Tanzarelli V's Barclays 1st one * WON * 2nd one Begins.

[genesco]

Hi can anyone advise me on the letter I send to the courts after I have recieved my money in my account. This is what I have so far.

 

To whom it may concern I am bringing to your attention that Barclays have now settled in full and that I would like to discontinue my claim against them.

[Welshman]

Something like:

 

Claim Number:

Hearing Date:

 

To whom it may concern.

I wish to inform you that the claim that I brought against Barclays Bank PLC has been satisfactorily settled, therefore I request that my claim is discontinued.

 

Yours Faithfully,

 

 

But, and I know you've mentioned it in your posting, make sure your money's in before you send this letter.

[TANZARELLI]

Thanks Welshman,

 

Just testing to see if ? is still there.

 

Tanz

[lisa35]

Thanks for the advice you gave yesterday. We called Barclays this morning asking if they would settle etc. but no joy.

 

He spoke to Stephen Lloyd a Customer Relations Manager who said his department was dealing with these cases. Has anyone else had dealings with this man or this department? We were under the impression that the litigation department was handling these cases.

 

Still we will send off the Court bundle today and see what happens next. Thanks again.

[bloc]

Congrats Tanz

[TANZARELLI]

Thanks Bloc. Got a few more going now with some other Skanks, I mean Banks. Hope yours is going well.

 

Tanz

[bobinramsey]

Congratulations Tanzarelli. I needed to have my court bundle in by 20th Dec so I telephoned Barclays to see if they would settle out of court. I spoke to customer services on 0800 282 390 and they put me through to a Rebecca Connelly, who has taken over my case, and probably many others from Keith Jerimiah. After I had explained where we had got up to with the claim, she offered to settle in full and I should be getting that letter v soon. So WE BEAT BARCLAYS !!!!!!!!!!

[ellsbells]

So, had you been allocated a court date bobinramsey?

 

My claim has just been acknowleged and they have til the 8th January to enter a defence. I think my AQ gets sent once that happens, and the court date set? I'm wondering at which point it's best to try and contact them?

[Laineybelle]

Congratulations!!

 

Another winner, just in time for Christmas. I hope the staff at Barclays don't miss out on their bonuses this year because of this!!!

 

Laineybelle

[TANZARELLI]

Congratulations Tanzarelli. I needed to have my court bundle in by 20th Dec so I telephoned Barclays to see if they would settle out of court. I spoke to customer services on 0800 282 390 and they put me through to a Rebecca Connelly, who has taken over my case, and probably many others from Keith Jerimiah. After I had explained where we had got up to with the claim, she offered to settle in full and I should be getting that letter v soon. So WE BEAT BARCLAYS !!!!!!!!!!

 

Thanks bobinramsey,

 

Great news hope you get your letter soon. Remember to score out the confidentiality clause and dont send the letter to the court saying its been settled until the have the money cleared in your account.

 

Well done.

 

Tanz

[TANZARELLI]

So, had you been allocated a court date bobinramsey?

 

My claim has just been acknowleged and they have til the 8th January to enter a defence. I think my AQ gets sent once that happens, and the court date set? I'm wondering at which point it's best to try and contact them?

 

Hi ellsbells,

 

Theres no harm in keeping up the contact, I feel, at anytime, however it seems at late that they are settling following a court date being set. Keep going you will win in the end.

 

Tanz:)

[bobinramsey]

Congratulations!!

 

Another winner, just in time for Christmas. I hope the staff at Barclays don't miss out on their bonuses this year because of this!!!

 

Laineybelle

 

I don't Know how to get a quote!!

Yes the court date was set for January

Bob

[TANZARELLI]

Congratulations!!

 

Another winner, just in time for Christmas. I hope the staff at Barclays don't miss out on their bonuses this year because of this!!!

 

Laineybelle

 

I don't Know how to get a quote!!

Yes the court date was set for January

Bob

 

Just press the quote button on the bottom right of thye post you want to quote from.

 

Anyway not long now then by the looks of it.

