Court date with barclays!!?

[icelandviking]

after filing my allocation questionnaire (and waiting for an offer, but none has come) i have a had a letter through with a court date of August 11th to go for a hearing!

 

Now my question is, will they settle before this date, am I waiting for August now.... has anybody been in similar position.

 

Thanks for the help

[ncf355]

Hi,

 

can you give more detail?

 

Are they suing you, or are you suing them?

 

Also, what the state of the agreement, have you sent them a CCA under s77/s78, or a SAR?

[icelandviking]

basically was claiming credit card charges for monument and barclaycard, go the standard rejection letter, followed by the here is an offer letter...so I went to MCOL filed the claim, they put in a defence, then got sent allocation questionnaire, so I filled that in and sent it back...2 days ago got a letter from the court with a date set to go to court in August.

 

My question is, is it likely they will settle before this, or am I off to court!

 

Thanks

[the_shadow]

basically was claiming credit card charges for monument and barclaycard, go the standard rejection letter, followed by the here is an offer letter...so I went to MCOL filed the claim, they put in a defence, then got sent allocation questionnaire, so I filled that in and sent it back...2 days ago got a letter from the court with a date set to go to court in August.

 

My question is, is it likely they will settle before this, or am I off to court!

 

Thanks

 

Have you claimed interest? compounded or stat s69?

 

If you've got a hearing date I'd advise you to get your court bundle ready for it, dont print it out but get everything ready just in case. Barclaycard may settle but it depends on the strength of the POC, their defence and what rate you are claiming interest.... and the amounts you are claiming.

 

Did the judge give any directions, any disclosures prior to the hearing?

 

S.

Edited May 20, 2009 by the_shadow
changed "ask for" to "give" --- Numpty!

[icelandviking]

I attached with my AQ a letter of direction (i got it from this site)

 

The letter from the court is 'a notice of trial'......and they want me to send documents to all parties involved and pay a hearing fee of £75 as well by the 29th of May.

 

What shall I do?

[icelandviking]

was just stat interest as well...sorry forgot to add in last post

[the_shadow]

I attached with my AQ a letter of direction (i got it from this site)

 

The letter from the court is 'a notice of trial'......and they want me to send documents to all parties involved and pay a hearing fee of £75 as well by the 29th of May.

 

What shall I do?

 

Well first thing..... if you dont pay the hearing fee the case will be dismissed. So you need to pay that.

 

When you say documents to all parties involved do they say which documents, it may be helpful to copy or post up the text. As far as I'm aware usually the court bundle doesnt have to be exchanged until approx 14 days prior to the hearing.

 

Have you downloaded the basic charges bundle from this site? it gives details of what you need to include in it.

 

You'll need to put together 3 copies, one for them, one for the judge and one for yourself.

 

S.

[icelandviking]

in your experience, do they settle before the date.... or has anyone gone to court for an actual hearing?

 

thanks

[the_shadow]

in your experience, do they settle before the date.... or has anyone gone to court for an actual hearing?

 

thanks

 

From what I've read on here most Barclays claims get settled prior to a hearing, esp if the claimant is only asking for stat interest. Read through some of the Barclaycard success here -->>http://www.consumeractiongroup.co.uk/forum/barclaycard/32572-successful-claims.html

 

People who claim compounded interest have more of a battle and sometimes it takes until JUST before the hearing to get a settlement.

 

S.

[icelandviking]

thanks for you help, really appreciate it...hope they settle sooner than later

[slick132]

Hi IV,

 

I wonder why BC did not settle with you before you filed a claim. If you're only claiming charges + s69 int't, perhaps you have claimed for charges beyond 6 years.

 

In any event, you should make sure you are ready to submit your evidence (court bundle) to the court and to BC on time.

 

You should also contact BLT (Barclays Litigation Team) NOW by email. Tell them you have a court date and would like BC to settle your claim as per your updated SOC (have a copy ready to send or read from).

 

See what they say, and come back to us.

[slick132]

Also, please confirm that BC filed a defence with the court.

[icelandviking]

BC did file a defence yes....

 

Anyone know where I can get the email address for their litigation dept

[slick132]

Good, at least they're not able to deny receipt of your claim, which they have done before.

 

Have a look at Mackerel's Barclaycard thread for a recent contact name or email addy.

 

And send a letter into Barclays Bank PLC t/a Barclaycard at Churchill Place, London. Quote your court Claim No. and ask for someone to contact you asap, as you have a court date shortly.

[icelandviking]

ooooh, i found a telephone number, spoke to a guy that is looking after my case...he said we will dig it out have a look at it, to call him back on fri morning and we will bring it to an end woohoo...will update on fri

[slick132]

Hi IV,

 

Update your SOC (the interest figures for s.69 interest will auto-update when you access and print the SOC) so you have a figure you can agree on when you speak to him again. Write down the court fees paid to date so you have a total.

 

Do NOT agree to anything less than your total. If in any doubt, get his email addy and tell him you'll get back to him.

 

The come here and seek advice.

 

If you're only claiming charges, s.69 Statutory Int't and court fees, they should settle without problems.They'll want to refund direct to the CCard a/c - is that ok with you ? If not, you can insist on a direct refund but it'll complicate matters a bit.

 

[icelandviking]

ok, i have call with him in 2hrs...will update with response on here straightaway!

[icelandviking]

ok, he is adding up the charges himself, have to call him tues.