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.

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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.

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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.

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  1. #1
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    Default Rocco v Barclaycard **in court 18apr***WON**

    Hi guys

    Just a quick question and advise if i may ?

    i am in court on wed against the lovely chaps at Barclaycard, when i spoke to them about two months ago they said they would be in touch ref a settlement at least a week before the court date, they stated that they would be settling and not going to court.

    I called up on tuesday as this was 7 days before the court date and the person i spoke to assured me that he would forward an email to the lawyers and that they would call me, i left two contact numbers!!

    Surprise surprise and no phonecall or letter received in the post.... the only thing im worried about is that i work shifts and am supposed to be working on the 18 apr at the court time.....

    Do you guys think that barclaycard will settle the day before or just not turn up at court meaning that i do need to turn up, obviously so i dont default....

    any help would be appreciated....

    thanks in advance

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  2. #2
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    Default Re: Rocco v Barclaycard **in court 18apr***

    If you haven't settled with them before wednesday then you must turn up to court or you will lose by default if they turn up


  3. #3
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Bet they settle the day before!

    Milly X

    CAPITAL ONE (O/H!): Won £1864.63 including contractual

    GE MONEY: WON £266.00

  4. #4
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    Default Re: Rocco v Barclaycard **in court 18apr***

    They have offered me a settlement, however it is below the amount I asked for and I am in court also on the 18th so good luck

    Datxman v Lloyds TSB 2006 ** WON** 27/2/2006
    With no conditions
    Datxman v Capital One 2006
    S.A.R - (Subject Access Request) letter sent - July 2006
    Non-compliance letter sent - 11/09/2006
    enforcement letter sent - 11/09/2006
    Statements finally received - 27/09/06
    Prelim Letter - sent 28/09/06 - £540
    Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds
    Datxman v Barclaycard 2006
    Won no conditions


    Time is running out for the banks

  5. #5
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Quote Originally Posted by bmibabyfc View Post
    Hi guys

    Just a quick question and advise if i may ?

    i am in court on wed against the lovely chaps at Barclaycard, when i spoke to them about two months ago they said they would be in touch ref a settlement at least a week before the court date, they stated that they would be settling and not going to court.

    I called up on tuesday as this was 7 days before the court date and the person i spoke to assured me that he would forward an email to the lawyers and that they would call me, i left two contact numbers!!

    Surprise surprise and no phonecall or letter received in the post.... the only thing im worried about is that i work shifts and am supposed to be working on the 18 apr at the court time.....

    Do you guys think that barclaycard will settle the day before or just not turn up at court meaning that i do need to turn up, obviously so i dont default....

    any help would be appreciated....

    thanks in advance
    Good Luck for Wednesday, although I am sure they will either settle before or you will get a judgement when they do not turn up.
    My case with Barclaysicon is on 30th April, so I am just behind you.
    Keep us posted,
    DS


  6. #6
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Hey Datxman!!

    Guess there lawyers will have to be in two places at once then on the 18th April!!

    Maybe i will receive a letter in the post today but i very much doubt it!!

    If they dont turn up how long before i receive payment ?

    Also, ive just made a judgement against Barclaysicon about two weeks ago but havent heard anything on this, how long does that all take ?

    As always, thanks for your help and good luck to the guys in court throughout April !!!


  7. #7
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    Default Re: Rocco v Barclaycard **in court 18apr***

    I have just received a phone callicon from Barclaysicon saying they don't think it is cost effective to go to court and are willing to sort it out of court. However I have been asked to keep it a secret - so don't tell anyone right

    p.s. they have cancelled my card though - so be careful....

    Datxman v Lloyds TSB 2006 ** WON** 27/2/2006
    With no conditions
    Datxman v Capital One 2006
    S.A.R - (Subject Access Request) letter sent - July 2006
    Non-compliance letter sent - 11/09/2006
    enforcement letter sent - 11/09/2006
    Statements finally received - 27/09/06
    Prelim Letter - sent 28/09/06 - £540
    Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds
    Datxman v Barclaycard 2006
    Won no conditions


    Time is running out for the banks

  8. #8
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Hi Datxman
    Pleased to hear that they will settle without court, I presume in full, but sorry to learn they have cancelled your card. Is that a reprisal - I wonder!!
    DS


  9. #9
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    Default Re: Rocco v Barclaycard **in court 18apr***

    I think it is, no other reason for it. But at least their are not getting any of my money anymore.

    Any word on your claim yet?

