Given up, gone away.
    Eversheds: Trying!
    Equidebt: In default
    Intrum J: Return to OC
    iQor: Stopped paying.
    Link: In default.
    ScotCall: Return to OC
    Thames: Stopped paying.


    I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.


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