Barclaycard - County Court Claim**WON**

[Jeff2000]

Hi,

 

 

I'm away on holiday next week, so I just hope I don't receive anything in the post that requires a quick response.

 

Otherwise I have all the time in the world!

 

 

Jeff.

[Heather58]

I'm off from work also next week, but staying at home.

 

If anything drops through my letterbox I'll send you a message as we seem to get the same post these days.

 

Have a nice time

 

Regards

 

Heather

[Jeff2000]

Hi Heather,

 

 

Many thanks!

 

I think I do have internet access while I'm away, so I'll keep looking in from time to time.

 

 

Jeff.

[Heather58]

Hi PT,

 

My partner has received the following today can you advise what our nest step is please.

[pt2537]

Hi heather, i cant read them as they are too small

 

 

can you upload them into photobucket or something like it?

 

Image hosting, free photo sharing & video sharing at Photobucket

 

regards

 

paul

[Heather58]

I thought they might be too small.

 

Will re-upload this evening when I get home from work.

 

Regards

[Heather58]

Uploading again, hope this works.

[pt2537]

Nah, still too small cant read em,

 

use Image hosting, free photo sharing & video sharing at Photobucket to upload em into, then post a link to them

[Heather58]

I know these are still too small, trying to sort.

[Heather58]

Try this, I don't know even if this will work!!

 

courtpapers2.jpg - Image - Photobucket - Video and Image Hosting

 

courtpapers1.jpg - Image - Photobucket - Video and Image Hosting

 

courtpapers.jpg - Image - Photobucket - Video and Image Hosting

[Jeff2000]

Try this, I don't know even if this will work!!

 

courtpapers2.jpg - Image - Photobucket - Video and Image Hosting

 

courtpapers1.jpg - Image - Photobucket - Video and Image Hosting

 

courtpapers.jpg - Image - Photobucket - Video and Image Hosting

 

 

 

 

 

Hi Heather,

 

 

I am not due back from my holidays until tonight.

 

I woukd imagine that I will have something similar in the post!

 

I will keep you informed!

 

 

Regards, Jeff.

[Heather58]

PT, could you take a look at the documents uploaded and let me know what I need to do next.

 

Many Thanks

[pt2537]

Hi Heather,

 

ok, those directions are pretty standard from what i can see

 

the first thing that you have to do, is what is called standard disclosure. this is where you disclose to the other side the documents which you are reliant upon and they have to do the same.

 

normally, in most of the cases i have been involved with, it is done by disclosure by list such as here http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended-6.html#post1347693

 

it may be worth a quick call to the court to check if that is what is required;)

 

the other side must do the same too

 

the next thing to do after that deadline is to ask to view any documents which they may disclose to you and then its move on to the witness statements etc

 

but there is time yet for that

[Jeff2000]

Hi Heather,

 

 

I have indeed received an order from the Court. It is more or less the same as yours except for the dates. These seem to be between 2 weeks and 1 month ahead of your dates. So it looks like my hearing will be before yours!

 

 

Regards, Jeff.

[Heather58]

Can someone please explain what I am supposed to do now with regard to the disclosure. What documents am I supposed to send etc.

 

Any help appreciated.

[pt2537]

Can someone please explain what I am supposed to do now with regard to the disclosure. What documents am I supposed to send etc.

 

Any help appreciated.

see post 129

 

you dont need to send them, nowt in the way of actual documents.

 

disclosure by list is exactly that , you send them a list of docs that you are going to rely upon or refer to in your case, then if they wish to view a copy they will ask for it

[Heather58]

PT, some help please if you have a mo.

 

Just doing my partners disclousre by list, needs to go off tomorrow - do I list documentation from the date my partner got in trouble paying and sent various correspondence to barclaycard & merers, or should I list documents from when we received the county court claim.

[Jeff2000]

PT, some help please if you have a mo.

 

Just doing my partners disclosure by list, needs to go off tomorrow - do I list documentation from the date my partner got in trouble paying and sent various correspondence to barclaycard & mercers, or should I list documents from when we received the county court claim.

 

 

 

Hi Heather,

 

 

If in doubt, list them.

 

Better safe than sorry! Although, you should be able to include further docs at a later date, with the permission of the Court!

 

 

Regards, Jeff.

[Heather58]

To bring you guys up to date:-

 

Partner received Notice of Allocation to Fast Track on 10th May 2008

Disclosure of Documents sent to Court & Optima by 18th June, as was requested.

 

No documents received from Barclaycard or their Sols Optima.

