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  1. Hi. In a word yes. Barclays failed to submit their bundle on time or file legal arguments as dirrected for my case in Oxford and without any prompting from me the Judge has stuck out their defence! I have received an order from the court saying that I can apply for judgement by default. This was dated 20th July so I have gone for it. Guess I may be caught by the general stay be we will see Bicester1
  2. WON WON WON!!!!! Barclay's defense struck out for failure to exchange and failure to serve and file, legal arguments as directed by the court! Judgment by default and I think it will be difficult for them to apply for it to be set aside as they had every opportunity to comply. Wasted costs application here I come. Bicester1
  3. WON WON WON!!!!! Barclay's defense struck out for failure to exchange and failure to serve and file legal arguments as directed by the court! Judgment by default and i think it will be difficult for them to apply for it to be set aside as they had every opportunity to comply. Wasted costs application here I come! Bicester1
  4. Thanks DS- as always very helpful! Will do as you suggest. Bicester1
  5. Would it not be an implied term of any contract that a customer would keep their account "in good order?" Bicester1
  6. Hi DS Yes but got nothing in writing allthough they told me they would make an offer bot didn't get one before exchange date! They have failed to exchange so now I'm mad! Have a look at my new post http://www.consumeractiongroup.co.uk/forum/barclaycard/90576-failure-exchange-barclaycard-help.html?highlight=Bicester1 and let me know what you think! Bicester1
  7. Hi Barclay's have failed to send me, or the court, as directed, their bundle. I spoke to the court this morning and they have confirmed I can make an application for judgment, for a fee of £65, on the grounds of their non-compliance with the judges directions. Alternatively I can wait for the hearing date, which is on 30th July, another two months interest! My plan was to wait a few days and then make an application to the court for either summary judgment, or to strike out their defense on the grounds of their non-compliance. I shall argue that their failure constitutes a recognisable and persistent pattern of behavior tantamount to abuse of process, if not contempt of court. I will respectfully ask the judge to issue further directions along the lines of the modified aq in that: "I believe that the defendants have no real intention of defending this case and that their defense amounts to little more than a bare denial. Claimant believes they are wasting the courts time and in accordance with the overwhelming objective the court directs, if the defendants aver otherwise, that they then do list: (i.) all cases that they have defended in court (ii.) all cases where they have failed to attend a trial and (iii.) all cases where they have settled within 7 days of a trial date. If defendants fail to comply with these directions within 14 days then the defense will be struck out and judgment will be entered against them." I will argue that they have no real intention to defend and are wasting the courts time. To support this argument it would be helpful if I could provide the court with evidence of cases which fall into categories ii. and iii. above. We all know there aren't any in i lol! Therefore if anyone else has failed to receive their bundles, if Barclay's have settled within 7 days, or not turned up then I would be very grateful if they would pm me with details including court date and claim no. I hope this will put Barclaycard between a rock and a hard place. If they comply, they will provide me with the the evidence I need to hang them, if they don't they fail. Not a win - win situation as the management consultants don't say! What do peeps think? Will the Judge feel I am being presumptuous? I thought it's only about the same as the modified aq. Any suggestions?
  8. Hi Well Barclaycard have failed to send me their bundle on time! Should I now make an application to strike out their defence? Bicester1
  9. It depends on whether or not they regard it as a mistake. It may be a genuine offer in which case take the money and run. If however they realise their mistake I think you have to pay it back. Contracts may be void or voidable for unilateral mistake , but I am not a lawyer. However...one of the classes of quasi contract is: - "Indebiti solutio, or the payment to one of what is not due to him, if made through any mistake in fact, or even in law, entitles him who made the payment to an action against the receiver for repayment, condictio indebiti." Bicester1
  10. Hi Well court bundle done today! Goes in the post tomorrow. I shall certainly now apply for costs! Will let you know how things go Bicester1
  11. Hi Yes. You have an obligation to repay any money paid to you by mistrake in what is known as quasi-contract, otherwise you may lay yourself open to charges of obtaining a pecuniary advantage by deception. Bad luck! Bicester1
  12. Hi Been out of action for a while as I managed to dislocate my shoulder!!!! Now back in the saddle and very cross with Barclay's as I have had nothing from them which means I have to do my court bundle this weekend. We have to exchange documents by Wednesday, however this does mean that I will hold out for contractual and costs as they have been unreasonable! Bicester1
  13. Hi You are right this is all bog standard stuff. It might be worth giving Cobbetts a ring. I phoned when I had got a court date and offered to settle for a refund of charges and 8% interest to avoid having to prepare the court bundle. I told them that if they made me do the bundle and then withdrew at the last minute I would go after them for costs on the grounds of unreasonable behavior and also like Tom Brennan ask for aggravated and exemplary damages. They settled by return and I banked the cheque this morning! It's a question of time v money I guess if you are willing to hold out they will give you contractual eventually!! Best wishes Bicester1
  14. Hi Which spreadsheets are you trying to use? Bicester1
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