    Datxman v Lloyds TSB 2006 ** WON** 27/2/2006
    With no conditions
    Datxman v Capital One 2006
    S.A.R - (Subject Access Request) letter sent - July 2006
    Non-compliance letter sent - 11/09/2006
    enforcement letter sent - 11/09/2006
    Statements finally received - 27/09/06
    Prelim Letter - sent 28/09/06 - £540
    Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds
    Datxman v Barclaycard 2006
    Won no conditions


    Time is running out for the banks

  10. #10
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    Default Re: Rocco v Barclaycard **in court 18apr***

    No I phoned the courts today, the two cases are sitting on the District Judge's desk waiting hopefully for the Judgement to be given against both GM Card and Barclaycard. In any event my court dates are 30th April 2007 - both cases and neither party have sent in their responses to the Judges directions which were ordered by a certain date which they have failed to do and the consequence is that their defence shal be struck out and judgement given.
    So I live in hope that I will be able to get the bailiffsicon in to my local branch with TV,Newspaper Jounalists etc..close behind.
    DS


  11. #11
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Well Done Daxtman and Congrats !!!

    Well no phone callicon or letter so its off to court tomorrow!! Will let you guys know how i get on!!


  12. #12
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Good luck for tomoz

    milly XX

    CAPITAL ONE (O/H!): Won £1864.63 including contractual

    GE MONEY: WON £266.00

  13. #13
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    Default Re: Rocco v Barclaycard **in court 18apr***

    thanks milly xxx


  14. #14
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    Default Re: Rocco v Barclaycard **in court 18apr***

    well off to court i go....

    had a quick read off the site to kind of get pumped up and try and look like what i know im talking about!

    Got a feeling i might lose after reading about the credit cards and the OFT's decision to recommend £12 charge, and that if you get offered a settlement the advise would be to take it and not take to court.

    Ah well, lets hope they do a no show!!!


  15. #15
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    Default Re: Rocco v Barclaycard **in court 18apr***

    I went to court today as no money has been paid in to my account, I told the judge what had been offered and he has agreed to put it on hold until i contact him to let him no either way.

    Let me know how you get on, fingers crossed for you.

    Datxman v Lloyds TSB 2006 ** WON** 27/2/2006
    With no conditions
    Datxman v Capital One 2006
    S.A.R - (Subject Access Request) letter sent - July 2006
    Non-compliance letter sent - 11/09/2006
    enforcement letter sent - 11/09/2006
    Statements finally received - 27/09/06
    Prelim Letter - sent 28/09/06 - £540
    Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds
    Datxman v Barclaycard 2006
    Won no conditions


    Time is running out for the banks

  16. #16
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    Smile Re: Rocco v Barclaycard **in court 18apr***

    Well what a day, definetely worth the experience datxman hey!!

    After getting to the court and seeing all 6 cases were against banks i had a little chuckle to myself, no other cases were listed except for ones involving banks - just proves once again how many claims arfe getting through!

    After registering i was approached by the Barclaycard lawyer who was very nice, he wanted a word with me in private....

    He asked whether or not i had received the cheque, i said erm no, what cheque ?

    Apparantly Barclaycard had settled a day before but quite stupidly and typical barclaycard style they sent it by special delv to my old address for the full amount....

    Bear in mind that i moved in Feb and had advised them of my new address and to which they replied by post to my new address...

    It also appeared that further correspondance including at least two other letters to my old address had been sent, these must have been sent after 14 March as i had the royal mail redirect for a month....

    Anyway, we agreed before seeing the judge that i would receive the cheque by 02 May..... When we went in the judge confirmed that the paperwork i signed was correct and that there solicitor had signed too. He confirmed that i should receive the money by 02 May!!

    So time to celebrate i guess, although not got the money extra expenditure has gone to Barclaycard because if i had received the cheque yesterday i would have called the court to cancel thus meaning no solicitor would have turned up, but low and behold they will have to pay him costs for turning up today!!!


  17. #17
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Well done BMIBABY, another case bites the dust.my turn next 30th April and counting!
    DS


  18. #18
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    Default Re: Rocco v Barclaycard **in court 18apr***

    Well done, at least they sent a solicitor to your court appearance, I had no one turn up and no communications were made to the court to say that they had settled.

    But at least it's another case won - yipee

    Datxman v Lloyds TSB 2006 ** WON** 27/2/2006
    With no conditions
    Datxman v Capital One 2006
    S.A.R - (Subject Access Request) letter sent - July 2006
    Non-compliance letter sent - 11/09/2006
    enforcement letter sent - 11/09/2006
    Statements finally received - 27/09/06
    Prelim Letter - sent 28/09/06 - £540
    Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds
    Datxman v Barclaycard 2006
    Won no conditions


    Time is running out for the banks

  19. #19
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    Default Re: Rocco v Barclaycard **in court 18apr***WON**

    .
    .
    .

    .
    .
    .


    Apologies to people who I was in the process of helping, I may be gone some time.

  20. #20
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    Default Re: Rocco v Barclaycard **in court 18apr***WON**

    Yay! Congrats!



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