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Bicester1

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About Bicester1

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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 recognisab
  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 wil
  14. Hi Which spreadsheets are you trying to use? Bicester1
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