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Money4Nothing V Barclays **WON**


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Hi red...

I don't know how lucky it is...

Anyone know what the possibilities are from here - is it straightforward?

What can the bank do now?

I heard stories of them saying that they never received the documentation, however they did acknowledge my claim so I can't see how they could do that.

Thanks

 

M4n

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M4N, as I said yesterday I did all of this and yet they were still allowed to enter a defence. Check later this morning to see if your judgment has been granted before you get too excited. Don't want to be a spoilsport, just don't want you to suffer the disappointment I did. Good luck!

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I called the friendly, helpful people at MCOL - and they said that there was nothing there at the moment from Barclays, unless it arrived in the post this morning...I asked if they were allowed to enter defence after the final due date, and she said yes as long as I hadn't already applied for judgement - which I have (although she said it takes a couple of hours to get onto the system - I think they may still have a slim chance, but why leave it until the day after to enter your defence - and risk losing by default?)

I then asked her what the procedure would be, and told her I was a member of the bank action group...she said the bank would receive a CCJ, and then I had to give them a reasonable time to pay up...she mentioned 2 weeks.

I said that I'd been given advice to immediately issue a warrant - she sounded genuinely interested...and amused! at the prospect of the Head Office having Bailiffs at the door...hehe

So I have to wait until tomorrow to make sure the judgement goes through, and that they haven't managed to wangle a defence in at the last second.

Will let you know the outcome of course...

 

m4n

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Good Luck m4n - let's hope the judgement sticks.

Read through NightStars threads as she has been through this method.

Do not enter into phone conversations- Tell them you will only deal by letter.

If you phone them the slippery bast*rds will try to screw you.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Well I'm disappointed to say that Barclays filed a defence, just as AP said they might...

I called MCOL and they said that they could enter a defence up until today, as I hadn't had the judgement yet...I'm a bit disappointed, but I'm not gonna let the bas*ards grind me down.

So it's being transferred to my local court, Teesside - and I'll be receiving their defence in the next couple of days along with the AQ.

So it's standard procedure from here at least...

Thanks for the advice everyone who's replied...

 

m4n

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Sorry to hear about your disappointment

 

I hate to say it, but if they follow the procedure that they did with me (and others), they won't enter a defence until just before their deadline (which I believe is another 2 weeks).

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Thanks Squishy! =)

So they only have to say that they intend to defend - they don't have to actually submit the defence?

That seems a little unfair - but let them continue with their childish antics.

What would happen if someone was offered a settlement before court, but didn't accept it - and forced them into a court room?

Would it be a long drawn out affair?

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sorry to hear the latest update, but hey, don't let it get you down. You just carry on with your claim as before. I think I'm correct in saying that they should have actually entered their defence so you can expect it in the next couple of days. Going by my case you will firstly get notification from MCOL that your judgment has been rejected, soon followed by a letter stating your case can no longer proceed online and has been transferred to your local court along with the AQ.

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Hi all...

Yesterday received: 'Notice of Transfer Proceedings', along with Barclays Defence - exactly word for word the same as everyone elses...and my AQ.

Since it's been transferred to my local court because:

'the area where the defendant lives or carries on business' - do I still put in the AQ to have the hearing at my local court, or do I just ask to keep it where it is because of the above reason?

Other thing is - do I just return the AQ at this point in time?

Is it worth sending a schedule of charges since their standard defence claims:

'The Particulars of Claim do not provide details or particulars of the account in question and /or the precise charges alleged to have been unlawful, or the date thereof.' - or does that all happen later?

That's all of my questions for now...

Thanks

 

m4n

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If they've already moved it to your local court, I'd just leave it like that.

 

I returned my AQ ASAP rather than waiting for the deadline, speeds up the process a little, maybe!

 

I believe it all happens later, although I did put in the extra section the date that I had originally sent specific schedule of charges in prior communications with the bank. Have read that others have sent a copy of their schedule of charges as well, though.

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I just wanted to wish u good luck further on as i am intending to get those barlcays swines too, i have phoned them up to get a list of statements from september 2000 and will then figure out what i need to do from there on. This is an interesting read :)

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Hi Fabrix, and welcome!

I'll say what everyone else says, and make sure you read the step by step thread in the forum...and the Faq's.

If you follow the tried and proven technique you won't have any problems - and if you have any questions there are plenty of people here to help you.

Thanks for your good wishes, and keep us all updated as to your progress.

Good luck!

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  • 2 weeks later...

I've rang the court manager this morning (the number was on my 'Notice of Transfer of Proceedings') - just to check that they had received my AQ.

She said that they had it - and that the judge would be looking at it today...

and I'll hear back from them sometime next week! I can't wait!! :)

They are currently designating dates for December - so looks like I'll get paid in time for Christmas...lol

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  • 2 weeks later...

Received letter this morning from the courts:

 

Before DISTRICT JUDGE ROBERTSON sitting in Middlesbrough County Court, Teesside Combined Court, Russell Street, Middlesbrough TS1 2AE.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT the Claimant do by 4pm on 25 OCtober 2006 send to the Court and to the Defendant a chronological Schedule of the charges he seeks to reclaim with an explanation of why he considers them to be disproportionate.

 

Dated 27 September 2006

 

Now I don't know if this is a good thing or a bad thing...do I just send my schedule, and another letter explaining why I think they are disproportionate - is this the normal way things go? Or is this just because of the defence saying that they didn't have a copy of the schedule...even tho I've sent it to Barclays twice.

Any advice welcome as the clock is now ticking - 25th October isn't that far away!

 

m4n

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Dear Money4nothing - if the letter from the courts means that they want you to provide evidence as to why you feel that the charges are disproportionate for example reports, previous case law etc then jonni2bads thread is a good place to look or victimnomores thread.

Hope that helps if not sorry!

Regards Sandbag.

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It's just because you submitted your claim online.

 

If you'd gone to Middlesbrough County Court and submitted a paper claim form you would have included your schedule of charges with it, with copies of both for the defendant.

 

So now that Middlesbrough have your claim, all they're doing is asking for the bit you couldn't attach to your online claim.

 

I would just send the schedule, with a covering letter re-iterating your "particulars of claim" and quoting your case number, to both the court and the defendant.

  • Confused 1

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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