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    • why do you need adobe...use a pdf online website. all for now...no get reading up and do not miss your defence filing date no matter what. post it up in good time no!!    
    • Thanks all, especially the information about Kev! Yes, I'll make the mods you all suggest, especially the client bits (didn't realise it was a one man band). The only thing I'm not sure of, is the best way to "sign off", especially as the Keeper is not so keen to sign. So I'd much rather send it from our pet dog. BTW does anyone know about the landowners at Harlyn Bay? I did try to find out last year but couldn't find anything useful, and whether it is worth raising this massive cash generator scam with them. I'm guessing the landowners get a small percentage, so happy to go along with it?
    • I haven’t reply, so the hearing hasn’t been decided 
    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff. i bought it through HP store on ebay ..brand new. after 6 days of receipt i received an email from HP asking if i was happy... i returned an email saying no and that i want to send it back as it was faulty (the email served as a reminder for me to leave them good feedback lol...not as a genuine enquiry to actually make sure i was happy with as they didnt resolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spent days phoning and emailing them - even sent a recorded letter. at the beginning i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
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Ds V Barclaycard Litigation In Progress*won*


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Hi DS

 

I have had a look in Patricia Pearls book and can't find any forms as you mention! As you say maybe just a letter!

 

Guess we will have to wait untill they send the forms if there are some! Anyway well done! Let us know what the forms are.

 

Barclays have until 3.30 today to file in my case!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Hi Bicester,

N225 is the judgement form I think you are talking about, but if you did a MCOL surely you can just press the JUDGEMENT button. You must wait untill untill at least 10am the following day as the courts do not update that quickly. I feel pretty sure that they will put in the defence, last minute of course!

Good Luck, let me know how it pans out.

DS

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Still no news, and the court date draws nearer.

Willesden Court have such a backlog they may never deal with the Judgement before the court date.

The wait is getting to me now!!!

DS

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Hi

 

They filed at the last minute! Case has now been transfered to Oxford but with an order from the court saying no AQ. I wonder if they will go for a pre-trial hearing with summary judgment? This gets interesting!

 

Let us know what happens with you. No offer from the bank I take it?

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Hi Bicester,

No, GM and Barclays they certainly have not contacted me or the courts to date. I have already requested the Judgements, but I am not really expecting anything to happen before the court date. 30th April is not too far away now. Mind you our court is so far behind they seem to be in a right muddle the right and left hands do not know what is going on.

I will keep you informed, promise!!

DS

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Hi

 

They filed at the last minute! Case has now been transfered to Oxford but with an order from the court saying no AQ. I wonder if they will go for a pre-trial hearing with summary judgment? This gets interesting!

 

Let us know what happens with you. No offer from the bank I take it?

 

Bicester1

 

It's funny how different courts deal with these matters, did you use the new allocation questionare, as maybe this has made a difference to how the courts are dealing with these matters.

DS

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Hi DS one further point which is about judgment in default. This is taken from Patricia Pearls book page 55 and states:

 

"If the defendant does not respond to the court in time ,the claimant can apply for judgment in default by using the correct form[rule 12.4[1]. The form is supplied to the claimant when the court notifies the claimant that proceedings have been issued and served." [My bold]

 

I assume you have sent this form back? I don't see any such form with my MCOL, I assume as I can do it on-line as you say!

 

It is important to formally request judgment as if you don't by six months the case is stayed and they can enter a defence up until you request judgment.

 

Best wishes Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

Link to post
Share on other sites

It's funny how different courts deal with these matters, did you use the new allocation questionare, as maybe this has made a difference to how the courts are dealing with these matters.

DS

 

 

No the court order tranfering the case said no AQ to be filed!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

Link to post
Share on other sites

Hi Bicester,

The forms N225, is the forms you are speaking about and they do not fit the criteria. Gary has given me the letter to send which quotes the rules and the Judges directions and this I have sent to court. Confused I am one says send a form and another says send a letter, but quite frankly it was the Judges own directions that the defendants defence be struck out if they did not comply within the time given, this they did not do. It was the judge that said that he would grant a judgement, if they did not comply. My court date is now fast approaching on 30th April, so I am sure everything will get resolved then. By the way I did quote this rule 3.4(2)© of the civil proceedure rules, which was in my letter that Gary advised me to send. (Gary is one of the site helpers)

Regards

DS

 

ps It is strange regarding yours with no allocation questionare to be completed, have you found any advice on this site, what this means!!

