Fed up, need some encouragement!!

[aliob1]

Hi Fallen

 

Not sure if this will help you or not, but MCOL is only updated once a day after 10 am. I too am a self obsessed MCOL checker! lol. With regards to getting fed up, I know where you are comming from, it's a big rush at the beginning and then comes the waiting game:cry: . But stick with it as it's well worth in the end - as I am hoping thats going to be very soon for me.

 

Keep Going

Cheers

Ali

[heidiK]

Thanks Bookworm

 

My form definately says that the defendant 28 days from the date claim was served, to file a defence. So you filed in April and have a date for November?? - patient you! I was thinking of going for xmas (to Oz) so was hoping it wouldn't be until the New Year anyway

 

Sorry Fallen for taking over your thread, but glad we sort of cleared up the time scales!

 

HeidiK

[fallen7682]

I don't mind you taking over my thread, it's great to be able to check and see that your not alone. Still confused over the 28 day thing. My claim has been acknowledged today and this is what it said on the MCOL:

 

"The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply. "

 

they were served on the 17th, which then implies that they only have 28 days in total which is the 14 October!!

 

Is this the never ending debate? lol?

 

Anyway, glad i've had an acknowledgment, will keep you all posted.

[Number6]

I don't mind you taking over my thread, it's great to be able to check and see that your not alone. Still confused over the 28 day thing. My claim has been acknowledged today and this is what it said on the MCOL:

 

"The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply. "

 

they were served on the 17th, which then implies that they only have 28 days in total which is the 14 October!!

 

Is this the never ending debate? lol?

 

Anyway, glad i've had an acknowledgment, will keep you all posted.

 

It's definitely 28 days in total:

 

Once a claim is issued at the County Court, you have 14 days to acknowledge the claim form, and either admit all or part of the debt, or submit a defence. Acknowledging the claim within 14 days extends the period to serve a defence to 28 days.

 

So 14 days to respond with either a) a defence or b) an acknowledgement of service.

 

If b) then the defendant gets a further 14 days to file a defence.

 

Pete

[fallen7682]

I'm glad that it's only 28 days in total, although expecting them to defend it

 

Used the interest calculator, so if i have to list the charges and interest, is that easy to do, or should i have done it differently?

 

Why do we have to have the awkward bank, why

 

I can't believe how long they draw it out! At least it means the interest can build up, although, i know it isn't a lot.

 

How long on average are they taking to file defence before the end of the 28 days? They have got till the 14 October, anyone want to take a guess, place your bets please!! lol!!

[austenpowers]

My guess for them to file a defence is 14th October 3.25pm. It won't show on MCOL until the following day leaving you thinking for a few hours at least, that you have won by default. Sorry to be all doom and gloom, but I'm afraid generally that is how barclays play it.

[fallen7682]

Help!!!! Just got my allocation questionnaire through and don't know what i am suppose to be doing next. Got to have it in by the 1st Novemeber. Advice would be gratefully received. :o

[fallen7682]

I found a piece on filling out allocation questionnaires on one of jonni2bads' threads, was really helpful so thanks to him. Already to send now, lets hope it gets resolved promptly. So....what do i do now, where do i find the things i need to prepare for court? Has anyone had a settlement from barclays, because they seem few and far apart, it's a bit unsettling! Scared now!!! Will i get the £100 fee for the allocation questionnaire back, and if so how?

[victimnomore]

If you're reading around the forum, as you should, these steps shouldn't really come as a surprise. The AQ and the preparation for court are standard steps, so, of course the answers are in the Templates Library!

 

For the AQ advice, click here.

 

For court preparation, click here.

[fallen7682]

Thanks victimnomore, i'll check it out. Need all the help i can get!

[fallen7682]

When i do a schedule of charges, do i put the interest on too and where can i do that? Do i put my court costs there too? Where do they go? Didn't anticipate it going this far, most other banks are paying out a lot easier. Hope i get my money back in the end! This is too scary, back to not sleeping again worrying about it, ah well never mind, what will be will be lol!!!

