Thanks Slick, As always u are a gem. Thanks Sam

Hi Slick, Thanks and it is good to be back. I thought it was the case, but just checked the paperwork and the District Judge stayed the case without even having received my AQ!! Oh well. Actually I have just posted on my Bcard thread as what they have done is just wong from start to now really. Any tips would be great. Well I am going for a bit of r&r. Good to see you and hope you are also well. Sam

Hi all, Well it has been a while as I had major back surgery 4 weeks ago and am on the road to recovery. In my previous post I mentioned that I had I filed a claim against Barclaycard x 2 (one claim) on the 17th August 2007. It was deemed served on the 19th August. They had until the 3rd September to acknowledge and the 14th September to file a defence. I rang the court on the 5th and they had not heard received an acknowledgement from Barclays. Rather than file for judgement I decided to leave it for a while. By the 18th September I still had not heard anything, no acknowledgement and or defence. I rang the court and explained the situation. They checked the file and even checked the mounting pile of papers going back 5 days to see if anything was in there and there was nothing. I filed for Judgement that day using the Notice of Issue form and sent it in. Again Barclays get away with it again and the next thing I receive a copy of the acknowledgement dated the 17/09/2007, A copy of Barclays defence not dated but fax date was the 17/09/2007, An AQ to be completed and returned by the 19th October. I sent the AQ in recorded delivery on the 11th October. How can they do this and get away with it???? Today I receive correspondence from the court a. Letter stating that my Judgement request has been returned as an order has been drawn for this case and that my AQ is not required to be completed as my case has been stayed. b. Returned Judgement c. General Form of Judgement or order from the District Judge (Willers), stating: 1. The claim be stayed pending the outcome of the test case in the High Court 2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined. Did they read the AQ? I doubt it very much as the correspondence was dated 5th October! I am aware that Credit Card Claims cannot be stayed and that this has happened to others in CAG. However, Barclays did not apply for he stay, the District Judge enforced it. I did see a Barclaycard thread where this had happened but I cannot remember who it was? I do recall that they contacted Barclays who in turn stated that the charged would be repaid etc etc. I rang the court and informed them and was told to write to the District Judge. Can anyone help me with the thread I mentioned, possible text to write to the District Judge and or best course of action. Many thanks and sorry for the extra long thread!! Sam

Hi all, Well it has been a while, not that much has happened with my claim to be honest, but the good news is that my surgery went very well and I am making a very good recovery even though it is early days. Well as far as they claim is concerned nout exciting I am afraid! I sent my allocation questionnaire in and shortly after I received from the District Judge (Willers) an order stating that: 1. The claim be stayed pending the outcome of the test case in the High Court 2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined. (Like Barclays will!!bet they are over the moon, didn’t even have to apply for the stay!!!) Did they read the AQ? I doubt it very much as the response was too quick and I even got the very same letter for Barclaycard claim, go figure! Is this happening as a general rule now or is this just Hitchin court and or the District Judge??? I have read through a few threads to see if this is happening elsewhere but couldn't see that is was. Many thanks Sam

Hi all, Well my AQ went in on time on he 7th September and I am just waiting to hear back from the Court as to what I will be required to submit. I am just getting everything ready in antisipation of sending in docs as per the draft directions and am unsure as to which court bundle to use. By that I mean the basic or advanced court bundles. I have all the correspondance, SOC's, statements, statements of evidence & the basic court bundle ready, but would like to know which court bundle is the best to use currently so that I have all the docs stored on my laptop ready for printing/sending once I return home after having my back surgery on the weekend. I have downloaded the Advanced court bundle and have that ready also but would like to be able to be clear as to which one is the best to use. I know that I maybe requested to send in something else but at this stage I would rather have everything done ready. Many thanks Sam

Hi alp, Thats just crazy!!! Certainly wont be ringing anyone apart from the Courts!!! As of yesterday they should have submitted a defence and at 4pm still nout. Going to ring back on Monday just to double check and if there is still nothing then they are going to be hit with a default judgement. The same as you may happen but who knows, we will have to wait and see. Actually I will as I am having major back surgery on Tuesday so I won't be doing anything related with Barclays for a wee while. Thanks for the heads up alp and keep me posted as to the outcome of your claim. Take care Sam

Thanks Saintly, Very much appreciated Sam

Anyone have any thought re post #87?

