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Everything posted by JDAdams

  1. Thansk to you both - they required a copy of the letter dropping the case to pay the claim - and yes, I've kept a copy of their offer letter. I don't intend to reinstate this case, I want to raise a new one - this should be more straightforward as it is a straight contractual arrangement, signed by both parties, to pay a sum of money. Kate Ashton was dealing - I have her email address, haven't tried using it yet though. It's their responsibility to pay me, I'm not running around trying to find different ways to contact them when I've called the number they provided at least 20 times over 2 months, we can go back to court if they want to dick about.
  2. Hi all, Looking for a little help here - Barclays made me an offer to settle out of court in April (the hearing was due in May), and I wrote to the court at the end of April dropping the case and to Barclays advising I accepted their offer. However they have not been in touch since, I've not had my money, and when I call the number on their letter the legal clerk who was dealing with my claim never answers the phone. Am I going to have to take them back to court for the money? If so how do I go about it? Please help!
  3. OK, I finally have a court date - in September. Taken nearly a year to get them to court.
  4. I already PMed him the address Cheque for £319.74 arrived this morning, to add to the previous one for £74. Game over Incidentally since the Reading address is their Registered Office it IS correct for any correspondence - if they fail to respond it only disadvantages them, that may be a major factor in my victory; I didn't contact Salford at all until calling in the bailiffs and they failed to respond to my claim in time.
  5. Yes - the claim was in relation to a Citibank Visa credit card, and the letter sent with the £74 cheque was signed by our good friend Mr Brian Smith of Citi Cards.
  6. Result! Salford CC wrote today advising they have received a cheque for £319.74 and will pass the money along once it clears. This covers the original claim of £209.74 plus £100 in court and bailiff fees and is in addition to the £74 cheque they sent previously, so £393.74 received in total, of which £293.74 is "profit"
  7. Thanks for that - the Reading address is the one given on every statement I have received from them and is their legal registered office, hence I used this. The warrant was successfully reissued to Salford yesterday - I only live down the road in Bury so would pop along with the bailiffs if I knew when they were going. Citibank did send me an ex-gratia payment of £74 today along with a letter saying they would defend charges of £12 if this went to court - apparently they are blissfully unaware they were judged against back in November!
  8. Hi all, Hoping for a little help here - I issued two claims against Barclays late last year, one for my Barclays bank account and one for my Barclaycard. The bank claim is due to be heard in March but I received a letter today stating that the District Judge has ordered that the particulars of claim be struck out. I don't understand this as these were almost identical as for my other claim. I have so far sent: - Letter to Barclaycard 10/09/06 with list of individual charges - Letter to Barclaycard 07/10/06 with list of individual charges - Letter to Barclaycard 11/11/06 with list of individual charges plus contractual interest - Letter to Court 11/11/06 with list of individual charges plus contractual interest - Allocation questionnaire to Court in December The particulars of claim I used (though MCOL) were: "1. The Claimant had an account XXXX XXXX XXXX XXXX with the Defendant, opened November 2000 and closed May 2006. 2. Since 15/01/02 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £295; (b) Interest per S.69 County Courts Act 1984 of 8% - £61.43 continuing at 8% until judgment or settlement at a daily rate of £0.06; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of Supplyof Goods and Services Act 1982. 7. Costs allowed by the Court." This is all that would fit on the form, hence the details sent separately. However the letter states: "1) The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim. 2) The claimant has permission not later than 16.00 hours on the 2nd March 2007 to file at court and serve upon the defendant a replacement particulars of claim which shall set out withthe particularity required at trial to prove the claim the dat and amount of each chage made by the defendant which the claimant says was in breach of contract and/or unlawful together with, in eah case, the basis upon which the claimant says he is entitled to recover the same from the defendant and to the extent that interest is claimed upon each or any of the same showing the clculation of interest from the date of such payment. 3) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order." Now that to me says the Judge hasn't looked at my letter and the details provided, as that seems to be what he's asking for in item 1). However if he has and I submit the same details will the case be thrown out? Is it just a matter of submitting a written PoC with the details included in that instead of an additional letter? If so it seems the Judge is being exceedingly petty - how would I lodge a complaint about him? Finally, what would be the difference between serving a replacement PoC and applying to have the Order set aside (so returning to the original one)?
  9. Nope - the post count is correct, this is th first time I've needed to ask a question Have applied to re-issue the warrant to their Salford address.
  10. ThatLs what the warrant was for-came back us unfulfilled.
  11. Hi all, Looking for a bit of advice - I issued a claim against Citifinancial Europe plc on 30/10, they failed to acknowledge (although they did send a letter back to the court there was no formal acknowledgement nor any defence) and I got a Judgement by Default on 23/11. They failed to pay, so I issued a warrant to their Registered Office (87 Castle Street, Reading) on 04/12, which has now been returned as unfulfilled. Can't see how this can happen as they're a company and obviously have the money? What do I do now? Thanks for any assistance!
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