 

Tanz

[davidsinclair]

Hi Tanzarelli! Howe did you get on on the 15th Dec? (Happy birthday by the way). Barlays filed a defence against my claim too and my hearing is set for Feb - but I think it's just an allocation hearing - not too sure what's what at this stage.

 

Regards,

 

David, London.

[TANZARELLI]

davidsinclair,

 

Birthday was great, I had my claim settled on 21st Nov see #73 in this thread.

 

So you have an allocation hearing then for Feb?

 

Tanz

[chesterb]

Oh goody! I have an allocation hearing tooo!!!!!! Someone else in the same boat as me! Im so pleased xxx

[TANZARELLI]

Just keep at it both you'll get (in the words of a hip hop rapper) "Paid in Full" and then the party begins.

 

Keep at it.

 

Tanz

[Mrgreengenes]

Congrats Tanz, my court date is in Feb. My bundle has been delivered. All I have to do is wait for the offer.

 

Rebecca Connelly phoned me once asking me to send her a copy of my statements, as the amount of charges she was given by Barclays was less than what I was claiming. Even the bank can't get it right.

 

I sent her a copy of the statements after I double checked all of the charges, and my figure was bang on.

 

She called me back the next day, asking if I had sent the statements. It turned out that she thought that we were in court the day after, which explains why she called in the first place. Anyway, during the conversation, I asked whether my court fees and 8% interest would be included in the offer and she said an emphatic YES. She'll have to wait and see whether I recorded the conversation or not.

 

I've heard nothing since. Surprise, surprise. Roll on February.

[TANZARELLI]

Congrats Tanz, my court date is in Feb. My bundle has been delivered. All I have to do is wait for the offer.

 

Rebecca Connelly phoned me once asking me to send her a copy of my statements, as the amount of charges she was given by Barclays was less than what I was claiming. Even the bank can't get it right.

 

I sent her a copy of the statements after I double checked all of the charges, and my figure was bang on.

 

She called me back the next day, asking if I had sent the statements. It turned out that she thought that we were in court the day after, which explains why she called in the first place. Anyway, during the conversation, I asked whether my court fees and 8% interest would be included in the offer and she said an emphatic YES. She'll have to wait and see whether I recorded the conversation or not.

 

I've heard nothing since. Surprise, surprise. Roll on February.

 

Perhaps they are thinking we can hold out on this a bit longer, but it will come. From reading on this site you seem to get the impression that a lot of this depends on the local courts and how busy they are, which depends on when you get you date through, which in turn depends on how quickly you get your settlement. I know I am stateing the obvious, but I was just wondering if it would be worth trying to compile some sort of list of which courts people are using. But then again its not just the bank issue thats being dealt with is it.

 

Forget it, just thinking out load, if you like.

 

Good luck anyway

 

Tanz

[crshrimpt]

Tanzarelli (and all)

 

Just wanted to say that all your dealings against Barclays are fantastic. I have just been told that Barclays have filed a defence (Today). After following many instructions from other members i am now a little unsettled. (Im a tad worried that i might actually be appearing in a suit and tie, in court with a blank face and mind full of fear).

 

I am following your thread being that Barclays have taken a simular approach and have waited til the last day (before judgement) to file a defence. I would be ever so greatly if i could come to this thread to ask for advice as the proceedings of this case goes on. Would this be OK ?

 

My claim £2,200.00 (over the last three years of charges) - Barclays Bank

[genesco]

Hi Tanz, I have just posted this on my thread but thought I might post it on yours to see if you could advise me. my hubbys case has been tranfered to our local court bow.

 

Today hubby recieved Barclays application to set aside judgement this is what they say.

 

They want the default judgement to be set aside because judgement was wrongly entered.

Part C

We wish to rely on the following evidence in support of this application:

 

I am a legal assistant in the employ of the defendant (Barclays). I work in the Litigation and Disputes Department, where my responsibilities include administrating and managing claims made against Barclays.

