Jakena Vs Barclays**won**

[Jakena]

Ok thanks, I will save that for the hearing date if it gets that far. I don't suppose there is a template on here for a contents page or anything for the information I am handing in just so that the court know that this information is to be added to my claim?

 

*edit* Oh its ok, think i've found it. Thanks for your help.

[Jakena]

Ok barclays now has almost a month to hand their's in and then another couple of weeks until the court date, I'm hoping they don't bother handing their stuff in.

 

Also I have started a claim for my boyfriends bank account. They haven't answered the first letter and the LBA they only have a couple of days to respond to that. I have restarted a claim for my LLoyds TSB account too on the same timeline and they haven't responded either.

[Jakena]

Ok, I've been trying to phone barclays on the contact number I have of 0845 3004028 to ask them if they are willing to settle early before the court date yet, and all I'm getting is an answer phone message of "Sorry your call cannot be taken at the moment, and you cannot leave a message" Does anyone know of another number I can call about my claim where they will know what I'm talking about?

 

Also, on another note, I have started a claim for my boyfriends account and all he's recieved is a letter saying they are investigating and will contact him with a full report or update within 8 weeks this is after the LBA. So I guess I ignore this and put in a claim as the next stage too?

[GuidoT]

I cannot help you with a number.

 

Yes ignore the 8 weeks and stick to your timetable.

[dickeggsy]

try this one 020 7116 5634

[Jakena]

ok, I phoned them. Someone just said that they would contact me 2 weeks before the court date to try and reach a settlement. I don't see why they couldn't do the same thing now. 2 weeks before the court date is when they've got to hand in their evidence and stuff so I guess I just wait and see if they hand it in.

[Jakena]

Barclays should have entered their defense by yesterday, so I phoned up the court to see if they had, and they said they are currently a week in arrears with all the work, so couldn't tell me if they handed it in in the last week, but up until a week ago, they hadn't. They did say I could go ahead and enter judgement anyway, and if its the case they hadn't entered a defense then that would be it, otherwise it would go to the court date which is April the 19th. So do you think I should enter Judgment anyway?

 

I also phoned up barclays to ask them if they had submitted their defense, but they couldn't/ or refused to tell me by saying that an automated system would have made sure it was done but in person they couldn't say as they have a team working on all the cases and they are also backlogged. So I asked them whether they were willing to come to a settlement as the court date was only two weeks away and they said they didn't believe me when I said it was only two weeks, they usually have more time after handing in the defense deadline to the court date, but I said thats what the draft order states. They just said well if thats the case, someone will contact you soon about reching a settlement. They weren't willing to discuss it right then on the phone with me and wouldn't even take my claim number to have a look.

 

So I guess I should enter judgment anyway, but just in case their defense is submitted, make sure I have my court bundle ready?

[Jakena]

Any advice please?

[Guest Mumofthreeboys]

Any advice please?

 

Yes, I suggest you have a read of this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Sorry, wrong link - I meant this one!

[Jakena]

I'm sorry, I don't understand.

I don't know if they have filed a defense or not due to both the court and the bank being in arrears with cases. Is the N1 form entering judgment and do I get it from the court?

[dickeggsy]

the same thing happened to me , they never got their bundle in by the time stated in the directions.

i then requested judgement by filling in a n225 form(think thats the number)which i downloaded from the internet.

when the form went in i phoned barclays to tell them i had requested judgement by default , they realised what had happened and paid up straight away.

i suggest you phone them and tell them you are requesting judgement today.

[Jakena]

Ok, I don't know whether they have handed their form in or not, the court can't tell me for another week, but I guess I can do that anyway.

 

Do you know where I would download the form from to enter judgement?

[Jakena]

Ok I got a general form of judgment order from the court this morning. Does this mean the court has given them an extra week to hand their defence in? It says :-

 

Before District Judge ****** Sitting at ******* county court (address)

 

Upon the courts own motion. The court has made this order of its initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it

 

It is ordered that

 

1 The defendant has failed to file witness statements and/or copy documents as ordered by the court.

 

2 The defendant do by 4pm 11-April-2007 file and serve all copy documents/witness statements (including a statement of their own evidence) by 4pm 11-April-2007 or their defence be struck out and the claimant may enter judgment.

[dar£n]

you know what will happen here...

B's will enter their defence at 3pm on 11/04/07.

 

Nice for you if they miss it though.

 

 

But...... I wouldnt be surprised if they entered it on 12/04/07 the judge STILL allowed it

[GuidoT]

This is very good. Dar3n this is not the defence, but essentially the trial bundle.

 

Barclays are very unlikely to file the documents, the judge has given them one final chance. On the 12 April 2007 complete the form to enter judgement. Unfortunately I have not entered judgement before so I cannot help with the procedure.

 

You are nearly there now.

[Jakena]

Ok thanks. I will wait for 4pm to pass on the 11th then. I really hope the court can tell me if they have entered their court bundle or not, as last time I phoned, they couldn't tell me.

 

Now if someone can help me with entering judgement. Can I do it on the internet or do I get a form from the court itself and fill it in?

[Michael Browne]

N225 from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=D6627515E8EDE0EE6C740F28F9B923A5

[GaryH]

Which court is it Jakena, just out of interest?

[Jakena]

Kettering County Court. I haven't seen any other references to it on here in passing yet.

[Jakena]

OK, I phoned Barclays up again today telling them that they missed their draft order deadline, and they've been given one last chance to hand in their whole court bundle by tomorrow else I can enter judgement. However they still didn't want to know. I asked them whether they were willing to reach a settlement yet and they still said that someone will contact me shortly about it, and they still said they were backlogged in cases and couldn't tell me whether they had handed in their bundle yet. They wouldn't even take the claim number off me.

 

So I guess all I can do now is wait for the deadline tomorrow and then phone up the court to see if they handed in their bundle or not.

[dickeggsy]

are they dumb or what.if they don't get their evidence in etc you have won.

they have ignored the judges directions and you will be able to obtain judgement by default.

phone the court on the 12th and if they haven't got their bundle in take the form into the court by hand if you can (thats what i did , it's quicker than posting)and wait till you get a judgement from the court (takes about a week).

then ring barclays and politely tell them you have obtained judgement by default as they should have heard from the court as well , and listen to them cringe with embarrassment:-D

[Jakena]

Well I phoned them back this afternoon, and stressed that I wanted to speak to the person dealing with my case. This time I got more joy.

 

They took my claim number and popped me through, then the guy (I can't remember his name but he was really nice and friendly) said that he'd had the general form of judgement or order sitting on his desk and he was really surprised it had gotten that far.

 

He was glad I called because he couldn't seem to find any contact details for me and I think he said he didnt want it to go as far as me entering judgement.

 

He settled in full, he's going to e-mail a form to sign, I just have to scan it, send it back in e-mail and he'll transfer the money into my account tomorrow. Then I just have to call the court and tell them that they've settled in full.

[Michael Browne]

You don't have to sign their form, send your own:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[Jakena]

Well I said I would sign their form on the phone, but they didn't say what would be included in it. Its only a week before the court date, and they only have 1 day to get their court bundle in. If I don't agree to sign their form with conditions then they won't put the money in my account tomorrow I take it? I never thought to talk about the conditions they may apply when I phoned them.

[Michael Browne]

If I don't agree to sign their form with conditions then they won't put the money in my account tomorrow I take it?

Yes they will.You make the conditions, they don't have any choice.