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    • hi Andy how is that reading now. Can I post this on Mondays or does it have to be there on Monday just got home and my printer is now broken hear date 11/09/21.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA requestasking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed ……………….   Dated on the day ……………….   Thanks G
    • or   if thats from your useless solicitor ignore him. simply contact the sheriffs office yourself!! cost <£100.   Instruct us – The Sheriffs Office WWW.THESHERIFFSOFFICE.COM    
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Money4Nothing V Barclays **WON**


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Hi All,

 

Summary of action M4N vs Barclays

 

7th June - Sent Data Protection Act Subject Access Request

20th June - Received copies of statements, no mention of manual intervention - £10 cheque returned

27th June - Sent first request for payment - sum £1375

5th July - Received standard 'Sorry you are not happy - will get back to you before 27th July' letter

19th July - Received standard 'goodwill' letter from Senior Case Manager, Laurence White - offering £670

24th July - Wrote a letter declining their offer of £670 as settlement, and gave 14 days before action.

8th August - Filed claim with MCOL - total including charges and interest comes to £1809.

11th August - Notice of Issue from Northampton Court, deemed to be served on 14th August.

14th August - Barclays Acknowledged my claim.

12th September 7:30am - Barclays failed to enter a defence in the 28 days since being served, I requested a judgement by default.

12th September 12:30pm - Barclays managed to get a defence to MCOL before a default judgement (the swines!)

13th September - MCOL says that Judgement has been rejected. Received Notice of Transfer to local court (Teesside County Court), and Barclays 'standard' Defence along with AQ to return on or before 1st October.

25th September - Filled in Allocation Questionaire, and posted to local court, along with cheque for £100

27th September - Checked with court that they had received my AQ...should hear from them in the next week or so with a hearing date.

7th October - Received General Form of Judgement or Order from the courts, they want me to send schedule of charges and explanation of why I think they are disproportionate by 4pm 25th October.

16th October - After a week in bed with manflu I came back to work - and sorted out the required schedule (which I brought up to date with interest and costs) along with particulars of claim from the templates library. To be posted by recorded delivery on 17th October.

2nd November - Called Middlesbrough County Court, case handler advised me that Judge has allocated 2 hours to the case, and it will be small claims. Don't have a date yet - but should hear something very soon.

10th November - Received Notice of Allocation to the Small Claims Track, allocated 2 hours. Have directions to get my documents together. No court date yet :/

11th November - Received another letter from the courts setting a date of 15th February 2007. Its ages away, but I'm getting my bundle done this week...

15th November - Handed in Banks bundle to local branch - they should get it in London on Fri 17th Nov

16th November - Received another letter from the courts, moving my case forward to 8th December at 10:30am, due to my Mum being poorly. Courts bundle being handed in today by a friend.

20th November - Called Barclays Litigation dept. A nice chap called Alex, confirmed receipt of my court bundle. Sounds like I'll be hearing from them soon. Also called Courts, they just called me back and advised that they have found my court bundle and its now in my file, so it's all good.

22nd November - Called Alex again, advised him that only 3 weeks left, and some people with later court dates are being settled before me. He told me that he's going to look at my case and contact me tomorrow on my mobile. Again, he told me that they were going to settle...just a short wait now.

23rd November - Alex called and left a message on my mobile confirming that they are settling, full amount - should receive it in the post in the morning.

24th November - Received settlement letter this morning - full amount including costs and interest upto October 16th, total £1930.80. Spoke to Alex, thanked him for letter and agreed about scratching the confidentiality.

 

There we have it!

 

M4N

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  • 2 weeks later...

Well today is MCOL day!

I'm going to pop home and see if there is any post before I go ahead and do it this afternoon...but I'm assuming if there is any post it will just be the standard 'sorry you're still not happy - see you in court'...

At least I can now stick the £500+ interest onto my claim amount! =)

 

m4n

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Done my MCOL claim today before I left work...suprised at how much the interest and court fees bump up the amount oweing...

Went from £1375 to £1809...well they could have saved themselves a few quid if they'd paid up earlier...!!

Might send a letter to Mr White tomorrow telling him that I've started my claim, and enclose my email address for future correspondence.

I'll keep my thread updated as and when things happen...

 

m4n

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Made a mistake on the claim - I'd typed my account number in incorrectly...

I sent them an email as soon as I discovered the mistake last thing last night - and received an email this morning saying that they can't alter a claim that hasn't been issued - and that I have to withdraw and re-submit the claim.

Bummer - I only had enough in the bank to make this claim yesterday, and now I have to wait until I get the cheque back from MCOL - and then wait for it to clear...

That'll teach me to rush through the MCOL process I guess...the bank are gonna get a few days grace.

I PM'd a mod my claim details - can they be removed until I make my claim again (probably next week)...

