Online Court Claim - Particulars of Claim

[abjohnson]

Hello,

 

I'm starting my court claim against Barclays Bank, I received an offer of less than half the amount claimed and obviously this isn't good enough so i'm taking them all the way.

 

I need a bit of advice though, i've used the paragraph in the user guide section of this website to show account number, amount claimed etc. (with 8% interest)

 

I've read on some other threads that this in itself might not be enough information so could anyone please advise me on what else may need to go in the particulars of claim. I want to be sure that they know i want the money in full by cheque and not to pay off my overdraft, can i also put this at the end of the particulars of claim?

 

Any advice would be useful, thanks.

[bmw323i]

Hello,

 

I'm starting my court claim against Barclays Bank, I received an offer of less than half the amount claimed and obviously this isn't good enough so i'm taking them all the way.

 

I need a bit of advice though, i've used the paragraph in the user guide section of this website to show account number, amount claimed etc. (with 8% interest)

 

I've read on some other threads that this in itself might not be enough information so could anyone please advise me on what else may need to go in the particulars of claim. I want to be sure that they know i want the money in full by cheque and not to pay off my overdraft, can i also put this at the end of the particulars of claim?

 

Any advice would be useful, thanks.

 

I would just stick to the template in the library. The court only needs to know the particulars that your claim is based on.

 

If you want to be paid by cheque and not into your account then you would have to request this when you discuss settlement later on.

 

Hope this helps

 

Emz:D

[abjohnson]

Thanks very much, just wanted to be sure before continuing, putting the claim in now.

 

Let me check i have this right, they have 14 days to acknowledge the claim otherwise i can apply for a judgement and if they do acknowledge then they have 14 further days to enter a defence?

 

I'm claiming for £1171 altogether (court fee included), does anyone think the amount make a difference as to how quickly they settle?

[bmw323i]

Thanks very much, just wanted to be sure before continuing, putting the claim in now.

 

Let me check i have this right, they have 14 days to acknowledge the claim otherwise i can apply for a judgement and if they do acknowledge then they have 14 further days to enter a defence?

 

I'm claiming for £1171 altogether (court fee included), does anyone think the amount make a difference as to how quickly they settle?

 

Yes, thats correct, if they acknowledge then they get 28 days from date of service, and dont expect a defence until the last day.

 

Barclays always drag their heels, whatever the amount claimed. Its just stalling tactics, hoping youll get bored or scared and back out. Stick with it and youll be laughing all the way to the bank (not barclays obviously lol).

 

Emz

[abjohnson]

Yeah hopefully! Thanks again, i will keep this thread updated as and when barclays make the next move.

[abjohnson]

Hello, I put the MCOL through on Sunday 4th December, have today received a confirmation letter from the court that the claim has been processed and is deemed as being served on the 9th December, giving Barclays till the 23rd December to acknowledge.

 

Strangely it says on the letter that the case is to be dealt with by Northampton County Court, but i live in Preston, Lancashire, do you think this is an error by them or is it normal to be so far from home?

 

Thanks for your help,

 

Hope for settlement quickly but looking at the other threads will be a good few months! never mind....

[abjohnson]

I mean Sunday 3rd December!!! Sorry....

[Spotted Dog]

MCOL uses Northampton as its base. Your case will get transferred to your local Court. MCOL will advise you on this when the claim is acknowledged by Barclays.

 

Spotty

[abjohnson]

Thanks for clearing that up, will keep everyone informed.

[abjohnson]

Hi, just a quick update, I put the MCOL through on the 4th December. The court sent a letter saying it would be registered as served to barclays on the 9th December.

 

Barclays acknowledged on the 18th December, but as yet have not entered a defence, they have until 6th January to enter one. I'm sure they will, fingers crossed they don't but no doubt they're leaving it till the last minute.

 

Will keep you all informed, happy new year to all, hopefully in a few weeks a very happy new year!

[abjohnson]

Hi, the date of defence has now officially passed for barclays, they were served with the MCOL ON 9th december and had until i presume midnight on the 6th January 07 to put in a defence.

 

Should i start a judgement now or am i better off waiting a few days first?? Any advice would be greatly appreciated.

[abjohnson]

Hi, is anyone able to answer my query?, the 28 days have passed yesterday for Barclays to enter a defence. Should i start the judgement now or am i better off waiting?

 

Just checking as i know they usually wait till the last minute and it may not have shown up online yet.

 

Thanks,

[abjohnson]

Barclays defended and we've received the court pack through the post with the allocation questionnaire, we will read the FAQ's on here and send it straight to preston court! We were hoping for a quick settlement but i guess it's gonna drag on for a while yet! Will be worth it in the end i'm sure.