Had until 2nd July to inspect any originals - no requests came from Barclaycard or Optima, we couldn't request to inspect as received nothing.

 

Wrote to Court on 25th June informing them that Claimant has not sent any documents and in light of this, apply to the Court for an order that the claim be struck out.

 

Not heard anything from anyone until yesterday, my partner received a General Form of Judgment or Order from the Court which states:-

 

Upon reading the letters from the Solicitor for the claimant and the Defendant

 

IT IS ORDERED THAT

 

1. Time for the Claimant to serve the Disclosure Statement is extended to 4pm on 8th July 2008.

 

2. If the Claimant defaults, the Defendant may apply, on notice, for such order he seeks.

 

Can anybody help and explain what this means and what my partner needs to do next as the 8th July has passed and we have not received anything from Barclaycard or Optima.

[Michael Browne]

I assume that when you wrote to the court on June 25th, this was just an informal letter?

 

Effectively what the order says is that if the claimant has not disclosed by July 8th, you can apply for the case to be struck out, but 'on notice' means that you will have to make an application on N244

[Heather58]

Yes, it was just an informal letter.

[Jeff2000]

Hello Heather,

 

 

It seems once again we are in the same boat with Barclays and Optima.

 

Disclosure by list was to be by 30th May! Just like you I received nothing.

Just like you, they never requested to inspect any of my docs!

 

Witness statements were supposed to be submitted 11th May, guess what, nothing.

 

I have been away for a few days but have an application (N244) ready to take to court asking them to comply with the previous order or strike out the claim!

 

I suggest you may do something similar!

 

 

Best wishes, Jeff.

[Heather58]

URGENT ADVICE NEEDED

 

My partner has today received a 'Without Prejudice' letter from Barclays Legal & Compliance (no idea who they are as this is first correspondence from them) to say that our Defence lacks legal merit and basically we are not going to win in Court.

 

They have siad that this matter is capable of settlement and not cost effective to go to a final hearing and they are willing to accept £XXXX payable by reasonable instalments to settle the balance that is outstanding.

 

They also want a Tomlin order and we are not to disclose the letter to the Court without their consent as if we do they will request a different judge to deal with the hearing and we will have to pay the costs.

 

Blackmail or what!!!!!

 

What should we do as we only have 7 days to agree to the terms of the offer.

 

My thoughts are to ring the Court tomorrow and see if they submitted their Disclosure Statement of which they had an extension until 8th July, if not submit an order to have case struck out.

 

Obviously the Court isn't going to get a copy of this letter, are they?

 

Any help appreciated.

[pt2537]

URGENT ADVICE NEEDED

 

My partner has today received a 'Without Prejudice' letter from Barclays Legal & Compliance (no idea who they are as this is first correspondence from them) to say that our Defence lacks legal merit and basically we are not going to win in Court. OH Really, whys that, oh dont tell me theyve found the Rankine v. Amex case and they now believe that the case in the High Court trumps the Court of Appeal and House of Lords

 

What a load of Flaming Ball Hooks

They have siad that this matter is capable of settlement and not cost effective to go to a final hearing and they are willing to accept £XXXX payable by reasonable instalments to settle the balance that is outstanding. Of course, that is because they know their case lacks any legal merit and their case frankly SUCKS!!!!

 

They also want a Tomlin order and we are not to disclose the letter to the Court without their consent as if we do they will request a different judge to deal with the hearing and we will have to pay the costs.

 

Blackmail or what!!!!!

 

What should we do as we only have 7 days to agree to the terms of the offer.

 

My thoughts are to ring the Court tomorrow and see if they submitted their Disclosure Statement of which they had an extension until 8th July, if not submit an order to have case struck out.

 

Obviously the Court isn't going to get a copy of this letter, are they?

 

Any help appreciated.

 

Hi Heather

 

dont tell me, that letter came either from Richard or a chap called Adrian Ruffhead

 

what a load of rubbish, they are clearly trying it on, there is another thread where they have done exactley the same thing and infact they did the same thing to Davefirewalker as he challenged them to write off his balance and repay the monies that he had paid and they turned round first off and said exactley what they said to you, when he told them they were talking rubbish and he was going to take them to court they changed tact and told him that they wanted to close his card and cancel the balance

 

so that really shows the facts doesnt it

 

 

 

if you bear with me i do have a letter on file that i suggest you may wish to send to the mcmuffin

[pt2537]

Heather,

have we had the credit agreement ? i have had a quick look through the thread and i cant see it anywhere, if you do have a copy can we have another look at it, just to make sure that the letter i have is correct for your case