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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Maria v Barclays ***WON***


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Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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  • 1 month later...

Any update on this one ?

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Any update on this one ?

Hi, yes thanks for asking. Barclays have failed to submit thier court bundle, I wrote to them on Wednesday, by special delivery expressing my dismay and disapointment, I included an updated schedule of charges and reiterated that in order to avoid court they would need to settle in full by Tuesday.

Low & behold there was a message on my ansa phone on Thursday, I rang them back at 17.35, and I think I just caught my guy before he headed off for his bank hols. he said that he had sent me letters saying they were settling in full and I just needed to sign and fax back.

I got the letters today, for all 4 claims but sadly it is £930.88 short of what I am claiming. That is way too much for me to allow. Therefore on Tuesday morning I will be phoning him to say no thanks I would like all my money please.

I will have to ask them to email me the amended offer, without a confidentiality clause, for the full amount and then I will sign. I am a nurse and I work long days on a very busy unit, Tuesday is my only day off,Wed &Thurs I am at work 07.30 - 20.30 so I cannot wait for the post, can anyone tell me if it is okay for me to scan my signed papers and email back, as if I am to write to the courts I have to have this sealed by close of Tuesday, I guess a scanned document is as good as a faxed one, they are paying me by cheque and I am not prepared to cancel the court until I have the cheque in my hand. Which means I will need it by Wednesday, the very latest Thursday.

Incidentally, Barclays have all so asked for a copy of the letter cancelling the court with my signed acceptance, I am not happy to do that untill I have my cheque.

Nearly there, thanks for everyones support.

M

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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any advise on the confidentiality bit, or sticking to my guns and not cancelling the court before I have my cheque?

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

Hi, my case goes to court the Friday, Barclays have failed to submit thier court bundle, I wrote to them on Wednesday, by special delivery expressing my dismay and disapointment, I included an updated schedule of charges and reiterated that in order to avoid court they would need to settle in full by Tuesday.

Low & behold there was a message on my ansa phone on Thursday, I rang them back at 17.35, and I think I just caught my guy before he headed off for his bank hols. he said that he had sent me letters saying they were settling in full and I just needed to sign and fax back.

I got the letters today, for all 4 claims but sadly it is £930.88 short of what I am claiming. That is way too much for me to allow. Therefore on Tuesday morning I will be phoning him to say no thanks I would like all my money please.

I will have to ask them to email me the amended offer, without a confidentiality clause, for the full amount and then I will sign. I am a nurse and I work long days on a very busy unit, Tuesday is my only day off,Wed &Thurs I am at work 07.30 - 20.30 so I cannot wait for the post, can anyone tell me if it is okay for me to scan my signed papers and email back, as if I am to write to the courts I have to have this sealed by close of Tuesday, I guess a scanned document is as good as a faxed one, they are paying me by cheque and I am not prepared to cancel the court until I have the cheque in my hand. Which means I will need it by Wednesday, the very latest Thursday.

Incidentally, Barclays have all so asked for a copy of the letter cancelling the court with my signed acceptance, I am not happy to do that untill I have my cheque.

Nearly there, thanks for everyones support.

M

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Share on other sites

If the money is not cleared in your account by Friday, you should go to court.

 

Tell the judge they have at the 11th hour indicated that they wish to settle, but the funds have not materialised yet.

 

He'll probably adjourn for a fortnight to dot the i's and cross the t's, or you might even get a judgement there and then if the judge is particularly frustrated at Barclays antics, which lets face it, why would'nt he be?!;)

 

On that note, you should also request costs - you have a right to request up to £50 in respect of loss of earnings and up to £50 for travel expenses. Also, you should try requesting your entire preparation costs on the basis of the defendants unreasonable conduct. Details halfway down this post -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks, If I have my cheque in my hand before Friday, and banked, therefore waiting to clear, I assume it is unlikely that the cheque would bounce,or should I still go to court just to make sure the order is made incase it bounces? Ofcourse, if I don't have a cheque to bank then I am certainly going to see the Judge.

Afterall if the bank and I use email on Tuesday, I would expect my cheque to be special delivery by 1pm on Wednesday.

Do banks still have the facility to special cheques?

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Share on other sites

I assume it is unlikely that the cheque would bounce

We'll you'd think so, would'nt you, but believe me stranger things have happened. There have been a few horror stories where hearings have been cancelled and then the bank have renaged on an agreement to settle, and in fact there was a Barclays thread where this happened just last week - I'll try to find it for you.

 

If it were me, I would most definately still go to court unless it was 100% cleared.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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wow, thanks very much, I wouldn't have thought that. I will ask my husband to ask the bank to do a special clearance on it, otherwise I will definetly be going to court on Friday, I will explain to the judge that Barclays have failed to deliver in other cases, so I need the reasurance of a judgement.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

thanks

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

Sorry, but as my court date is so close, I was hoping for some support and my current thread title does not attract readers, I bumped it up a few times,but still no one responded, the title 'court Friday 13th' did attract some answers, I don't know how to change my thread title, is this possible?

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

If you feel you need additional support and nobody is responding to your thread then pm some people or post a link to your thread on other threads asking for some support. To post your link go to Quick Links icon at top of page then scroll down to and left click Subscribed Threads then scroll to your thread title and right click it, scroll down to copy shortcut and left click this. Then when in the thread or pm you want to post it simply right click then left click paste.

 

Tanz

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thanks.

I phoned Thomas this morning and said that I cannot accept the offer they have made, we quickly agreed a figure that is close to what I am claiming, as my claims are 4 separate ones, 2 with Barclays, 1 barclaycard and 1 monument, he said that he can special delivery the 2 big ones for barclays, so that should be with me by tomorrow lunch, i am going to get overnight clearance on the cheques and hand deliver to the court cancelling the hearing for friday,on clearance, however, the smaller 2 have to come directly from barclaycard and monument, Thomas said he has no control over these, other than requesting they pay me, so I said that is fine, but I will still attend the court on Friday, I will show the judge our agreement letter but state that I haven't got the payment yet and ask he make the order in my order.

So I very nearly there!!!!

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Share on other sites

Excellent news. Yes, do attend court, and make sure that the judge is aware of the agreement made. This way, if they decide to play silly buggers, you have the courts decision on your side.

 

The fact that they are willing to do a special delivery to you tells you all you need to know on how much they do not want to go to court, doesn't it... :cool:

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Hi, got 2 of my 4 claims paid today, so when the cheque clears, (got it specialed) I will ask the mods to move to successful claim and make a donation to this great site.

Still waiting for barclaycard and monument to pay me as promised, we'll see. If payment arrives tomorrow, all well and good, but my post doesn't come until 12.30 and my court case is at 14.00 on Friday, that is my day off and I intend to go shopping in the morning. I am not sitting in just in case the cheque is in the post. It is not my fault good old barclays left it this late to pay out, especially when they know what they are doing is unlawful!

I'll keep you all posted.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

  • 3 weeks later...

:) :) Hi, all just to let you know, I had offers for all 4 of my claims 2 days before court, I still went as I had asked for cheques, the Judge ordered that the case be left open and that I could return at any time, should the payment not be recieved.

Got all the monies, in full, refused to sign the confidentiality bit, and the donation to this site is on it's way. Thanks to everyone who contributed to this.

Good luck to every one fighting the banks. I am going to take on the Royal Bank of Scotland and the Funding Corp now.

Maria

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Share on other sites

thank you, it has been a long journey, but very worth while and satisfying. Couldn't have done it without this forum.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

Link to post
Share on other sites

Well done Maria!!:D

 

Title changed and thread moved as requested.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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