Ware v The Woolwich/Barclays ***WON***

[saracen01]

wrote to them on 2nd January, gave my contact numbers and still nothing from them, what do I do now

[saracen01]

I issued a MCOL against Barclays on 1st December, deemed served on 6th December, no acknowledgement or defence was entered and I requested judgement on 22nd December. Following xmas and the new year, I checked on 2nd January, when it said that a warrant could be issued, so I wrote to Barclays giving them 4 days to pay, they would have been less kind, I have just spoken to them on the phone to discover that they are backtracking and saying that they entered something but it is the fault of the court that it wasn't put onto the file.

 

The court are having to look into this and possibly get back to me today, but I am a little miffed to say the least. Barclays had contact numbers for me and didn't even have the courtesy to call and say what had happened.

 

Anyone know what happens now.

[e28bigalbexley]

wrote to them on 2nd January, gave my contact numbers and still nothing from them, what do I do now

 

Find a comfortable chair, cross every thing you can and Wait:)

probably not very helpful but what more can you do:confused:

 

AL;)

[saracen01]

Called MCOL after the conversations with Barclays, they advised that they would look into it and call me back, which they did. It appears that Barclays faxed them something yesterday to prove that they sent something to MCOL, but the court is unable to find it, but said it could be human error, just my luck!

 

They advised that it has been passed to an Executive Officer to check, and that she will call again tomorrow. Now I know this is a little untrusting, but if they have faxed through a copy of an email, how do i know it wasn't doctored.

[e28bigalbexley]

Now I know this is a little entrusting, but if they have faxed through a copy of an email, how do i know it wasn't doctored.

 

'What one of the cornerstones of our financial banking empire allegedly doing something unlawful:confused: '

 

AL:)

[paddym]

Saracen are trying to say that an institution who took your money unlawfully would stoop to such levels as doctoring a document ? lmfao

[saracen01]

My hubby recorded the Money Programme's Bank Robbers onto our hard drive and so is able to download this onto DVD.

 

Now, can I include a copy of this in my court bundle along with everything else.

[Bookworm]

Not a good idea, most courts are not equipped to deal with non-paper evidence. Besides, a 1/2 programme might be too long for the length of the hearing.

 

Better to transcribe the quotes you're interested in, and include those quoting their source.

 

 

Oh, and 4 threads merged. Please keep to one thread per claim, much easier to follow.

[saracen01]

Following a mistake by MCOL and the judgement going through, then apparently from no-where Barclays were able to say that they had sent in an acknowledgement of claim, the judgement has been set aside and I have now been sent my questionaire. Now hubby is panicking!

 

I sent a Particulars of Claim together with the schedule of charges to both Barclays and MCOL, but Barclays are asking that my claim be thrown out of court and I get charged for wasting the courts time, etc as it was the charges in the terms and conditions etc. The document looks like it is just a printed document.

 

I need help filling out the questionaire, do I send all the copies of letters etc with it to the court (which forms part of the court pack), or is that dealt with separately.

 

THanks

[Guest Mumofthreeboys]

The details for filling out an AQ are here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

The AQ is separate from the court bundle. Can you post any more details?

[saracen01]

Do I need to send a copy to Barclays?

[Michael Browne]

It's not a requirement, but recommended as a courtesy.

[saracen01]

OK, will do

 

Thanks everyone for your help, hopefully I'm on the last hurdle. Although beginning to waiver a little in my quiet moments.

[saracen01]

When I arrived home from work last night, there was a letter from DLA Piper, a Solicitor in Leeds, of which extracts are:-

 

'We have been instructed by our client that payment of the proceedings in Dartford County Court has been made (ERRR Not yet it hasn't).

 

In such circumstancesour client is entitled to have the records in relation to the matter updated in order to show that judgement has been satisfied.

 

To that end, we enclose a Letter of Satisfaction which is addressed to the Court Manager and is confirmation that the sum payable pursuant to the court has been paid. We would be grateful if you would sign and date the letter and return it to us as soon as possible , ..........'

 

Now, the funny thing is, Barclays said that they sent the defence to MCOL, who failed to enter it, so judgement was able to be obtained in December, apparently this has since been set aside and the case was only transferred from Northampton to Dartford early last week, when I filled in the AQ form, I sent this back to Dartford and a copy to Barclays and am still waiting for the court date from Dartford. I did call DLA Piper, who inform me that it is showing that Barclays have a CCJ, which affects them as it would an individual (my heart did bleed!) and therefore could I please sign and return the letter, which is oddly addressed to Dartford, informing the court that they are no longer indebted to me.

 

I explained to DLA Piper that no monies have been paid to me by Barclays and therefore was not prepared to sign a letter to the court saying that they had settled, her answer was that the money hadn't hit my account yet, but would in the next few days. I've had nothing from Barclays to say that they have settled this, nor anything further since I sent them the AQ and informed her that if the money hits my account, I will consider signing this.

 

We were giggling tho, when I said to my husband that perhaps next time their CEO needs a new car, he could go to Yes Car Credit, or be charged a massive interest rate like all of the normal people that they have sent under...............

[chezclarke]

Not had a response like that however well done on getting the bank a CCJ lmao!!! Oh dont you just feel SO sorry for them!!

[dickeggsy]

saracen have a look at page 3 of keriats thread , makes very interesting reading.

[caro]

Threads merged - again!

 

Have you got the money in your account now Saracen?

[saracen01]

Not yet, am going to call them this morning to find out why not

[saracen01]

Called Barclays to ask why the money wasn't there, got a v rude person from Customer Services who said that they had made me an offer, when I asked when I was told back in October for £1,000.

 

Told him not to be silly, and that it was in the hands of Dartford Court and why did I receive this letter then from DLA Piper. Asked him if they wanted to settle out of court and received the reply that I had to go through the Courts now. Got annoyed and said to him, that if that was the case, then I wanted confirmation in writing that they would appear in Court when we received the date, which he declined. Told him I would now insist in Court that they appear in order to defend themselves. He declined to comment and put down the phone.

 

Any suggestions on a more amicable person to talk to?????

[caro]

I'm a bit confused as I was under the impression you had an offer. To recap, you have submitted your court claim, done your AQ, and I assume are now waiting for confirmation of the track the case is to be allocated to and a court date. Is that right? If so I think it's just a case of waiting for the court to do its job. That's what you've paid your court fee for. I would avoid telephone conversations with anyone from the bank or their legal representatives unless you can record them. If they write to you, make sure that you respond if necessary, at all times showing that you are being reasonable and willing to settle (obviously for the full amount), so that you can include the letters in your bundle if necessary and show the judge what a reasonable person you are and how you have been willing to settle without the need to waste court time.

[saracen01]

According to DLA Piper, an offer was on it's way. Have now discovered that in fact this isn't the case and I shouldn't have been sent the letter!

 

You are correct Caro, I've done everything and am just waiting for the court date. Their arrogance makes me so mad though!

[caro]

Your time will come Saracen. Just bide your time.

[saracen01]

Hi All

 

Would just to advise you that our settlement letter for our first claim with Barclays arrived this morning - offering us £7,055, on a claim of £5,000 plus the interest. Have accepted this and now just waiting for it to be put into my account. We've WON!!!!!!!

 

Everyone, I would like to thank you all for your help and advice when I found things tough going. We can now be added to the successful claims section

[caro]

Your time will come Saracen. Just bide your time.

 

I didn't mean you to bide your time that long!

 

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[Trucker]

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