[victimnomore]

Relax!! Try not to be scared, these people are definitely not worth losing sleep over.

 

You're right though that Barclays seem a lot more stupidly stubborn than other banks. It means, even though they have never yet set foot in a courtroom, you have to be prepared to take them that far.

 

Your schedule should include interest up to your claim date, but not costs.

[fallen7682]

Ahhhh! Got a court date for 14 March next year. Please tell me that they are still not turning up!! Been busy working for the past few weeks so i haven't had time to come on so if there are any updates can someone let me know. What do i do now?? Where can i find help with preparing the court papers?

[fallen7682]

thought i would just start preparing for court, so i started doing a charges schedule but they only go up to current date and i need to do it up to my court date (i think), can i have some help please

[TANZARELLI]

Hi fallen,

 

You can get most of what you need for court bundle in library section of this forum you then need to add corespondence, statements, court info letters etc.

 

With regards to your upto date schedule. I have been pondering over this as got court on 15th Dec.

 

What I might do is do a new one including the £100 Allocation Questionnaire fee and the work out the daily interest from date of issue to court date and add that in. Then if they settle before the court date then work our how many days back and knock it off. Alternatively when they negotiate with you you could say well this amount still stands either pay it or i'll see you in court.

 

These are just suggestions see what others think.

 

Not sure if that helps.

 

Tanz

[fallen7682]

Hi, my problem is that my court case is coming ever closer and my maths ain't good, so is there an easier way of working out the costs leading up to the court case?? I've got to get my paperwork in by the middle of this month. AAGH!! HELP!! I can't believe how quickly it has come up.

[dickeggsy]

your total claim + interest + court costs (MCOL £120 + AQ £100).

Let barclays worry about it.they are the one's defending.

good luck.

[fallen7682]

i've just realised that i haven't sent a schedule of charges before hand. I thought it was something that i didn't have to worry about until i go to court, and other than their defense stating that i didn't give them that and the court requesting that i do this when i make up my court bumpf, i didn't realise you had to. Have i got it wrong, or does it not really matter till sending the court stuff??

[Guest Mumofthreeboys]

You should send a schedule asap to Barclays and the court.

[fallen7682]

Thanks mumofthreeboys, I am due to do this in my court bundle, so do i send the whole thing? Why is it important until then? I think i've got a bit confused! Can only do it up to today's date on the spreadsheet, is that adequate and do i put that i have completed it to that date??

[TANZARELLI]

Stae that you had already sent it but that you are enclosing another for their information.

 

Little white lie but hey!!

[Guest Mumofthreeboys]

You're supposed to send a schedule of charges with all the letters you write, so they have a clue as to where you got your figures from.

 

I think you should send a schedule to Barclays as soon as you can.

[TANZARELLI]

MofTB, I agree, but if fallen7682 has not already I would say that you have (as far as their concerned it was lost in the post.

 

Tanz

[fallen7682]

thanks tanzarelli, that's what i will do, and going to submit one with the court bundle, court date on 14 March and got to have it in 14 days before, but thought that if i send it now, then they will see that i'm not going to back down and might settle up (chance be a fine thing!!!) When i send it all, do i have to note down that i am asking for the mcol and questionnaire fees that i have incurred, or do they just do that anyway? I think i included asking for it in my claim. Getting scary now, i had grown bored of it as my court date was so far away and now it's almost here!!! Thanks all for your fabulous support and advice x

[TANZARELLI]

They will usually add the mcol and aq fees into settlement. Watch out that they don't forget the daily rate of interest as this is a usual trick for most of them. If however they forget to add these then just inform them that the amount needs to include this before you agree to withdraw your claim with the courts. Also wait until money is cleared in your account before letting the court know.

 

Not long now.

 

HTH

 

Tanz