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Bookworm v Barclays - **SUCCESS**


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Hey, at least you guys have got court dates! I'm still stuck in no mans land waiting to hear back from the judge as to whether this stay can be lifted.

 

Anyway, good luck to all and hopefully a settlement will be forthcoming soon!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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I have got a court date of 8th September and have handed my documents into the court and to barclays but have received no documents in return which they are relying on, is it one rule for one and one for another or will they only be able to speak and refer to my documents if need be

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Good luck! I got my court date too... but ... I can't make it! I'm not even in the country! What should I do?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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how long do you think you waited for a court date

 

From an earlier post on my thread:

 

defence received today with AQ to be returned by 26/07.

 

And I handed it on the 26th on the dot, and got letter with court date on the 15th August, so what...3 weeks for to to get processed? Then again, it will differ from court to court, I suppose.

 

I can't make it! I'm not even in the country! What should I do?

 

Contact the court ASAP and tell them.

 

I have got a court date of 8th September and have handed my documents into the court and to barclays but have received no documents in return which they are relying on, is it one rule for one and one for another or will they only be able to speak and refer to my documents if need be

 

Contact the court to see if they have received anything, and what is the procedure if they haven't. Either way, let them know YOU haven't, even though the judge had ordered that you should get a copy as well, as it will not sit well with him that the solicitors didn't obey his orders. No point in playing nice when you can fight dirty. :mad:

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Re I can't make it! I'm not even in the country! What should I do?

 

Thanks Bookworm. I called the court yesterday when I had been given the 1st date, and they basically said "shame. Ask someone to come in your place"! But, when the 2nd arrived today for the SAME DATE, I tried again... They are calling me tomorrow.. I hope they change it. They kind of gave me the impression that they don't....

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

Hi Bookworm (me again, sorry)

 

I noticed that the Judge in your case ordered disclosure. Following your advice in my thread I also requested disclosure when returning my AQ.

 

I've now received a letter from court saying,

 

with reference to the claimant's allocation questionnaire, Part 31 blah blah blah disclosure does not apply in the Small Claims Track.

The Court therefore is unlikely to order standard disclosure.

However, if there are any particular documents or class of documents that the claimant requires then consideration can be given to such a request.

A response is required by 4pm on 12 September 2006 following which directions generally will be given.

Did you list which documents you wanted to see in your disclosure, do you know what documents I need to request?

 

Any good advice from the vast vaults of the Bookworm mind?

:razz:the winner takes it all :razz:
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Bookworm

 

Im putting together my bundle of evidence and the only thing I cant find is something good about the two case

 

Dunlop tyres and Macalpine.

 

Theres lots on the internet but its all writtren by law firms who have their own agendas. Do you know where I can get a document with just the decision and details with no opinions that I can use as evidence.

 

FYI Mr Jerimiah is on his hols until the 11th Sept so whats the chance of him submitting his evidence by the 12th

 

nil

 

Good health

 

Rog

7 actions in progress

 

amount refunded so far £6500

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  • 2 weeks later...
Guest lobster

this thread has answered all my questions thank you...will do my court bundle...thanks to bookworm...lol have to submit mine by 27th sept hearing is on 27th october...under woolwich forum

got my court hearing well quick...great...not many crims in shrewsbury...thank god ...ha ha

got two with barclays/woolwich one in small claims and other in fast track...bring it on want to prove to o/h that i will get money back..when i do will spend it on myself!!!!!!!!!!!!!!!!

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I took my bundle of documents by hand to Barclays E14 address just to make sure it got there

 

If you want to know where all the charges go look no further. The place is massive and the word plush dosnt do it justice.

 

About 6000 people work their according to one of the many security guards.

 

Nice to see where the money goes

7 actions in progress

 

amount refunded so far £6500

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Anyone wants to place bets on the settlement date?

 

1st November, 4pm :)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 1 month later...

i have the small claims book, which explains the mechanics of going to court, and i think i have evidence sorted, however how do u put the information in front of the judge without looking a prat, and how do u remember everything

18/10/06 sent lba for current account

18/10/06 claim issued against NatWest for £2,495.00

30/09/06 O'Neill V NatWest - declined offer of £1216.00 sent responce to settlement letter

30/09/06 O'neill v Woolwich plc mortgage account sent Data Protection Act notice for not replying

30/09/06 Oneill v citifinancial sent S.A.R - (Subject Access Request)

30/09/06 O'neill V Capital One sent S.A.R - (Subject Access Request)

 

If u can do it, SO CAN I!!!!!!!!!!

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How are you feeling Bookworm ???? are the nerves holding out ?

 

If they do push it to 1st Nov at 4pm as Barracad says I think you should sue for booking the day off work..............

 

What usually happens now, do they just put the funds into your account or send a letter in the nick of time ???

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Nice idea, Lizzy, but I'm a stay-at-home mum...:razz:

 

Nerves are fine. If we make it in court, it will be the second time in 1 month, it's going to be like a bl**dy home from home soon!!!

 

As for what they do, I don't know, this is my first time with Barclays! There's a thought, I'd better check my bank account 1st thing Thursday am, just in case! :-D

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I hope Barclays know what they are letting themselves in for taking you on BW!

 

Have they heard your battle cry? How does it go?

 

IT'S MAAAAAAAAAHH MONEY!!!!!!:eek::D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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bookworm, can u tell me what u will say to the judge should u have to defend, and what r u using for evidence and how will u make your point?

 

cheers

18/10/06 sent lba for current account

18/10/06 claim issued against NatWest for £2,495.00

30/09/06 O'Neill V NatWest - declined offer of £1216.00 sent responce to settlement letter

30/09/06 O'neill v Woolwich plc mortgage account sent Data Protection Act notice for not replying

30/09/06 Oneill v citifinancial sent S.A.R - (Subject Access Request)

30/09/06 O'neill V Capital One sent S.A.R - (Subject Access Request)

 

If u can do it, SO CAN I!!!!!!!!!!

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