Nothing back from Barclaycard more than 3 weeks after date of service - are they out of time??

they had 14 days

they had 14 days

From when? They were served on 10/11/17 and acknowledged on 15/11/17

So they've acknowledged the claim and, I assume, given notice that they intend to defend the claim in full.

They have 28 days from date of service to file their defence.

This info is easy to find on the web and you should be learning about the process for yourself by now. Read BC *WON* threads for examples.

The more you learn, the better your chance of success.

I haven't just bumbled into this,

I've read lots,

which is why I'm confused about whether they have 14 or 28 days.

The answers, including yours, seem to vary...

And, "confusingly". MCOL is presenting me with the option to request judgement.

if Barclays have not ack'd the claim on mcol

then they are out of time and you can push for judgement by default.

by day 19 from the date on the claimform they must do that, [5 days service , 14 days to act]

if they have ack'd the claim

then you wait to see if they file a defence by day 33 from the date on the claimform

again if they fail that, you can push for a default judgement

Many thanks for that dx100uk.

The claim was issued on 23/10/17

The PoC was served on 08/11/17, the "date of service" is 10/11/17. That gives an out of time date of 13/12/17.

Barclaycard filed an acknowledgement of service on 15/11/17.

It also says on MCOL "Date of service of 10/11/2017 for Barclays Bank PLC t/a Barclaycard notified on 27/11/2017 at 08:01:17" - not sure what that actually means.

The claim form states "You must respond to this claim form within 14 days of the day of service (or particulars of claim if served separately).

The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf". That gives an out of time date of 29/11/2017.

The claim form also states (to the defendant) "If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service". That gives an out of time date of 08/12/2017.

I'm full of a cold at the moment, but I still think it's confusing!

Well, I pressed the request a judgment button.

The next screen said this:

"14 days must have expired since the claim was served on the defendant(s) (the claim is considered served on the fifth day after it was issued) and a response has not been filed or served on you

If you served separate detailed particulars of claim on the defendant(s),

you must have filed a certificate of service within 14 days of serving these and,

where you've done this,

you must confirm this if you proceed to request judgment."

The screen after that says:

"The following errors have occurred:

You can only request Judgment by default if the required number of days have passed."

So it's either 8/12/17 or 13/12/17...

I'd take the date you filed the POC and add 5+28 days = deadline for BC's defence.

Try hitting the Request Judgement button if you think it's earlier.

"A bar was put in place for Barclays Bank PLC t/a Barclaycard on 08/12/2017"

Claim transferred to my local court.

they got their defence in then

you should get a copy of it just now

They will insist on their silly little dance...

Ford, how long it take in your case from claim being transferred to done-and-dusted?

Hi John,

I don't think Ford has been down the BC Reclaim Pathway.

This is standard for BC to put in their defence. When you get it, remove identifiers and post it here although it should be the same as we've seen before.

I don't think Ford has been down the BC Reclaim Pathway.

Indeed - I mixed up my Fords and my martin2006's...

No worries Johnhn, once its allocated a hearing date that should be the latest date its all settled and done with, but no promises tho, stranger things have happened.

A bundle has arrived from their Sols - over 100 pages of it...

Poor trees!

I expect it will be a cut n paste of what i had with your personal information edited in.

Take some time to read through it and bullet point anything that might need looking at.

Bit early for their Bundle really - all they had to do was File their Defence.

Maybe they think the volume of paperwork will intimidate you.

It won't, of course but let us know the next development.

I don't know if it's The Bundle, but it's certainly A Bundle...

It comprises:

1)N244 Application Notice, for an order to:

i)Strike out the PoC pursuant to CPR 3.4(2)(a) because they discloses [sic] no reasonable grounds for bringing the claim or 3.4(2)(b) because they amount to an abuse of process and for judgement in its favour; or

ii)Summary Judgment [sic] pursuant to CPR 3.4(2)(a) and 24.2(a)(i) on the basis that the [sic] there are no reasonable grounds for the Claim to be brought and that the Claim has no real prospect of succes [sic].

iii)The Claimant to pay the Defendant’s costs.

2)Draft Order for the above

3)Witness Statement of TLT Sol. (I'll scan this up tomorrow).

Barclaycard T&C’s

Statements from October 2013 to October 2017

OFT842 (“Calculating fair default charges in credit card contracts – A statement of the OFT’s position – April 2006”)

The Witness Statement is quite a scathing read.

However, for me, the basic principle remains.

Over the course of 4 years, I spent £342.48 on the card.

I repaid £663.34.

I was subsequently defaulted for £348, but the default fees alone were £564.00...

I still marvel at the logic of expecting someone to operate within their credit limit by charging them £12 for going over it. Except of course they don't really want you to operate within your credit limit because if you did, they couldn't make a packet in charges...

oh ok, they acknowledged service, and then have done the n244 (rather than a defence). tricky.

oh ok, they acknowledged service, and then have done the n244 (rather than a defence). tricky.

Sinking feeling...

Sinking feeling...

a bit. partic as poss costs are now involved.

However, for me, the basic principle remains.

 

Over the course of 4 years, I spent £342.48 on the card.

 

I repaid £663.34.

 

I was subsequently defaulted for £348, but the default fees alone were £564.00...

"Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies

A default should not be filed:

If the amount outstanding is solely made up of fees or charges"

But likewise if their application failed...you would be awarded costs...if you could scan and redact their WS and upload along with any evidence in support.

We need to see your particulars of claim (upload as a PDF only member's can view attachments)

Andy

PoC and Witness Statements attached.

PoC.pdf

Witness Statement.pdf

"Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies

 

A default should not be filed:

 

If the amount outstanding is solely made up of fees or charges"

and there is that case (HL i think) which says that the amount in a default notice should not be mainly re charges etc.

that aside, your poc seems was too much for a poc. hindsight.

it was said that 12£ would be generally seen as ok, but not to default on. as above.

imho, if things aren't looking favourable, maybe try for a settlement prior without costs against.