Thanks Adam, I can access the page but not the Mullen -v- Hackney BC (1997)2 A11ER 906 attachment which is a pdf file hackneyvmullenpdf.pdf . When you click on the link it comes up with an invalid message and that you have to contact the administrator. Have everything just need the above pdf. If anyone by chase has a copy, could you pm me. Thanks Sam Have contacted the administrator to see if they can help

Thanks Saintly, Thats the link I had but when I click on the link it opens the new page but then displays the following message in a box: Invalid Attachment specified. If you followed a valid link, please notify the administrator Many thanks Sam

Hi all, I filed a claim against Barclaycard (Barclays) on the 17th August 2007. It was deemed served on the 19th August They had until the 3rd September to reply . Today is the 5th and have just rang the court and they have not heard diddly squit from Barclays. They even checked the mounting pile of papers to see if anything was in there and there was nout. Is it worth me requesting judgement on the basis that they have not filed an acknowledgement of service or wait till the full 28 days from the date of service (14th Sept) to file for Judgement? Any advice and help would be vey much appreciated. Thanks Sam

Bump

Hi, Can anyone tell me where to find the Mullen v Hackney BC (1997) 2 A11ER 906 pdf so I can attach it to my AQ as per GaryH Thread 9AQ Strike out Application? http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html Many thanks Sam:p

Sorry forgot to ask as to whether I should add this to my text in Section H (AQ150) or seperately and just list it with the other attachments? Thanks Sam

Any thoughts as to whether I should add the text below from im4347 Vs Barclays or should I add the actual application for the removal of a stay based on the fact that they will apply for one? Could work either way I know which is why I am thinking t is better to use the text below. "The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire. The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters. It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent. Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside." Many thanks Sam

Thanks Slick and no worries. I will have a look at the one Dar£n advised, with a few new paragraphs. Ideally I want to get it dent in early next week as closing date is the 7th Sept, but I also want to make sure I have the right one, inc any new text too. Thanks again and will see if there is any other advice forthcoming. Sam

Hi Lemony, Ignore what someone else has put as it is not about contractual interest. Just put what Paintball wrote word for word. Charges £xxxx Interest £xxxx Court Fee £xxxx Plus compounded Contractual interest from date of issue to date of judgement/settlement at £0.xx per day OR at such rate and for such periods as the court deems just. Sam

Hi Lemony, Sorry was on hold to SKY! Glad you sorted the spreadsheet out. Best not to rush with these things, so as to get it all correct. The Defendants Address at the bottom of the N1 form should b: Capital One Bank (Europe) plc PO Box 5281 Nottingham NG2 3HX Re The N1 Value Section, I claimed the s69 8% interest & not contractual interest. I am sure the wording is more or less the same but CI instead of the s69. Best someone else advises you on that one, as I don't want to confuse you, get it wrong and get told off!! Sam

Hi was going to start Crap one thread but now no need to Claim filed 17th August 2007 Crap One filed Acknowledgement of Service with intention to defend all of the claim on 28th August 2007. Received letter from Crap One today! Full & final settlement on a no admission of liability basis and purely as a matter of goodwill! Hooofookinraaaaaaaaaa £280 + interest @ 8% + court costs Cheque in post and will not discontinue claim in court till it is in the bank and cleared!!! Donation on way. Many thanks for a great site CAG and for all the help and advice. Sam

Hi Lemony, Good luck with your claim. Will let Paintball advise you re missing interest from the last 5 charges as she is clued up on the spreadsheets you are using. I filed my claim on the 17th August, received notification today from the court that they filed an Aacknowledgement of Service on the 28th August with intention to defend the claim. Also received letter today from Crap One saying they are settling in full Make sure you get everything you need to when you file your claim in court and hopefully in a few weeks you too will be throwing an even bigger party!!! Keeping everything crossed for you Sam

Hi Slick, Yes it was the one GaryH wrote re AQ with strike out application. http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html Just wanted to get advice before I went ahead with putting the new strategy for AQ in, which I am more than happy with. Ill watch and learn too Sam

Hi all, Just finished my AQ, but was checking through other threads and came across the AQ strike out application which also incorporates the new strategy. Is it worth me using this or just stick with the New Strategy for AQ's alone? Not sure if there are too many pro's and or cons? My AQ is due back on the 7th Sept (going to pop it in earlier tho) but would like to get it right and go in with the best strategy. Ta Sam

Well done TC, Think you should bottle up some of that luck of yours and shower around the CAG . Sam

Thanks Slick, I agree with u & Welshcakes, I am also going into this with my eyes wide open and expecting it to go all the way. Thanks for the advice Sam:razz:

Letter written (Thanks Welshcakes for the template) and will post later today. Lets wait and see what their response will be!! Thanks again Sam