Fed up, need some encouragement!!

[fallen7682]

After listening to my mate (who now has been paid out by A&L, and extremely easily) she had me convinced that barclays was one of the easier ones to sue! After reading more closely i now know that this isn't the case. Issued court proceedings on 12th Sept, which i now know won't be acknowledged until about the 13th/14th day, then the wait of another 28 days!! Is it really worth the sleepless nights?! Is it likely that it will then be defended in which i will have to pay more money and spend more time, listing my charges?? I don't know how you really work out the interest, as using your calculator, my mate who just got a cheque wrongly thought you added the total at the bottom of the calculator to your charges fees, so she had to then file an amendment, but before they got that they paid, and about £500 more than she had worked out on the amendment. If you have to pay for the next stage, do you have to stay at the figure you have already filed for?? Am i worrying too much?? Going mad!!

[vinnyk67]

its woth it an dont worry

[heidiK]

Oh, fallen7682....poor u!

 

Don't loose sight of why you first started. They have taken YOUR money unlawfully and you have every right to claim it back! Chin up... keep strong and keep reading everyone elses threads, it keeps me motivated!

It will be worth it!

[fallen7682]

Thanks for the encouragement. I'm getting married in December and could really do with the money, and at this rate will be lucky to get it before then. I find your words helpful and i will stick with it, just having a bad week lol, and wish there was some ending to this. Good luck with yours and let me know how you get on. Kate

[heidiK]

Many congrats on wedding... just think, you will have the money in the new year to start your new married life!!

It is definately a rollercoaster ride but remember .....IT IS YOUR MONEY!! Well worth fighting for it back!

[vinnyk67]

the money you claim back could pay for the honeymoon look at it that way then you wont feel down bout it

[heidiK]

ps- yes Barclays are 'bloodsuckers' as people on this site have been known to refer them as, and they do try and fight a little (more than other banks) but they are just wasting their money in the end by dragging it out. And, they are trying to scare people off.

[argyle]

Hi Heidik.

 

Chin up.

Issued court proceedings on 12th Sept, which i now know won't be acknowledged until about the 13th/14th day, then the wait of another 28 days!!

Think you will find its 28 days from the date of issue of claim, after they acknowledge your claim they have 14 days to submit defence.

That should cheer you up.

Argyle.

[fallen7682]

Thanks you all for being so supportive, was having a really bad day which didn't help. Feeling a lot more optimistic about it all now, at least the longer it takes the more interest they will have to pay!!! Look forward to hearing how all your cases are doing to keep me posted, and thanks once again for brightening my day

[orfoster]

Just keep us all updated on the steps you take and if you have any doubt ask us before you send in the letters or do whatever. We will help you through this. Good Luck, we will be watching with interest, you will find if you follow it through you will hit the roof when the cheque arrives on your doorstep, i know i did.

[Bookworm]

Hi Heidik.

 

Chin up.

Think you will find its 28 days from the date of issue of claim, after they acknowledge your claim they have 14 days to submit defence.

That should cheer you up.

Argyle.

 

No, Heidi is correct, you're not. It's 14 days to acknowledge, then 28 days from acknowldgement to lodge a defence.

 

Heidi, if you've filed 12th September, don't think about seeing your money until March, April earliest. I lodged mine in April, and they still haven't settled. (However, hearing date's November 2nd, so one way or another, it shouldn't be much longer )

[Nightstar]

Hi,

Please keep going dont get down, claiming back whats your's is full of obstacles, precisly put in your way to put you off claiming back your charges, the banks want people to think it's too much of a hassle, and they make things as difficult as they can, but believe me whern you persevere and WIN you feel a million dollars, I had times when I was very frustrated and I too thought it's doing my head in, but Please continue It's worth it in the end.

 

 

GOOD LUCK ......................

[orfoster]

Acknowledged

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

 

Doesn't this mean that they only actually get another 14 days on top of the claim to respond and file defence?? When they are served with the claim they have 14 days to acknowledge or defend plus then if they acknowledge they get another 14days but that from their website surely means from the date they are served??? Oh im confused.

[Welshman]

I thought the same orfoster. The Step by Step instructions are clear on this. The link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

state that the Defendant has a TOTAL of 28 days from "date deemed served".

 

Bookworm, can you check on this please?

[Number6]

I thought the same orfoster. The Step by Step instructions are clear on this. The link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

state that the Defendant has a TOTAL of 28 days from "date deemed served".

 

Bookworm, can you check on this please?

 

AFAIK it's a total of 28 days. Fourteen days to defend or acknowledge, then if acknowledged a further fourteen days.

 

Pete

[Bookworm]

From HMCS site:

 

Within 14 days of receiving (being 'served' with) particulars of your claim, the defendant must send to the court (called 'filing') either:

• an acknowledgment of service; or
  
• a defence.

 

and

 

Why would the defendant file an acknowledgment of service instead of a defence?

 

Filing a Form N9 (acknowledgment of service) gives the defendant extra time in which to prepare a defence. The time for filing a defence is increased from 14 to 28 days from the date of service of your particulars of claim.

 

So in theory, it would seem so. But I have had 5 claims forms coming back to me form Northampton now, and every single one of them stated on the AoS that the defendant had "28 days from this date (on AoS) to file a defence".

[Number6]

From HMCS site:

 

 

 

and

 

 

 

So in theory, it would seem so. But I have had 5 claims forms coming back to me form Northampton now, and every single one of them stated on the AoS that the defendant had "28 days from this date (on AoS) to file a defence".

 

My AoS clearly states:

 

"The defendant now has 28 days from the date of service of the claim form to file a defence.

 

Pete

[Welshman]

The question that then springs to mind is, why claimants have been filing for judgement - and allowed to do so - at the end of the 28th day after the defendants were deemed to have been served.

[Welshman]

Sorry, our postings crossed.

 

Bookworm, I have a question I'd like to PM you but your in-box is full.

[Bookworm]

A-ha, clarified. My mistake, or should I say my misunderstanding:

An Acknowledgment of Service of your claim has been filed today, a copy of which is attached.

 

The defendant now has 28 days from the date of service of the claim form to file a defence

 

So yes, 14/14, then, which means that retrospectively, I let Natwest get away with it a few months back! B*gger, b*gger, b*gger

 

Apologies for the confusion, grovel, grovel, etc...

[Bookworm]

Sorry, our postings crossed.

 

Bookworm, I have a question I'd like to PM you but your in-box is full.

 

Yes, I know, I can't get near it at the moment.

 

e-mail me if you want: [email protected]

[Welshman]

It's OK Bookworm, I think I've sorted it out in my head now but I'll e.mail you with what I was thinking about anyway to have youe thoughts.

[orfoster]

Bookworm, no problem. I do feel it is very confusing until you look at it with an open mind. I called the court about this as it made no sense to me. I may be on first name terms with them soon lol.

[fallen7682]

I was getting confused just reading it all!!! Kept me entertained for 5 mins lol!! Made me grin about the whole thing, which i haven't done for a while. Thanks guys for all being so supportive. Trying not to check my online claim every 5 minutes so made a bet that i will not check it till after 1pm from now on, and it's only 9.17am and it's killing me!!! Keep me posted on any developments

[orfoster]

haha you sad person lol

 

Thats what i did as well. Its suprising how good it makes you feel when you get that cheque in the post which in sure you will very soon.