Ta

 

m4n :(

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Borrowed £40 off my girlfriend and paid into the bank at lunchtime, so I had enough in the bank to make my claim...

This time I wasn't rushing it - and I think it's all good.

Will PM mod again with new details, and they can update or replace the old claim details.

 

Claim Date: 8/8/06

Amount Claimed: £1809.93 inc costs and interest.

 

m4n

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I did the same Money, for some reason i put the defendant's address as my own??? I must have been having a blonde day :D

So i had to withdraw my claim and start again

 

I received the cheque refund from MCOL about a week later, best of luck :)

On me way to court woooohoooooooo :D :D :D

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Hi VB, I read your thread with interest, and recalled the blonde thing when I made my mistake...

I wonder why they don't have it set up so that you can review all the details before you submit the claim...

I didn't realise until I had a look at the pdf file a couple of hours later.

Still don't know why you can't alter a claim if it hasn't been submitted :/

Still nevermind - all sorted now, and claim is in place... :)

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Received Acknowledgement of Service on 14th August...

James MacDonald (Pupil Barrister) will be defending, and it has Keith Jeremiah's email address...

I thought they were leaving the acknowledgements to the last possible minute?

28 days to enter their defence then...tick tock.

 

m4n

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I think they have 28 days from service to defend.....they did leave the defence till the last minute in my case, and I think it is the same pupil barrister (or maybe they've had to take on a lot!)

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Thanks Squishy...

Anyone know if KJ is answering his emails again?

Is there any point in sending him an email - as a gesture that I've tried to settle this before court...or am I wasting my time with Barclays until I get a court date?

Thanks

 

m4n

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I read on another thread that someone felt KJ saw emails as a sign of weakness and advised that you should stick to written correspondance. But I know some who have settled as a result of an email. Don't forget you've tried to settle before court by following the procedure. I was like you, unsure, but decided that they won't do anything until court date is set.

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  • 3 weeks later...

Well todays the last day that Barclays have to enter a defence...

Are Barclays still entering their default defence?

I read Nightstar's thread with interest - has anyone else had them not enter a defence, and win by default...or was it just because KJ was on holiday?

I'll let you know tomorrow how it goes.

 

m4n

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I sent this email to MCOL helpdesk this morning:

Hi there...

Could you please check my claim above - and tell me when the defendant has to enter a defence...

By my calculations the defendant has 28 days from when the notice was served, so 28 days from 14th August.

Which I've worked out to be today 11th September...could you please clarify for me?

Regards

 

 

Me

 

Just got this reply:

 

Dear M4N

The defendant has until 4pm today to respond to the claim.

 

If no response is received, you can request for Judgment on the 12th September 2006.

 

Regards

Shalama Khanom

Money Claim Online

Northampton

 

Just checked mcol site again (I've been checking all day!)

And still nothing, so I assume that I can enter a request for Judgement tomorrow! \o/

That is a good thing isn't it?

 

m4n

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Hi Money4nothing

 

Just to warn you, I was in the exact same position with Barclays/Woolwich but although Barclays had entered a defence in the afternoon of the last day, it did not show on MCOL until the following morning. Not saying that will happen in your case, but it certainly happened in mine and even though I filed for Judgment and the request was accepted by MCOL it was later rejected.

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Thanks for the reply AustenPowers =)

I'll just hold my breath till the morning then...and confirm whether or not they have entered a defence at the last minute.

I'm hoping not - as it's obviously a much quicker result.

Does anyone know if the banks 'forget' to enter a defence very often, and if so do the courts let them have another chance etc?

Thanks again AP

 

m4n

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Hi M4N,

Have you tried to press for a judgement now? It's definatly worth a try, if not do it before 9am tommorow morning, as it will go before the Judge tommorow.:D

Good Luck

 

Yeah, I've tried a couple of times - just before I logged in as well to see if anything had changed...

As per the email from mcol - they said I can go for a judgement on the 12th, so I'll just stay up late, and do it early in the morning: well before I go to bed tonight if I don't get too pi$$3d =) lol

Thanks a lot for your reply Nightstar, and congrats again on your case.

 

m4n

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Morning...

MCOL allowed me to enter a default judgement...

 

Your request for Judgment by Default has been accepted.

You can go directly to the Claim Menu to view information for all of your online claims by clicking the Claim Menu button.

Once you submit your request for the issue of a claim/ judgment/ warrant to Her Majesty's Courts Service, the cost of processing the request will be incurred. If you should, for any reason, wish to withdraw your request then you must call the Customer Help Desk. All claims received are processed at 10am on the next working day. You must advise us of your wish to withdraw the request before 9am. The court will seek to stop the issue of the claim/judgment/ warrant but can not guarantee this as the system may have already processed your request.

Any refund of fees is entirely at the discretion of the Court Manager however all submitted requests are subject to checking and verification after submission and prior to processing and printing. It is therefore unlikely any monies can be refunded.

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