Barclaycard - County Court Claim**WON**

[pt2537]

Dont panic, as previously stated the document sucks big time, have you heard anymore from them at all?

Edited August 4, 2008 by pt2537

[Heather58]

No PT, not heard from anyone by phone or post.

[Heather58]

bump

[tendogs]

subbing

[Heather58]

My partner received a letter back from the Court yesterday saying that our letter requesting the case be struck out due to Barclaycard been late with their paperwork had been put before the District Judge and basically it had been declined.

 

Onwards and upwards as they say.

[Jeff2000]

My partner received a letter back from the Court yesterday saying that our letter requesting the case be struck out due to Barclaycard been late with their paperwork had been put before the District Judge and basically it had been declined.

 

Onwards and upwards as they say.

 

 

 

Hi Heather,

 

 

Don't worry about it too much.

 

I still haven't received a single piece of the info requested from Barclays, and the hearing is just over 3 weeks time!!

 

 

Regards, Jeff.

[russ2101]

well i've heard nothing for ages then out of the blue i have a letter from the court, got a date 18th September cant wait.

just wondering what i'd need for the hearing, i've got a bundle of letters that i've sent to them over the last 3 years explaining the situation, thing is without going into great depths when i first got into money problems with northern rock i was off work ill with anxiety and depression, i asked for all the contact from them to be by mail and all they did was harrass me by phone. they have only just taken my number off the system and stopped phoning, i've started a complaint with the FOS and have threatened them with a harrassment case because of the phone calls fror 3 years.

recently my work have retired me on ill health so i am not working, the debt is only in my name but our mortgage is in both names, we have 2 kids one of which is a new born baby.

 

now i hope that due to our circumstances the court will see the rock for the tossers they are.

[russ2101]

oops, after reading the letter again its actually an Allocation hearing, must have been all the excitement of seeing it was from court.

[pt2537]

Hi Heather

 

Sorry ive not been around much , spent a lot of time in court recently, so its kinda slowed me down alot and i have not been able to dedicate much time to the CAG

 

However, have a look here http://www.consumeractiongroup.co.uk/forum/legal-issues/153207-delfi101-optima-mercers-barclays-2.html#post1674426 as i have been helping Delfi behind the scenes with some stuff that couldnt be posted on forum for confidentiality reasons

 

we beat Barclays yesterday with a consent order, so you may be able to get the same result,

 

If you PM delfi he may send you a copy of the letter that was sent to Barclays

 

Regards

 

Paul

[Heather58]

Thanks PT for replying - I have only just seen your thread as I haven't logged in for a while, didn't see the point as nobody phoned or written to my partner.

 

I will PM Delfi and see if he can help me out with the letter you mention - I hate sitting round doing nothing.

 

Thanks again for getting back to me and hope your workload is going down.

[pt2537]

Thanks PT for replying - I have only just seen your thread as I haven't logged in for a while, didn't see the point as nobody phoned or written to my partner.

 

I will PM Delfi and see if he can help me out with the letter you mention - I hate sitting round doing nothing.

 

Thanks again for getting back to me and hope your workload is going down.

Hi heather

 

I would give him a shout as we had a excellent result with his case, i drafted the out line letter for him and it did the trick perfectly

 

 

Good luck and keep us posted

[Heather58]

My partner has received pre-trial checklist from Court yesterday, has to be completed and returned by 10th September.

 

Assume this is straightforward?

[Jeff2000]

My partner has received pre-trial checklist from Court yesterday, has to be completed and returned by 10th September.

 

Assume this is straightforward?

 

 

 

 

Hi Heather,

 

 

Yeah, I had one of them to fill in. Pretty much straight forward.

 

 

Jeff.

[Heather58]

HI Guys, just thought I'd update.

 

Handed in pre-trail checklist to Court on 9th September (had to be in for 10th September)

 

What do we do now, do we just sit and wait?

[pt2537]

Have you contacted Delfi101 and asked him for a copy of the letter i drafted for him ?

 

It seemed to bring that case to an end fairly quickly and im quite confident that it would do the same here;)

[Heather58]

Yes Delfi kindly supplied me a copy of the letter, but didn't know whether I could send it as it mentioned witness statements and I've not sent any of those.

 

Should I send it regardless?

[pt2537]

Heather,

 

You can amend it to suit your cause

 

you do not need to use the letter verbatim but it is a good foundation to start with

[russ2101]

ha ha, i've got an allocation hearing on thursday, defendents solicitors sent me a list of points for me to agree on and they want me to pay their cost up for them attending the meeting.

go forth and multiply sprung to mind!!

 

just wondering if anyone had any ideas, i'm going to take the letter and show the judge, plus i'm going to say its causing undue stress.

cheers Russ

[foolishgirl]

[quote=russ2101;1715469

i'm going to take the letter and show the judge, plus i'm going to say its causing undue stress.

 

Think you could claim it was intimidation - a coercising attempt to get you to drop your defence/ not attend. Def. out of order. IMO def. show judge the letter!

 

Good luck for Thursday...

[russ2101]

thanks foolishgirl for the advice.

 

as i hadnt been before didnt know what to expect, banks solicitor took me into a room to have a chat about what happens in the hearing, i didnt let him i actually knew more about it than what i was letting on.

he tried his hardest to get me to drop my defence by different means, firstly telling me the judge could look at the defence and throw it out, he said their costs by the end of it all could be in the thousands and if i lost i would have to pay them, then he sat their and laughed about my lack of legal knowledge.

to which he got a shock, i went mad with him, i told him the letters that thye had sent were clearly a coersing attempt to get me to drop my defence, i then explained why i had got into this state and the bank hadnt helped it had only made it worse by harassing me with phone calls while i was ill with anxiety and depression.

to which he didnt say much, he did ask what my defence was going to be!! to which i told him to mind his own, and he'd find out soon enough in the hearing, as you can guess he wasnt to happy and said this was not normal practice, luckly we had to go in then.

 

judge was nice set out all the orders and put the pompus fat git in his place, all cost are to be included in the case, plus he obviously thought i had a defence as he said he'd read through all the paperwork before coming in.

so got some time now to sort my defence, round 1 over anyway.

[foolishgirl]

Excellent russ! Round 1 to you but the war's only just started. Get your knives sharpened....

[citizenB]

Well done Russ

[tinkerbell20]

Well done:)

[cashins]

That will do nicely!!

[Jeff2000]

Yep! 1-0 to you, me thinks!