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


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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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Thread: AQ Stage

  1. #1
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    AQ Stage



    Hi guys,

    Had the aqicon from the Court and have to get it back to them by the 28th June.
    Expecting the B'lays soliciters to wait until the last minute.

    Just out of curiosity, do B'lays usually settle before I get a Court date or do they wait right till the last second?

    What is an estimated time scale? Aiming before August, is that realistic target to get the Cash by??

    Cheers,

    Ron





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  2. #2
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    Default Re: AQ Stage

    Hi, Im in the same situation here, I have received a Notice of Transfer of Proceedings saying that the filing of an allocation quenstionnaire be dispensed with in this case.

    I have not had any other info from the court and they have not told me what I should


  3. #3
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    Default Re: AQ Stage

    Try this number, ring and ask if they want to settle you might just be surprised.
    Krysta Campbell is now dealing with many of the advanced staged claims.Direct dial;02071164753 Fax 01452 638359 Krysta.campbell@barclays. com






    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.

  4. #4
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    Default Re: AQ Stage

    Hi, I am in the same situation. I have received a Notice of Transfer of Proceedings saying that the filling of an allocation questionnaireicon be dispensed with in this case.

    I have not been told what will happen next or what i need to do.

    Does anyone have any ideas???

    Thanks in advance.


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    Default Re: AQ Stage

    You will recieve further directions from your local court. Please start your own thread so you dont get lost in this one. Also if your claim is over £1500 you may still have to pay the allocation to track fee. Ring your court and confirm this.






    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.

  6. #6
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    Default Re: AQ Stage

    Hi Guys,

    Well sent my aqicon back.

    Just waiting for a Court Date now.

    Cheers,

    Ron

    The Woolwich - Case being held by Court. £1700

    Halifax - Case being held by Court. £800

    Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

    Natwest - LBA - £800.


  7. #7
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    Default Re: AQ Stage

    I now have a Court date for the 29th August. Documents to be with Court by 2nd August.

    Now with my last Court Case (Natwesticon) they settled before I had sent the documents. Is this likely to be the case with Woolwich?

    I will gather all documents anyway just in case :0)

    The Woolwich - Case being held by Court. £1700

    Halifax - Case being held by Court. £800

    Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

    Natwest - LBA - £800.


  8. #8
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    Default Re: AQ Stage

    Hi Ron

    THreads seem to indicate that B's Litigation are so snowed under that they don't have manpower/inclination to consider negotiating settlement wioth court dates further than 3 weeks away.

    Quite honestly, even if they did agree to settle, I would still send in documents by 2nd August UNLESS you actually have the cleared dosh; if you don't comply with court deadline because you're on a promise from Barclaysicon, the court will Strike Out your Claim and Barclays will be laughing all the way back to the bank.

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  9. #9
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    Default Re: AQ Stage

    Quote Originally Posted by welshcakes View Post
    Hi Ron

    THreads seem to indicate that B's Litigation are so snowed under that they don't have manpower/inclination to consider negotiating settlement wioth court dates further than 3 weeks away.

    Quite honestly, even if they did agree to settle, I would still send in documents by 2nd August UNLESS you actually have the cleared dosh; if you don't comply with court deadline because you're on a promise from Barclaysicon, the court will Strike Out your Claim and Barclays will be laughing all the way back to the bank.
    Yup, understood. Will get all the documents to the Court by the 2.8.07, am I also required to send a copy to the Soliciter for Barclays?

    Ron


    The Woolwich - Case being held by Court. £1700

    Halifax - Case being held by Court. £800

    Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

    Natwest - LBA - £800.


  10. #10
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    Default Re: AQ Stage

    You haven't posted the court Order however I would presume yes as it is standard wording in any pre-hearing 'disclosure' Order for the Claimant, that you serve both the court and the Defendant (same deadline).

    Goes without saying at this stage that you send it registered post. If I were you I'd be tempted to send the covering letter suggesting that in view of the Aug hearing, they may now wish to discuss settlement.

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  11. #11
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    Default Re: AQ Stage

    Quote Originally Posted by welshcakes View Post
    You haven't posted the court Order however I would presume yes as it is standard wording in any pre-hearing 'disclosure' Order for the Claimant, that you serve both the court and the Defendant (same deadline).

    Goes without saying at this stage that you send it registered post. If I were you I'd be tempted to send the covering letter suggesting that in view of the Aug hearing, they may now wish to discuss settlement.
    Including costs its about £1900. Hwoever, when I started Action the interesticon per day was about 34.00p. Am I within my right to claim that bacl also or is that at Court discretion?

    If its my responsibility, am I required to make the calculation or is that the responsibility of Barclaysicon?

    The Woolwich - Case being held by Court. £1700

    Halifax - Case being held by Court. £800

    Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

    Natwest - LBA - £800.


  12. #12
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    Default Re: AQ Stage

    If the 'interesticon' of £0.34 you are referring to is the Statutory Interest of 8%APR, then you have a legal right to have that accruing until date of settlement (or where it makes for sensible agreement and Barclaysicon are settling by cheque as oppose to crediting a bank account, up to the date that Barclays make out the cheque).

    Should Barclays confirm that they're wanting to settle pre-hearing, you can email through an updated SOC to their Litigation Department and if you want, also add an NB footnote to the bottom of your SOC stating that ongoing 8% Stat Interest is at the rate of £0.34 - that way they have all info they require to settle for the correct amount (and it shows that you know they know )

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  13. #13
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    Default Re: AQ Stage

    Many thanks Cakes.

    Would it be worth calling their soliciter to see if they want to settle?

    The Woolwich - Case being held by Court. £1700

    Halifax - Case being held by Court. £800

    Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

    Natwest - LBA - £800.


  14. #14
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    Default Re: AQ Stage

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41


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