Barclaycard - County Court Claim**WON**

[MAVERICKMAN]

I'm an interested subscriber.

[onthebrink]

Excellent thread. I'll watch with interest

[Heather58]

Just thought I'd check in and let you know current status.

 

Filed defence to court on 26th February. Court sent us a letter confirming receipt and that they had sent a copy to the Claimant (Barclaycard).

 

Had no contact from Barclaycard whatsoever.

 

I believe their 28 days is up at the end of next week.

 

Should we phone the courts to see if they have received anything yet or will they get in touch with us?

[slick132]

Hi Heather,

 

As you've filed a Defence, the next step would normally be for the court to send out AQ's (Allocation Questionairres) which both parties must complete.

 

You could call the Court to ask what's happening but DON'T call BC for any reason.

 

The case may be awaiting a judges consideration as to the next step (ie, AQ's) but it could, possibly, have been mistaken for a bank charges claim which would be Stayed (put on hold).

[Heather58]

I wouldn't be calling Barclaycard.

 

On the letter from Court, they said that they would send copy of our defence to Barclaycard and that Barclaycard may contact us to try and negotiate. They haven't to date.

 

I may give court a call next week after Easter hols.

[pt2537]

Hi Heather,

 

Slick has outlined things perfectly,

 

the court will serve upon BC a copy of your defence, then it will be upto them to instruct the court within 28 days if they wish to proceed, if they do not then the case will be automatically stayed and they will have to pay again to restart the action which is always a good thing

 

you are best to ring the court and ask what the status of the case is

 

regards

paul

[Heather58]

Many thanks to you both, I will contact Court after Easter Hols.

[pt2537]

So what did the court say heather?

[citizenB]

subscribing x

[Jeff2000]

Hello Heather,

 

 

Subbing!

 

This case is very similar to mine indeed. So good luck!

 

I'm also interested to know if you have contacted the Court yet!

 

 

Regards, Jeff.

[Heather58]

No my partner hasn't contacted the court yet as he hasn't been able to find the time what with work commitments. I did try to phone them on his behalf but they wouldn't speak to me.

 

He is hopefully going to call them Mon/Tuesday. Will keep you posted.

[Heather58]

My partner finally managed to speak to Northampton Court today regarding his case and they have told him that the case has been stayed and that it is going to be forwarded to our Local Court.

 

What does this mean and what will happen next?

[pt2537]

Right well, basically Barclays or their Reps havent contacted the court to inform them they wish to proceed within 28 days of reciept of your defence.

 

 

so the case is now stayed and they now have to make an application to the court to ask for the stay to be lifted if they wish to proceed and htey have to pay another £200 quid from memory

[Jeff2000]

My partner finally managed to speak to Northampton Court today regarding his case and they have told him that the case has been stayed and that it is going to be forwarded to our Local Court.

 

What does this mean and what will happen next?

 

 

Hi Heather,

 

 

This is basically what they told me!

 

Same boat springs to mind!

 

 

Jeff.

[Blossomandebony]

so the case is now stayed and they now have to make an application to the court to ask for the stay to be lifted if they wish to proceed and htey have to pay another £200 quid from memory

__________________

 

PT, do you know if there is a 'time limit' on the above stay, (i.e. how long can the case remain stayed, with B/Card still allowed to restart it?). I ask because I have the same scenario with CL Finance. It will also be useful for Heather to know this. If there was no time limit on the stay, would the claiming company have until the 6 years statute barred limit to restart the case?

 

Cheers, BAE

[Heather58]

Why would they transfer it to our Local Court and when it reaches there, what happens then?

[pt2537]

Why would they transfer it to our Local Court and when it reaches there, what happens then?

absolutely nowt, until Barclays decide to restart the claim

[Jeff2000]

Why would they transfer it to our Local Court and when it reaches there, what happens then?

 

 

Hi Heather,

 

 

I think this is just standard procedure.

 

Cases are usually automatically transferred to the defendant's home Court if the amount is specified and the defendant is an individual.

 

It will be your local Court, therfore, that will now contact you if their is a further development.

 

 

Jeff.

[Jeff2000]

Hi Heather,

 

 

I have now received the allocation questionnaire relating to my case!

 

Have you heard anything?

 

 

Jeff.

[Heather58]

No we haven't heard a thing.

 

Mind you I haven't had todays post yet as I leave for work prior to the Postie coming.

 

When I get home I will check mail and let you know if got anything.

[Heather58]

Jeff,

 

Got home last night and my partner had also been sent an Allocation Questionnaire.

 

Think gonna need some help filling it in.

[Jeff2000]

Jeff,

 

 

Think gonna need some help filling it in.

 

 

Hi Heather,

 

 

Yeah, me too!

 

Check out my thread, pt2537 is very good with this sort of thing.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard.html

 

 

Jeff.

[Heather58]

PT, when you have a mo I need some help filling out N150 form which my partner was sent yesterday. It needs to be back at our local court by 25th April 2008. Any help would be very much appreciated.

[Michael Browne]

See here for N150 advice:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90321

[Heather58]

Hi PT, when you come back onlin ecan you give me sme help in filling in allocation questionnaire for my partner. Needs to be back at our local court by 25th April.

 

Many Thanks