Hi all, I wonder if you could help please? I have a Virgin CC with a balance of 7K that has just come out of the promo period and I'm really struggling to pay. I missed last months minimum payment as I went 42p over the limit and they charged me £12 and then added interest a month early- they removed the promo rate a month early due to the 42p I received lots of call to my home and mobile from India (I assume?) demanding my debit card details and pressuring me to set up DD's, both of which I refused. I have now managed to catch up my arrears but will owe another months money next week which I don't have so I expect the calls will start again. Yesterday, they called my place of work twice and enough is enough, I really have to do something about these crooks before my MD starts asking questions. I took the card out in August 2008 so am unsure whether of not I can challenge the debt? I will struggle to make the repayments now the 0% rate has ended but can't take anymore of the calls at home. I have a pregnant wife who is due in 2 weeks and a toddler at home and she has been worried by these calls too. Please can someone help with my next steps to fight back against this organisation? I'd really appreciate it. Thanks in advance. H

Hi Chelseaboy, I phoned the Court on Friday and informed them that Abbey hadn't paid up yet and they said that they should of by now. The court are sending me an enforcement pack out in the post but it hasn't arrived yet. I'm not sure what to expect either?

How much does it cost for a stay application Tez? Their lawyer said that they may not bother but knowing my luck with this case they probably will!

The judge said to me in a condescending way that I have an open goal but still need to kick the ball into the net!

Thanks Lula, I'll ring them first thing Monday.

Thanks guys, there wasn't a tear off part on the judgement so I'll give the court a ring on Monday. Can Abbey still aply to have the judgement set aside? If so I may wait as I don't want to prompt them into doing anything like that.

Just got an order through that the defence has been struck out due to non compliance and have been awarded judgement in default. Please can anyone suggest what to do from here? Can they appeal against this? Thanks

Got the judges order through yesterday, here it is below: Before District JP sitting at Oxford CC Upon hearing the claimant in person and the counsel for the defendant Upon the court being satisfied that the defence has been struck out persuant to paragraph 4 of the order of the 20th July 2007 IT IS ORDERED THAT 1. The proceedings are stayed for 28 days, in order to give the defendant and opportunity to apply for relief from solicitors 2. The application for a stay is Adjourned Generally with Liberty to Restore, to stand struck out if not restored by the 5th November 2007. Date 5th Oct 2007 _____________________________________________________________ Any thoughts anyone?

I would have had the same result slick had the court not been so useless and cocked my case up! Well done to Aude though!

so do you think they will make the application Saintly? The barrister said they may not bother.

Thanks for your support Slick, you've made me feel better about today. I'll post the order as soon as I get it. Doubt this will be soon though due to the postal strike. Can you tell me why Barclays may want to settle now? I'm confused. Cheers Harvey

Hi Slick, It didn't make sense to me either. It seemed like the judge was just sitting on the fence. I told them both that this was a complete mockery of the justice system and that Barclays were wasting the courts time. The judge agreed but was still sympathetic to Barclays lawyer. I even explained that I had taken 1/2 days holiday to come present my case (which had taken over 3 hrs to prepare) and Barclays couldn't be bothered to even acknowledge the courts directions. (Small guy gets **** on again by our screwed up legal system.) The judge suggested that I speak to Barclays about a settlement in the meantime (28 days whilst I wait for them to properly apply for a stay) and I said I tried that last April. Afterwards the barrister said that he didn't know whether they would bother applying for an individual stay was it may not be worthwhile. I hope they don't.

Back from Court. To explain a little further Tez, my claim comes to 1478.00 and was struck out due to non payment of allocation fee. The court finally realised yesterday that this was incorrect and reinstated the case for hearing today. I had already applied for judgement. Anyway, met their barrister beforehand and told him I would be asking for a strike out due to non complience. He said that even if they lost there would be an appeal. In we went and he argued the case for a stay very well. When it came to my turn I objected to the stay request and asked for the defence to be struck out due to the fact that they ignored the judges clear directions. He then pleaded the fact that it wasn't cost effectve and manageble to reply to each case individually and therefore his 'template' arugument that he turned up with be comsidered. I said to the judge that they had had plenty of time to sort this out, since April and had failed to respond to me, apart from the odd template letter. The judge agreed this was wrong but also said he was in a difficult situation as High Court Judge in Leeds had agreed that the right move was to stay all cases and that it was hard for a county court judge to go against that. Their lawyer asked again for a stay and I pointed out that it was unlawful to do this on the day and that he should have applied beforehand. I think this annoyed them both! Finally the judge summed up and struck out their defence but ajourned the judgement for 28 days incase Barclays wanted to apply for a stay in the proper manner. If they don't then I will receive judgement without further order. It feels like a draw to be honest.

Hi Slick The directions ask Barclays for skeleton argument, whether they accept the charge to be a penalty and copies of decided cases. I have complied fully with my directions. It clearly says at the bottom that if the defendant fails to comply with this order, the defence is struck out without further order and the claimant may request judgement. I will take 3 copies of this as you suggest. Cheers Harv

In court this afternoon at Oxford County Court, so far heard nothing from Barclays and they have failed to comply with the directions. I'm expecting Judgement to be awarded against them. Is there a form I need to fill in or do I just request this to the judge when we start?