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

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

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

Thanks DS- as always very helpful! Will do as you suggest. Bicester1

Would it not be an implied term of any contract that a customer would keep their account "in good order?" Bicester1

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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

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?

Hi Well Barclaycard have failed to send me their bundle on time! Should I now make an application to strike out their defence? Bicester1

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

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

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

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

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

Hi Which spreadsheets are you trying to use? Bicester1

Hey parkvale guess what? Got my bank charges back with 8% too this am. Offer by phone from Cobblers! Bicester1

Hope this helps

Thanks Zootscoot Definite donation once I get my cheque. There is an important point I would like to make which I think peeps need to be aware of. It seems that Nat West are now offering to refund charges at an early stage, certainly before issue. Given the correct advice in the FAQS and templates about not claiming s69 before issue I think a lot of people will loose out on interest as I think it would be tricky to go back and ask them for interest once they offer to refund charges in full. IMHO therefore I think that the FAQs and the templates need to be amended to advice people to claim contractual from the word go and then negotiate! What do you think? Bicester1

Hi No copy to court only - they serve it on Barclays. Good luck Bicester1

Hi Think you might be right I guess its about reasonableness and proportionality! Anyway I am feeling benevolent as just had an offer from NW to settle for charges and 8% before we exchanged bundles! Bicester1

Hi Don't be intimidated - stick to the timetable laid down on this site - get you LBA off. The FSA are irrelevant to your proceedings. I also strongly suggest that you claim interest from them in your LBA at their contractual rate. You can't claim statutory until you issue proceedings and Nat West are coming back with an offer to refund charges at LBA stage which means you might loose out on any interest at all. See my posts in this forum. Bicester1

No not at all. You can't claim for statutory interest until you issue court proceedings and then when you do you give the court the option of awarding you either s69 statutory interest at 8% OR contractual at 29.9%. When you issue you calculate interest at a daily rate and ask for that to be awarded from date of issue to judgment. That is why it is better to make a claim on form N1 rather than using MCOL, as I found out! Have alook at my thread on here. I asked for contractual and negotiated statutory before the stage of exchanging court bundles which saved a lot of trees and time! Bicester1

Wendy hi. I strongly suggest that you send a schedule of charges and include a claim for interest at the Nat West contractual rate. Use the spreadsheets in the library. If you have only asked for the charges back you may otherwise get an offer for just that. Interest can add a lot to your claim and you are entitled to it. Once you have asked for contractual you can negotiate! I wouldn't bother phoing them until your LBA has gone in. Bicester1

Hi Even if the Court has dispensed with the AQ you still have to pay a fee which is for the allocation to a track. There is a thread on here somewhere but i can't find it! Bicester1

WON WON WON!!! Sent letter above to Corbett's yesterday. Phone call ten minutes ago accepting in full they want to pay by cheque but will send special delivery within 5 days!!! Accepted subject to receiving by next Friday. Cobbetts LLP Ship Canal House King Street MANCHESTER M2 4WB Your Ref: LYS/RR11362-2558 Our Ref: NW10 Friday, May 04, 2007 BY FAX Dear Ms ******** *************-v- National Westminster Bank plc Claim No: 7QZ********* I refer to our telephone conversation of this morning and my letter of last Wednesday. I note your counter offer to my claim contained there within of the sum of £2346.60 in full and final settlement of my claim, but that payment is to be made by cheque, rather than BACS, as I stipulated in my original offer. That is acceptable, subject to the cheque being received by me no later than 5pm on Friday 11th May 2007. Yours sincerely, Seems they will pay up unless you ask for contractual as I previously posted. So tactic has to be to ask for charges and contractual and then negotiate if you want, or hold out to doors of court if you want contractual. Hi ho hi ho its off to Lloyds we go for ten year old charges and contractual which is £13k in interest and £2k in charges.......... Thanks to all on this site esp NATTIE and Parkvale. Bicester1