jakester v Barclays

[jakester]

Hello,

 

I have a couple of questions & would be gratefull if anyone can help me out. I've been reading the forum for a while & have recently gone through all the processes to claim back £2025 & I must say thanks to everyone who has in any way contributed to this site. I was initialy offered £825 which I politely turned down unless it was part of the full payment & so have now filed a claim at moneyclaim (6/11/06). My charges have been predominantly for going over my agreed overdraft limit and today I received another 2 charges against my account for the same reason both at £30 (I thought the bank had to reduce these now?) Is there any way of adding these to my claim?

 

My second question is that when I started this procedure a few months ago I didn't realise how long it would take, I am now in a position where in january I am not only moving house away from this area but I will be going to france for 4 months. So my queeries are 1. Will I be able to conduct the rest of my claim from another country, if so, what do I need to prepare before I leave & 2. Will the fact that my address will be changing affect my claim at court in any way?

 

Any help would be greatly apreciated.

 

 

Thanks Jake

[GHeyes]

Hi Jake,

 

I am emigrating to Australia in ten days and am in a similar problem, as far as I am aware, we can delegate someone else to handle this if it ends up going to court but thats all i'm aware of. I think tho, as long as we can get our letters redirected or get our addresses changed to say our parents, we can then do everything throught them. i.e. they can open our letters for us and we can sned the replies ouselves. If you know someone who has a scanner they can scan you copies of everything you need too.

[jakester]

Hi Gheyes,

 

Cheers for the reply, I was wondering how you inform the court of your change of address & what happens if you get a court date? Do you have to attend in person or can your friend/relative attend in your place?

[jakester]

Hi,

 

If anyone could help I will be forever in their debt, this is becoming highly stressful & I really don't know what to do? I have gone through the whole process & claimed online at monyclaim for £2025 the claim was served with barclays on the 13th november and the acknowledged the claim giving them by my calculations till the 11th december to file a defence. On the 12th of december my monyclaim still hadn't changed so I requested a judgement & added interest up to today. My moneyclaim now says my request has been rejected and 'Defence(08/11/2006)' appears under the claim menu. It says they dispute the full amount and I cannot continue with this claim online.

 

I really haven't got a clue what to do now? I am also in the position of moving house in this country in a week and moving to france in january for 3 months. I really could do with any help anyone could give.

 

Thanks

 

 

[Spotted Dog]

I am not 100% certain but I think you should find that Barclays have entered a defence and your claim will have moved to your local court.

 

I believe there is a help line for MCOL

0845-601 5935

Try giving them a ring and see if they can tell you exactly what has happened

 

Spotty

[Guest ian cognito]

Yes I think Spotty is right on this one, the claim will now be transferred as a defence has been entered at the 11 th hour (or possibly later) typical tactics I'm afraid and again they are allowed to get away with it.

[jonni2bad]

Fear not - this is the game. Online claims are only "online" until either a Judgment in Default or a defence being entered.

 

You will shortly receive a copy of their defence and an Allocation Questionnaire from the court.

 

When this happens, come back to us for advice on completing it.

 

By the way, expect their defence to be an elongated version of "it's all YOUR fault, we've done nothing wrong and we will happily see you in court".

 

For the record, it's not - they have - and they won't.....

[jakester]

Hi everyone,

 

thanks for the speedy reasurance, I thought I must have filled something in wrong & messed the whole thing up at the last hurdle! So...when I receive the Allocation Questionnaire is this when I return my court bundle or should I prepare that and send it to the bank straight away? Do you know how long after the Allocation Questionnaire is returned the court date will get set & if it's a matter of urgency to reply as I'll be in France so all my post is being re-directed to my friends house.

[jakester]

Hello folks,

 

So I got my Allocation Questionaire today, I was pretty surprised at how quick it came to me. And just as predicted by jonni2bad their defence made me sound a very naughty boy. I haven't checked yet but was going to look in the library for a template to help complete this. Is there any other info I need to fill this in? Do I also need to prepare my court bundle when I send this back or do I wait?

