Hills v Barclays

[Thailand]

I didn't realise you hadn't sent a rejection letter yet - that looks fine to me.

 

Good luck

[Welshman]

Further to Thailands' post, I added to my letter to them that I had supplied the other party with a copy.

 

Make sure that on the top of the banks' schedule and letter you put the Court Claim number as given to you by MCOL and because they are the good guys, be polite and "would you be so kind as to include it with my file please". On the banks' letter and schedule, place the reference they use in letter to you. That's all they need.

 

 

 

 

 

[Mod: 6 threads merged]

[,hills]

Received the Notice of Issue from Northampton Court today.

 

It says, claim was issued on 16th October and deemed to be served on 21st October.

 

Barclays has until 4th November to reply.

 

Anyone suggest what the likely next steps will be.

 

Thanks

[bearo]

You really do need to read more threads, the longer ones will show you what to expect next...

[BBloke]

Received the Notice of Issue from Northampton Court today.

 

It says, claim was issued on 16th October and deemed to be served on 21st October.

 

Barclays has until 4th November to reply.

 

Anyone suggest what the likely next steps will be.

 

Thanks

 

Barclays will issue a defence very late on the third. Then maybe it will be reassigned to your local court for a court date to be issued. This might take another month or so. Then a court date is issued no earlier than 3 weeks after the date of issue.

 

Thats my experience so far. I was issued a court date today (16/10/06) for the 15/11/06.

 

Good luck

[,hills]

Thanks

[,hills]

Thanks for your help

[,hills]

Recieved today an acknowledgement of service.

 

They have now 28 days to form a file to defence.

 

Looks like it will be a long one.

[Welshman]

They have a total of 33 days from the date you filed at Court to defend, not 28 days from now.

[,hills]

Thanks for that, is that the Notice of Issue / Date of MCOL (16th October).

 

Thanks

[Welshman]

The day you file is day Zero. Legally, the claim is deemed to have been filed five days after that - regardless of whether they were actually served two days after you filed. It's then that the 14 days to acknowledge starts. As soon as they do that then the last period of 14 days is added to the total so it's a total of 33 days.

 

Hope this helps you.

[,hills]

Thanks

[I hate barclaycard]

Hi, im new to this, so forgive me is i get this all wrong but i think im doing things right.

Sent of my SAR on 25th October recorded delivery. royal mail say received on 27th.

Spoke to barclaycard 1st november says registered on their system on 30th october.

today 2nd November received reply, have kept my £10 and given me details of my account back to may 2004 then said the rest is on microfiche and is not readily accesible and so i wil have to pay £3 per statement. i am about to send them the "abbey" letter is this thr right thing to do???

Also when do the 40 days start from? 25th when i sent, 27th when royal mail say signed for, 30th when they say on their system or 31st when reply is dated???

Please help. Thankyou x

[,hills]

Doing the normal thing with Barclays.

 

Got to MCOL stage.

 

Confused as to what date I will probably get a letter when I expect to have to go to the next stage.

 

SAR sent 31st July

Request for repayment of charges sent 13th September

Letter before action sent 28th September

MCOL started 16th October

MCOL notice of issue deemed served 21st October

Notice of Acknowledgment of service filed 31st October

 

It says they have 28 days from the date of service, when is this date ??

 

Thanks

[TANZARELLI]

Hi,

 

they hace 28 days from the date deemed served in your case from the 21st October.

 

Not long now.

 

Hope this helps

 

Tanz

[Jachu]

That answers my question as well. I received documents from mcol stating that Barclays are deemed to have been served on 15th November. On 29th November, acknowledgement received from Barclays. If it gives them 28 days, I think this is inclusive of the 14days mcol deemed to have been issued. So by mid December I should know whether Barclays have filed defence or not.

Good luck to me and everyone

[blueskies]

Two threads merged,

 

Have Barclays defended? (28 days includes weekends)

[,hills]

This should be interesting then.

 

28 days from 21st October is 18th November in my book, not heard anything.

 

Checked MCOL status and it shows acknowleded on 31st October.

[Jachu]

Two threads merged,

 

Have Barclays defended? (28 days includes weekends)

 

No, they just acknowledged.I understand acknowledgement means Barclays are requesting for more time to defend.So hope they would defend.

[,hills]

Given that I it looks like the 28 days are up, should I contact MCOL incase there has been missing letters in the post ?

[Jachu]

Given that I it looks like the 28 days are up, should I contact MCOL incase there has been missing letters in the post ?

 

In the MCOL website there is a section on your claim which says 'Judgement' .Below judgement is 'start'.I think if you press 'start' the next task is to enter judgement by default if Barclays has not responded and you have checked that you counted the days well. Perhaps contacting MCOL before you enter judgement would be helpful.Thats my opinion.I wait to be corrected.

[,hills]

update

 

Barclays didn't enter a defence, so have now gone to the next stage on MCOL.

 

They have issued a Judgement on them on 14th December.

 

They have a calender month to reply.

 

I was was told that I could if I wanted, I could send in the Bailiffs to either repossess possessions to the value if they havn't the money (ha! ha!). How tempting is that. This will cost another £55 (recoverable), but have decided to see what turns up in the post over the next few weeks.

 

Surely if I've entered a Judgement againt Barclays, that means they have a CCJ against them for 6 years, so how can they be a trusted Financial Institution. If it was you or me, they would have trouble getting credit.

[Jachu]

update

 

Barclays didn't enter a defence, so have now gone to the next stage on MCOL.

 

They have issued a Judgement on them on 14th December.

 

They have a calender month to reply.

 

I was was told that I could if I wanted, I could send in the Bailiffs to either repossess possessions to the value if they havn't the money (ha! ha!). How tempting is that. This will cost another £55 (recoverable), but have decided to see what turns up in the post over the next few weeks.

 

Surely if I've entered a Judgement againt Barclays, that means they have a CCJ against them for 6 years, so how can they be a trusted Financial Institution. If it was you or me, they would have trouble getting credit.

 

You are lucky Barclays have not entered a defence.They entered a defence on the last day in my case.So I wait for letter from mcol who said they would advise me on which court the case would be transferred to for hearing.So I have started preparing my court bundles.

[,hills]

Received a confusing letter from MCOL saying that Barclays had not responded within the required timescales and have also enclosed an Application Notice N244. Also enclosed were copied fax documents from Barclays to MCOL contesting the Default Judgement and that they had infact replied in time.

 

I called MCOL for them to to explain, and they have said that there is confusion as to if Barclays had infact replied in time and that it has now been passed to a Manager to look into it.

 

I'll now give it a week to here from MCOL or I'll call them back.

[,hills]

Update

 

Spoke to MCOL today.

 

The case has now been transferred to a District Judge as the case has to be decided if Barclays did in fact reply to MCOL on time.

 

It's out of my hands now and have to wait for a District Judge to decide.

 

Had anyone else had to go through this.

 

It seems I am not at fault, it's between Barclays and MCOL.