Where to go next???

[danielpope]

Hi,

I have received a Notice of Transfer of Proceedings to my local court today, saying that teh filing of an allocation questionnaire be dispensed with in this case.

Does anyone know what I should do next? I havent received any instructions from the court on what I should do next.

Should I wait to hear from my local court or contact Barclays to try to settle?

Thanks in advance.

[enoughisenough]

You're are in for the long haul I'm afraid. I got this back in April. My court date has been set for the 23rd July. They wont even talk to you till you've got a court date. What you should start doing is preparing your court bundle which the bank and the court need a copy of at least 2 weeks before your hearing. Best to start preparing this now. You might not need it but your claim will fail if it goes to court and you haven't got the paperwork in order. Search this sight for court bundles. t can be a little daunting so the sooner you start the better.

[pinksorrell]

Hi. I received a similar worded Notice today and phoned the local court whose number was on the Notice and they told me that they would be in touch in due course.
I actually don't mind having to wait a bit for the court date as it gives me plenty of time to prepare. There's so much helpful info on this site in the 'later stages' links to read through and give you confidence. I know it is daunting but it is do-able!!

[enoughisenough]

Good stuff pinksorrell. Remember the banks are sharks. They want you to slip up. Be organised, logical and calm. The next stage is a scary defence which is actually generic from an email. You'll know this because it will have loads of question marks where the apostrophes should be! Just use the forums, prepare carefully and you'll be fine. I got a helluva shock when I got my court date in May (July 23rd) so it is a long time. That however gives YOU time to prepare your case thoroughly and the interest adds up as well!

[welshcakes]

Originally Posted by enoughisenough

and the interest adds up as well!

which if you had the money in a savings account would be taxed so the 8% is equivalent to a Savings Account of what, 10% interest? That'll do most of us in plenty of time for some Winter Sun or a cheery Christmas

[danielpope]

Hi,

I got a court date through this morning for 20th August at 4pm!!!!!

Now I'm scared! - I thought they were on hold because of the OFT test case????

Should I start preparing a court bundle now? - Does anyone know where to get one from?

Dan.

[welshcakes]

Hi Daniel

What does the Court Notice say? (Post it on hear).

It's probably only a Directions but we need to see the wording to know what you should be doing/sending/preparing.

[danielpope]

Hi Welshcakes, I have typed the whole letter below:

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"Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The claimant to file at Court and serve on the defendant by 4pm 20th August 2007 a particularized schedule setting out individually each sum which he says the Defendant has taken from his account or accounts unlawfully specifying the date on which it was taken and the number of the account in question. In default the claim will be struck out without further order on the date and specified herein.

2. Thereafter the Claim shall be stayed for settlement until 4pm on 24th September 2007.

3. Not later than 4pm on 1st October 2007 the Defendant's Solicitors shall file at Court and serve on the Claimant a notice indicating whether the Claim has been settled or not, and if not what issues remain in dispute and why. If the claim has not been settled the DJ will at that stage if possible without a hearing give further directions to progress the claim to Trial.

4. Leave to either party to apply to set aside, stay or vary this order by 4pm 8th August 2007.

-----------------------------------------------------------------------

Hope this makes sense to you!

[welshcakes]

Okay so:

1) Unless CAG revise the POC even further, you need to send in http://www.consumeractiongroup.co.uk...-barclays.html (the updated Particulars of Claim) and An up to date 6. Interest calculation spreadsheets (Schedule of Charges).
If you don't send this paperwork to reach the court and Barclays by 20th August, your Claim will be Struck Out ie you will lose automatically for no complying.

2) You then wait until 24th September (it is unclear whether you are expected to attend at 4 pm on this date as it doesn't actually state it will be settled without hearing). Ring the court closer to the date and have this clarified.

3) On 1st October, Barclays have to advise the court in writing (with a copy letter to you) confirming whether or not they have offered a settlement or a figure which you have accepted. If they do not write to the court, you can request theior Defence to be Struck Out for non compliance with this court Order.
If no settlement has come to pass, the judge will lokk at the reasons Barclays have given as to why they haven't payed you and decide on the merits of their argument whether or not to bring the parties in for a chat or just to make a further Order without having any of you attend.

4) Barclays have the right to request that the whole matter be Stayed but they must request this by 8th August.

As far as 1) is concerned, hold fast on sending in the paperwork for now as CAG may well come up with an even better POC but make sure that you send the latest POC version and SOC to court & Barclays about a week before deadline and do it registered!

[danielpope]

Hi All,

Further to my recent post of General Form Of Order, I receoved a letter from Barclays Bank today (just in time for the deadline of 1st October!), it is addressed to the court saying that no settlement has been agreed between the bank and myself and that in light of the test case between the OFT and Abbey National and others all issues remain in dispute between the parties. They then go on to say that they respectfullly submit that a stay of this action is granted, pending final determinaltion of the test case.

What do you think I should do? Write to the court and say that the test case does not concern me?

Any help would be grately appreciated as I want to write back before the court grant the stay!!!

Hope all is well for everyone!

Dan.

[danielpope]

IS ANYONE OUT THERE????????

Hi,

Today I wrote to the court and barclays suggesting to the judge that he should not grant a stay as barclays did not request this by the given deadline. Hope the judge decides wisely!!

Dan.