Ds V Barclaycard Litigation In Progress*won*

[TUTTSI]

Thanks Doo, I agree with you.

DS

[Bicester1]

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

[TUTTSI]

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

[TUTTSI]

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

[Bicester1]

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

[TUTTSI]

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

[TUTTSI]

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

[Bicester1]

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]

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

[TUTTSI]

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!!

[doo]

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.

[TUTTSI]

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

[doo]

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.

[Bicester1]

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!

[TUTTSI]

Hi

Anything is worth a try. I feel out of my depth thou, with all this court malarky.

DS

[TUTTSI]

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

[doo]

DS, sounds like the court are being helpful, lets hope they see sense and get this sorted for you quickly - will keep watching.

[TUTTSI]

Thanks Doo, I appreciate your support.

DS

[TUTTSI]

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

[doo]

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.

[TUTTSI]

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

[TUTTSI]

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

[TUTTSI]

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

[mariejader]

Just read your topic well done,

[Robdblynd]

CONGRATULATIONS.

That is seriously good news, I'm so pleased for you.

 

Enjoy the rewards of all your hard work.

 

Best Wishes,

 

Tricia.