Poppy11 v Woolwich

[Michael Browne]

I think that I should still include all the above as they support my statement

They're probably not essential, but won't do any harm.

but am I correct in thinking that the items referred to in item 4 are what is covered in the Court Bundle

Yes and this is good news, ie the judge knows Barclays won't comply with the Order and this means it's hiighly unlikely you will have to submit the Court Bundle, thus saving ten trees and 3 ink cartridges!!!

[poppy11]

Thanks guys, just as I thought. I also got my court date through today for mid May (1 month after Barclays have to file and serve their response) feels like light years away but I know that there is an end in sight

[poppy11]

Hi can someone just confirm hich OFT report for April 2006 I should be sending, there are several and the one my moneys on is the main report entitled Calculating Default Charges for Credit Cards, is this right or is it the Consumer Summary that I need to send.

 

I am just comiling the direction order and would like to get it sent of ASAP ( I do have till the 17th though..early bird and all that)

[e28bigalbexley]

Hi Poppy

I think this may be what your looking for http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

 

AL:)

[poppy11]

Big Gold Star for you Al, thats the one I thought it was

[poppy11]

Daft question, but i am a very organised person and like things just so...therefore would it be ok to submit my items as per directions order in a report folder (hole punched and fixed in) as I am paranoid that they will be misplaced etc..

[Michael Browne]

Don't see why not.

[poppy11]

Just a quick update, I have today sent by recorded to both the court and Barclays the documents requested by the judge in his directions, Barclays now have till the middle of April to reply, so will just have to sit and wait for a while now

[poppy11]

ho hum..still sitting and waiting...

[poppy11]

Okay so I have phoned Barclays and spoke to a nice guy called Paul, who was very helpful but was basically told that as my court date is not till May I wont be heraing from them any time soon, I did explain that they had to comply with directions by mid April or there defence would be thrown out and he assured me that Barclays would definatly comply with the directions...after I had put the phone down I did have a bit of a titter about that statement

[e28bigalbexley]

Hi Poppy

Yes thats Barclays for you they will take it to the end of the line.

Best thing to do is carry on as you are and at the begining of May (OR WITHIN 2 WEEKS of the court appearance) give them another ring.

Still the call was worth it, Nothing ventured ect.

You will be quids in soon. See you in the Carribean

 

AL:)

[poppy11]

Ok, I used the new strategy for AQ's and Barclays have until 14th to submit there response to the order issued by the court to myself and the court or there defence will be thrown out, looks like they are going to take it to the wire and not respond...if they dont what action do I take next??

[e28bigalbexley]

Ok, I used the new strategy for AQ's and Barclays have until 14th to submit there response to the order issued by the court to myself and the court or there defence will be thrown out, looks like they are going to take it to the wire and not respond...if they dont what action do I take next??

 

RING:D

 

AL X

[poppy11]

Ok as per number 35..guess who never complied with their directions..today was their last day to respond and Mr Postman brought me nothing

[e28bigalbexley]

Hi Poppy

Its nice when they get things out on time, but they are so busy (banks & courts) they cant keep up. They will reply, to the court, if you want a copy of their AQ you will probably have to phone the court.

 

Still weathers lovely, dont forget the tanning lotion, and a nice chilled bottle of wine:-D

 

AL:)

[poppy11]

hi its not their AQ i am waiting for, when I submitted the AQ I also enclosed the draft order for directions the judge gave Barclays till the 14th April to disclose costs etc or there defence will be thrown out so I guess I can look at seeking a judgement on Monday

[poppy11]

Just a quick update..I will very soon be changing my title to Won!!, I spoke to Barclays today was asked when my court date was (May), given the old we wont settle until 2 weeks before then I mentioned that I was going to be posting a letter filing for Judgement as they had failed to follow the directions ordered by the judge. The lovely man on the phone said oh well we will settle in full now, you will have an offer letter by Monday

[e28bigalbexley]

Well done Poppy, you stuck it through till the end, and you won.

Well Done :D

 

AL:)

[poppy11]

Ok offer letter never arrived so I filed for judgement on Thursday

[poppy11]

I need help....received my offer letter yesterday, am sure its a bog standard template as I am referred to as Mr etc.

My query is the offer is short of £160 and they wish to pay the settlement into my barclays bank account but I have firmly stated on severl occasions that I would like payment by cheque (it would clear my very large overdraft and I have a sneaky suspicion that my overdraft will be cancelled when the money is in the account) they also want a copy of the letter that I will be sending to the court to say that we have reached a settlement.

I know that all these issues have probably been dealt with before but if anyone can point me in the right direction I would be very much appreciative.

[e28bigalbexley]

Hi Poppy

I believe, and i am sorry to have to break the bad news, that if you have an overdraft they can, and most probably will, pay your refund into the account to clear your overdraft. .

As for the extre £160 did you incur these charges after going to court, if you did the best thing to do is claim it seperately with a new claim.

Sory its not all good news.8-) .

 

AL:)

[poppy11]

hi, no the £160 was part of my original claim so am peeved that to the last they are still trying to cream some off the top.

I know that they probably will pay the money into clear it but its still worth asking, as I know from reading on here that people hav managed to be paid by cheque so there accounts dont eat all the money up before they can enjoy it.

I sent them a nice letter, that was really polite however my court date is on Tuesday and I have still to hear from them and the court (I did file for judgement but have heard nothing)

[Delboy01]

Regarding the clearing of overdraft, I thought they had to give you notice to clear your OD, I would go for judgement reject the offer inform them you have other debts to clear, make this clear to the judge also that the offer was not satisfactory to because of shortfall and method of payment

 

I may be out of my depth here but you are in the driving seat, dont take your foot off the pedal !!

 

You have nothing to lose if the judge doesnt agree with you and the potential for woolies to change their mind and give you time to clear your OD.

 

DELBOY

[poppy11]

Well, I am getting ready for court on Tuesday, have written, emailed and rang barclays and have had no response out of them at all. I am a bit stressed and nervous and not quite sure what to take as I had complied with the direction order already, so will just print off th court bundle and take it in (they already have statements, schdul of charges and statement of evidnce)

Debating whether to ring the court in the morning as I had applied for jusdgement but again have heard nothing from the courts.

[e28bigalbexley]

Hi Poppy

Well i would most definatley ring them again, who did you speak too last time you rang?

If you do go to court, when you get there inform the usher of your attendance and ask if anybody representing the woolwich/barclays has arrived, if not ask the usher to direct them to you if they do show. And although it may seem traumatic it really isnt.

Apart from normal everyday niceties (hello, your name and maybe call the judge sir/madam) the judge knows your likely to be nerveous and will probably put you at your ease. And if they dont send a representative you have the judge all to yourself, so you can put the basis of your claim to him without interuption.

If you have'nt got them already, these are the basis of your claim.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html

 

Come on girl your almost there, by Wednesday you will wonder what all the fuss was about.

 

Chin up Poppy get the champers on ice:D

 

AL:)