 

Cheers

[Milo19]

The template in the library is really good. I used it with mine, and came to no problems. Just remeber to ask for a full disclosure, but remember to edit it so it from you, as I think the one in the template is past tense - or something like that any way.

 

Come back if you have any probs.

As for the bundle, they will ask you for that either after the date has been set or when they advise you the date has been set - but certainly start getting it prepared!

[jakester]

Hello,

 

So I filled in the Allocation Questionarre and sent today. I'm now in the process of getting my court Bundle together. Do I need to include all my statements covering the whole period or just each statement that shows a charge & do I need to include anything else? I'm off to france in a weeks time for 3 months so have had all my post redirected to a friends house who is going to keep me up to date with any correspondence but I was wondering if anyone had any idea of the timescales from this point on in case i need to return from france to appear at court, is this likely?

 

Thanks everyone

[jakester]

Hello, could really do with some advice from someone if they have time as I'm panicking again & still could do with some help for my previous questions.

 

I'm preparing any paperwork I may need to leave with my friend, I will leave him with the 3 copies of the court bundle & addresses to send them to. Is there anything else he may need whilst I am out of the country? I've also read a couple of other threads where people have called the bank after sending the allocation questionarre and settled over the phone, is this advisable?

 

Also many people have said barcleys have phoned them with an offer a few days before the hearing, if they ring my moble & get a foreign ringtone will they maybe just risk it? Or am i being paranoid?

 

Cheers

[jakester]

Hi if anyone can help with my previouse questions? Sorry, i'm really worried & haven't had any responses to them, do i need to start a new thread to get someone to help?

 

If it does go to court is there any way of someone else representing me?

 

 

Thanks

[jonni2bad]

I presume that on the Allocation Questionnaire you indicated that you were unable to attend any hearing in the months that you will be away?

 

If so then a hearing will not be set until after this time.

 

If you didn't then you need to contact the court to make them aware.

[jakester]

Hi Jonni,

 

Thanks for getting back to me, I'm away for 4 months, I presumed this would be too long to postpone the hearing? I can return from france to attend the hearing but only with enough notice. How much notice do they give, all my post will be going to my friends house who will inform me imediately of any developments. Is this wise or is it a better plan as you say to contact the court and arrange for a date to be set after?

 

Thanks again

 

Jake

[jakester]

Sorry I must be becoming a pain, I'm a terrible worrier & I've also been reeding in other threads about standard disclosure? I filled in my allocation questionarre using the template in the library but don't ever remember addiing anything about standard disclosure, Is this a mistake on my part?

 

Cheers

Jake

[jonni2bad]

1. If you can return for any possible hearing then there's no problem. The court will set a date for a hearing, usually with about 2 months notice, certainly not far less....

 

In all likelihood there will be no hearing to attend, but best to plan for one.

 

2. The AQ does not have to ask for disclosure, it is just a possible bonus. The guide in the Library does include a block of text that can be added, but don't dwell on that.

[jakester]

Hello,

 

So, i'm now in france and through my friend have just received notice that my court hearing will be heard on the 7th february in Leeds along with a load of other similar cases. Do I need to send my court bundles now to both the court and bank If so do I send the barclays one to the address i've been using till now (1 Churchill place) ? Is there any ID or anything I need to take to court with me or do I just turn up. Does anyone have any idea how barclays normally aproach these hearings, will it be the day before that they contact me? I'd best book some flights in case i need to turn up!!!

 

Thanks

[Spotted Dog]

From my recent experience, (I have been paid in full), after sending your bundles to the Court and Churchill Place, Barclays will contact you to settle. If you dont hear from them within 10-14days- then you can give them a call or an email.

They need to settle out of court. They will NOT go to Court. They cannot afford to lose billions.

Even if they screw up and it gets to the Court date, you will be the only one there.

 

Spotty

[jakester]

Cheers spotty,

My friend has posted off my court bundels today so i suppose I just wait now. If I do ring them, who should i ring/email & what should I say?

 

Thanks for all yer help

 

Jake

[jakester]

Cheers spotty,

My friend has posted off my court bundels today so i suppose I just wait now. If I do ring them, who should i ring/email & what should I say?

 

Thanks for all yer help

 

Jake