 

I understand from Northampton County Court that the Default Judgement was entered against the defendant on the 27th November 2006, due to lack of response to the claim form. I believe that the judgement was wrongly entered because Barclays filed it's Acknowledgement within the relevant timw limit. Accordingly this is an application to have the judgement set aside under CPR r.13.2(b).

 

The claim was filed on the money Claim Online and issued on the 15th August 2006. Deemed date of sevice, according to practice direction - money claim online 5.8, is 5 days after date the claim is issued, which was the 20th August 2006.

 

The defendant filed its acknowledgement to this claim to the court at 10:49 on the 21st august 2006, on money claim online. A transmission report is appended to this part c. The defense was also submitted to the court online at 16:06 on 22 september 2006. A transmission report is appended to this part c. Although submission of defence was late due to administrative error, default judgement was not entered into between the time expiring and submission of the defence. Accordind to not CPR 15.4.3: " In Practice, if the time for filing a defence has expired but the claimant has taken no step to obtain default judgement and the defendant then files a late defence, the court office will accept the defence, file it and proceed as usaual so that the claimant will not now be able to obtain default judgement."

 

The Claiment applied to amend the particulars of claim, and leave was granted to ammend the particulars of claim on the 5 october 2006. A copy of this order is appended to tjis part c. The claim was only amended to increase the amount claimed by £908.78 and no amendments were made due to the substance of the cause of action. The defendant would have no reason to ammend the defence. Futhermore, no order was made to compel the defendant to respond to this amendment.

 

As a result, the conditions for obtaining default judgement set out at CPR r.12.3 were not satisfied and the judgement was therfore wrongly entered. CPR r 13.2 requiers the court to set aside a default judgement in such cases. Therfore, I humbly request the court to set a side the judgement.

 

WHAT SHOULD I DO NOW, I NEVER RECIEVED NO DEFENCE FROM THE COURTS FROM BARCLAYS, ALSO I SENT MY NEW AMMENDED CLAIMS FORM TO THE COURT ON 30TH AUGUST 2006, I WAS TOLD BY THE COURT ONCE I SENT THIS IN THAT MY FILE WOULD NOW BECOME A PAPER FILE NOT ONLINE ANYMORE. SO DOES THAT MAKE BARCLAYS CASE INVALID.

tHAT NEVER ACKNOWLEDGED THE AMENDED CLAIM LET ALONE DEFENDED IT.

i WAS ALSO ADVISED BY THE COURTS TO FILE A DEFAULT JUDGEMENT.

 

pLEASE CAN SOMEONE ADVISE ME OF WHAT TO DO NOW.

iF YOU READ FUTER UP YOU CAN SEE MY PROCESS.

[TANZARELLI]

Tanzarelli (and all)

 

Just wanted to say that all your dealings against Barclays are fantastic. I have just been told that Barclays have filed a defence (Today). After following many instructions from other members i am now a little unsettled. (Im a tad worried that i might actually be appearing in a suit and tie, in court with a blank face and mind full of fear).

 

I am following your thread being that Barclays have taken a simular approach and have waited til the last day (before judgement) to file a defence. I would be ever so greatly if i could come to this thread to ask for advice as the proceedings of this case goes on. Would this be OK ?

 

My claim £2,200.00 (over the last three years of charges) - Barclays Bank

 

No problem, i will be as much help as the next man. Feel free to ask questions.

 

Tanz

[TANZARELLI]

Hi Tanz, I have just posted this on my thread but thought I might post it on yours to see if you could advise me. my hubbys case has been tranfered to our local court bow.

 

Today hubby recieved Barclays application to set aside judgement this is what they say.

 

They want the default judgement to be set aside because judgement was wrongly entered.

Part C

We wish to rely on the following evidence in support of this application:

 

I am a legal assistant in the employ of the defendant (Barclays). I work in the Litigation and Disputes Department, where my responsibilities include administrating and managing claims made against Barclays.