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Have read of a few cases on Abbey forum where no AQs have been asked for and the courts are giving 5 minutes court time for these cases as percentage of these cases are not making it to court, no surprise there as the banks are paying at the 11th hour. Apparently some courts are getting fed up with the banks abusing the system so have by-passed AQs, hope this makes sense.

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Hi Doo, it is a pity that the courts time is being wasted at all, I am just about to go down the court route with Abbey, but it is over £5K so I am a bit unsure on how that will proceed. I am going to deal with this over the weekend.

DS

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Have just started a claim against Abbey for my brother, bit of a bad start though, sent the prelim off and used address in the stickys, sent it recorded and 2 weeks later had still not arrived, so sent another and guess what, that has not arrived, have now found out it is the wrong postcode, so have now got the correct address and have sent it off today - Abbey also gave me e-mail address so to make sure have sent it all last night and got an automated e-mail response to say it has been received. Claim is for just below £5,000.

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Hi

 

They waste the Courts time as they have no real defence! They can't say this tho. This I think is the reason for the courts dispensing with the AQs.

 

I have now seen a very good post describing an application for summary judgment under CPR24 which worked so I think I am going to try that!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Share on other sites

  • 2 weeks later...

Just an update to my thread, I phoned the courts this morning and both by Barclays and GM files are sitting on the Judges desk just waiting for the Judgement to be given against the Defendants.

They also gave me an email address for the Court manager, so I decided to write an email. So we will see if this helps move it along.

 

For the attention of the Court Manager

CLAIM NO's xxxxxxx(Barclays Bank PLC T/A Barclaycard) & xxxxxxx(HSBC Bank Ltd T/A GM CARD)

I have two cases where the Defendant's have not complied with District Judge Steels orders as directed and the Defendants have not served upon me its evidence, or any such documents, as was specifically directed.

I wrote on both cases to Willesden Count Court on 29th March 2007, advising the courts of the Defendants failure to comply and have requested that the Defence should be struck out in accordance with the Judge's directions and that I seek Judgement against each of the Defendants.

Would you please confirm as a matter of urgency, that Judgement has now been entered in both cases so that I can now enforce the debt owed by warrant of execution.

xxxxxxxxxxxx

Claimant

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No word from the courts, but yesterday I received a frantic call from D & G Solicitors acting on behalf of GM Card - my claim with them is the same day as Barclays. They have settled in full and sent me an email confirming and I have emailed back accepting, so on it's way!!!!

I thought I would give Barclays a call, someone called me back who apparently is looking after my case! - I told him that the case was due to be heard Monday a week, he said they would settle and that he was just getting confirmation from Barclaycard and he would email me. I told him that I would not sign a confidentiality clause and he said that they would not be asking for one any way. NO email has arrived yet, I also told them that they were in breach with the courts and that I had already requested Judgement. So we will see what turns up tommorrow. I expect they will just zonk the money in to my card and then withdraw my credit limit by that amount!

DS

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Good news then ds, hopefully you will get money soon, sometimes its worth making a phone call.

 

I myself got letter from cap one today but not offering me full amount, just charges, 8%, purchase interest paid and court fee, is about 1,000 short of what I am claiming so am just getting help at the moment and will write back tomorrow, they have until 4th to file defence.

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They will pay you in full Doo, just hold out. You will have to file the claim, they will put in a defence and promptly pay you. So it is just a matter of days not months.

Good luck and thank you for your wishes.

DS

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No word from Barclaycard's litigation team despite their promises, well it is their loss not mine as I will get that judgement. I emailed that Adrian St John late afternoon and I have told him in no uncertain terms that unless I receive a draft by Tueday for the full amount of my claim, I will see them in court and I will get the Judgement rubber stamped there and then.

Just a week to go.

DS

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I have received from the couts this morning a GENERAL FORM of JUDGEMENT or ORDER.

 

it states that Upon the defendant having failed to comply with para 3 of the order dated 29th January.

 

IT IS ORDERED THAT

 

1. The claimant do recover against the defendant the sum of £1852.22 together with court fees £220, total £2072.22.

 

2. The claimants claim for costs be considered at the hearing on 30th April at 2:30pm

 

Dated 13th April 2007.

 

So Barclays will now have to cough up.

DS

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