Nad1ne v's Barclays

[Guest nad1ne]

Tomorrow is the deadline for Barclays to enter a defence. How do I find out if they have entered a defence, would this just show up on my money claim page on the tinternet? At the moment is states claim issued 5/9/06 and in the next column Judgement start. Do I have to wait until 12 midnight on Tuesday before I do anything?

Oh I am very excited.

[paulwlton]

Barclays enter their defence last minute, so don't get too excited, but in the long run you'll get you're money back, it takes time though.

[Guest nad1ne]

Should I expect a letter in tomorrows post?

[Welshman]

Hold your horses nad1ne. Aren't you waiting for Barclays to acknowledge the claim, not enter a defence? The 14 days for them to acknowledge starts five days after the date of the claim issue making it the 24th of September in your case.

 

You will probably find, as paulwlton pointed out that they'll acknowledge last minute.

[Guest nad1ne]

Oh I really think I need to calm down and have a drink. I had bought so many pairs of shoes in my head. I guess I shall just have to wait until Sunday. dum de dum de dum.

[Welshman]

Unless they acknowledge before then, you will probably find that once you go for a judgement, they'll respond by the end of that "judgement day" and buy themselves another 14 days. Go to this link from the MCOL to see what can happen: Her Majesty's Courts Service

 

I personally think that it's unfair that you can apply for judgement when their time is up but that, after applying for that judgement, they can jump in before the end of that day with an acknowlegment and this takes priority over your application.

 

So, in your case, if you apply on Sunday, it will be dealt with on Monday.

[jamiesmum]

Hi Nad1ne- Just wondering what happened to you after Monday?

[Guest nad1ne]

Sorry about the delay in replying to you. Well my computer hard drive went caput, however I managed to take a peek and just as I was advised the buggers have acknowledged my claim. Whilst I am waiting for this deadline to arrive I thought I would start the ball rolling with my abbey claim so that I have a sort of relay effect of my money coming in. I have to keep busy otherwise I clock watch.

Thank you for asking and I will keep updating as long as I can sneak on the tinternet at work.

[Guest nad1ne]

Could someone please advise me how long Barclays have to enter a defence. My claim was issued 5/9 do they have 28 days from then or would it be 14 days from my first deadline??

 

Also will I need the copy statements for court as I was given the list of charges over the telephone and may not have all the statements in my file?

 

Thank you!

[jigr69]

Have they acknowledged or replied to your claim? If so, they have an additional 14 days from the date the original deadline passed (judgment by default day) or in another way, they have 28 days from when it was considered to be served upon them.

 

Again expect a 12th hour plus some before they file a defence.

[Guest nad1ne]

Have they acknowledged or replied to your claim? If so, they have an additional 14 days from the date the original deadline passed (judgment by default day) or in another way, they have 28 days from when it was considered to be served upon them.

 

Again expect a 12th hour plus some before they file a defence.

 

 

They have acknowledged the claim which means Sunday is the next deadline...I think. I just hope I get my dosh back by xmas. Then it will be bollinger on the table instead of lambrini.

[Bookworm]

You won't. Get your Lambrini now.

 

From defence filed, the court wil send out the AQ within 14 days or so. You then have 14 days to send it back. The court then allocates a date for the hearing, which is 3 months upwards in time. B's will pay 1 week or so before hearing date.

 

YOu might be able to get some Bollie for Easter though!

[Guest nad1ne]

 

will I need the copy statements for court as I was given the list of charges over the telephone and may not have all the statements in my file?

 

Thank you!

 

Can someone shed any light on this one. I have just sent a dpa letter to make sure. It looks like I have plenty of time to get my evidence together anyhow.

 

UPDATE!

they have just entered a defence:rolleyes: so I await the usual docs.

[Welshman]

When you prepare your court bundles, the copies of your statements form part of them as they are the documentary evidence that you need to prove your case. So, yes, you need them.

[pauldean]

Nad1ne,

 

I'm at the same stage as you but no defence submitted as yet.... so how many days did Barclays wait after the acknowledgement before they submited that defence? (and what was it please!!!)

 

will watch your thread with intrest.

[Guest nad1ne]

Nad1ne,

 

I'm at the same stage as you but no defence submitted as yet.... so how many days did Barclays wait after the acknowledgement before they submited that defence? (and what was it please!!!)

 

will watch your thread with intrest.

 

They left it again to the last minute which was the Friday before the Sunday's deadline to submit a defence. I received the allocation questionnaire yesterday in the post so I haven't really had a chance to study it, at first glance though it seems to be very confusing however I believe it to be roughly that they advised me of the charges in advance, as I went over my overdraft they believe they were entitled to charge me, the charges are legal contrary to belief and that I haven't provided them with good enough proof of what I am alleging they have taken from me. All this is wrapped up in lots of legal jargon just to try to confuse me. I think it is a standard load of bullpoop from what I have read in other peoples cases but it still makes you wobble, especially as the court needs a further £100 from you. I won't back down I have gone too far now to turn back.

 

Keep me posted on your case and good luck.

[Guest nad1ne]

When you prepare your court bundles, the copies of your statements form part of them as they are the documentary evidence that you need to prove your case. So, yes, you need them.

 

EEK! do I have to send these back with my allocation questionnaire as if I do there might be an issue.

I did work for Barclays and am still in contact with some of the staff so worse case senario I could ask them to provide me with screen prints of my charges, I suppose that would be ok?

[Welshman]

NO. you add them to the court bundles. You need one for the court, one for the Judge, one for yourself and I have another bundle with all the original documents i.e. the letters between me and Barclays.

[Guest nad1ne]

HELP!!!!!!!!!!!!!!!!!!! Can anyone decipher this which is point 9 in Barclays defence to my claim.

"In the alternative, and without prejudice to paragraph 6 above, if (which is denied)" (paragraph 6 advises I incurred charges as I went into an overdraft without having agreed that facility) "the said charges and interest or any part thereof are unlawful or uneforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the necessary such loss and damage as it actually suffered, which will not necessarily sums against any liability owed hereunder to the Claimant."

 

my understanding of this is that they are counterclaiming for the ACTUAL costs incurred but would that not be admitting they charged over the odds in the first place, therefore making their charges illegal?!?

Any suggestions on how I word my section G on the allocation form as the ideas given on the faq section don't really relate to this answer.

Some quick advice would be much appreciated.

Cheers

[victimnomore]

Don't worry about Barclays' so-called defence. All they're trying to do is cover the possibilities. If their claim that the charges are right because they're in the terms and conditions is thrown out then they still want to apply them to cover their costs - without saying what those "costs" are! It's a load of dingo's kidneys which won't wash in court.

 

As for the AQ, just use the standard wording. The AQ is so that the court can know what they need to do to be ready to hear the case, in particular which track it should be allocated to, and how long it should take. It's so they can fit it into the court schedule. It has nothing to do with the merits or subject matter of the case, so it's not the place to be going into your arguments against the defence.

[Guest nad1ne]

Has anyone done simultaneous claims with different banks?

The reason I ask this is that I was expecting a court date for my Barclays claim before my Abbey one due to there being a number of weeks between issuing these. The Abbey date has arrived however the Barclays one hasn't. Is this normal or should I chase the court?