 

I understand from Northampton County Court that the Default Judgement was entered against the defendant on the 27th November 2006, due to lack of response to the claim form. I believe that the judgement was wrongly entered because Barclays filed it's Acknowledgement within the relevant timw limit (i am guessing they didn't or you would not have claimed for default, how late were they). Accordingly this is an application to have the judgement set aside under CPR r.13.2(b).

 

The claim was filed on the money Claim Online and issued on the 15th August 2006. Deemed date of sevice, according to practice direction - money claim online 5.8, is 5 days after date the claim is issued, which was the 20th August 2006.

 

The defendant filed its acknowledgement to this claim to the court at 10:49 on the 21st august 2006 (surely then this is a day late?), on money claim online. A transmission report is appended to this part c. The defense was also submitted to the court online at 16:06 on 22 september 2006. A transmission report is appended to this part c. Although submission of defence was late due to administrative error, default judgement was not entered into between the time expiring and submission of the defence. Accordind to not CPR 15.4.3: " In Practice, if the time for filing a defence has expired but the claimant has taken no step to obtain default judgement and the defendant then files a late defence, the court office will accept the defence, file it and proceed as usaual so that the claimant will not now be able to obtain default judgement." Did you file for the default before they had entered their defence?)

 

The Claiment applied to amend the particulars of claim, and leave was granted to ammend the particulars of claim on the 5 october 2006. A copy of this order is appended to tjis part c. The claim was only amended to increase the amount claimed by £908.78 and no amendments were made due to the substance of the cause of action. The defendant would have no reason to ammend the defence. Futhermore, no order was made to compel the defendant to respond to this amendment.

 

As a result, the conditions for obtaining default judgement set out at CPR r.12.3 were not satisfied and the judgement was therfore wrongly entered. CPR r 13.2 requiers the court to set aside a default judgement in such cases. Therfore, I humbly request the court to set a side the judgement.

 

WHAT SHOULD I DO NOW, I NEVER RECIEVED NO DEFENCE FROM THE COURTS FROM BARCLAYS, ALSO I SENT MY NEW AMMENDED CLAIMS FORM TO THE COURT ON 30TH AUGUST 2006, I WAS TOLD BY THE COURT ONCE I SENT THIS IN THAT MY FILE WOULD NOW BECOME A PAPER FILE NOT ONLINE ANYMORE. SO DOES THAT MAKE BARCLAYS CASE INVALID.

tHAT NEVER ACKNOWLEDGED THE AMENDED CLAIM LET ALONE DEFENDED IT.

i WAS ALSO ADVISED BY THE COURTS TO FILE A DEFAULT JUDGEMENT.

 

pLEASE CAN SOMEONE ADVISE ME OF WHAT TO DO NOW.

iF YOU READ FUTER UP YOU CAN SEE MY PROCESS.

 

Hi I am not an expert on this so you would be well advised to seek further support from someone with a little more knowledge. However is it that Barclays had been dealing with mcol and you had been dealing with a local court? I am confused, did they not enter a defence? If so then it would seem that you are right in what you have done. If the court also advised you then this is prob right. It may also be that Barclays are trying to wriggle out of this because they have messed up with their legal admin. You could possibly phone the court and ask to speak tosomeone there. Personally i would PM one of the MODs for some clarification.

 

Sorry I have been a bit vague.

 

Tanz

[TANZARELLI]

STAGE TWO STARTS HERE

 

Hi all,

 

This has been playing on my mind for a while now, so have decided to do something about it. I have already had a successful claim from Barclays from Jan 2000 to present day, however I have now decided to go for stage two. I am going to submit a full SAR as didn't do one last time and want to see if its worth another claim going in, i'm sure it is. So will be sending SAR tomorrow rec delivery to get the ball rolling.

 

Happy days.

 

Tanz

[TANZARELLI]

Just of down the post office to post SAR to Barclays.

 

As well as this a letter is also being sent thanking Lloyds for their £750 payment which has been credited to my account, also to mention they still owe me £170.37 so I will be continuing with my litigation until that is paid. Oh and the interest is still adding on.

 

Sound as a pound.

 

Tanz