I've just received a letter...

[ProtocolStack]

Many thanks, feel reassured. I will send a letter anyway as I wish them to have an up to date amount of what I am claiming for (its increased since I started). I'll just leave the evidence then.

 

Thats great, MCOL here I come!

Thanks again for the help!

P

[ProtocolStack]

...

[ProtocolStack]

...

[ProtocolStack]

HELP! PLEASE! HELP!

 

It's been a while, waiting for stuff to take its course. Last month I received a Notice Of Transfer Of Proceedings letter from the court saying that my claim is being transferred to my local court. Nice. Included there was another form saying that as there have been many cases like this, the allocation questionnaire can be 'dispensed' with. OK, understanable.

 

Now, I have recieved a 'General Form Of Judgment or Order' which states that:

 

'the claimant must file and serve on the defendant a schedule setting out each charge of which the claimant claims repayment together with an explanation of the basis on which the claimant claims that each charge is unlawful or any other basis on which the claiment claims repayment'.

 

I can't see any reference to this in the templates or FAQ. The closest I find to an 'explanation' is the court bundle. Do I send the court bundle to the bank????

 

PLEASE HELP!!!!!

[saintly_1]

What you need is your Schedule of charges and something along the lines of this http://www.consumeractiongroup.co.uk/forum/abbey-bank/726-abbey-charges-5.html#post895532

 

 

Hope this helps

[ProtocolStack]

thanks for that Saintly, much appreciated, looks like what they have asked for.

 

do you know, is this normal? i have read through most templates/faq (although it was 7 months ago now!) and found that my case has been slightly different most of the way through. Has anyone else received/heard of this request?

[saintly_1]

someone had it just this last week which is how i knew what was required ;-)

[ProtocolStack]

ah, glad you were here when it happened if its not the bank - its the court forever finding new ways to slow things down. thanks, should be all i have to do till august...

[oneofakind]

No. Spend some time (a LOT of time) reading other Barclays threads on this forum. The more you know about how the system works, and how Barclays behave, the easier you will find your claim.

 

The courts have their own procedures, and generally they're just as fed up with the banks as we are. The only people holding up settlement are - can you guess? - the banks!

 

[ghia]

hi have just recieved letter from tsb solicitor asking for list of charges and how i worked out interest any ideas why they want this have not had court date yet but lloyds are defending

[welshcakes]

Hi ghia

 

You will get better advice if you post on the TSB forum (this is Barclays)

[ProtocolStack]

Hi guys n gals,

 

Following on form the my last post.

 

I completed the judges request from me by sending the 'schedule setting out each charge of which the claimant claims repayment together with an explanation of the basis on which the claimant claims that each charge is unlawful ' to the bank and the court fine.

 

In the same oder, Barclays were asked to set out why the charges were legal and the true cost to them as a result of my actions. Barclays have not done this, instead they have sent me a letter referring to the ongoing court battle saying that they will ask for my case to be put on hold untill the case is concluded.

 

I have heard nothing form the court regarding this matter or my case going on hold. The date that Barclays were supposed to set out the true costs has by has passed now and according to the original court order I am now eligible to apply for a judgement and the defence should be struck out.

 

How do I request a judgement? Does anyone know if I will get a judgment or if the Judge uphold Barclays request to put the case on hold?

 

Thanks!

[oneofakind]

What date was the deadline for Barclays to comply? (courts often give a little leeway to the defence in these matters) might be worth giving the court a ring to find out if Barclays have complied late - they often do!

 

If the deadline has passed, then you are right to apply for judgement. The 'Notice of Issue' form you received fron the court when you filed your claim has a 'Request for Judgement' section on it. Tick box 'A', complete the rest of the form, and get it to the court - preferably by hand.

 

Logically, if Barclays have not complied with the Court's directions, then you should win by default, however, it's the Judge's decision.

 

 

(EDIT: Just a thought - on the 'general form for judgement or order' that the Court sent you with the instructions, was there any sort of indication of what would happen if you or the bank failed to comply?)

 

[welshcakes]

Spot on advice from oneofakind. I would also add, do not contact Barclays and tip them off that they are in non-compliance; they have likely overlooked the paperwork and aren't aware of the situation so you do not want to alert them to it and have them put in a Stay application before you get your judgement in.

 

Attach a copy of the previous Directions to you Judgement by Defualt form and highlight the bit that states the Defendant has to submit by xx/xx/xxxx.

 

If possible hand deliver it to your court so you can go through it with the court staff member and ensure he/she knows exactly what you are seeking and that you want it processed asap.

[ProtocolStack]

Hey guys, thanks and sorry, i find it really difficult to get on here at work these days.

 

Firstly, the date Barclays had to send me a schedule by was 21st August. I had to send my schedule out by 10th July, then the case was 'stayed' until 7th August to try and reach settlement. If no settlement was reached, Barclays then had to send me a schedule by 21st August. This is exactly how it was stated, item 5 on the 'General Form of Judgment or Order'...

 

5) If no settlement is reached by 7th August the Defendant shall file and serve a schedule in response to the Claimants schedule stating in respect of each item claimed:

 

a. pursuant to which if any contractual provision such charge was made

b. if such charge is alleged to be lawful the basis on which it is so alleged

c if it is alleged that the charge is a genuine pre-estimate of the Defendants loss incurred as a result of the Claimants actions (whether or not such actions are in breach of contract) all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss including the Defendants positive case as to the actual cost of dealing with such actions; and

d) draft directions for further conduct of the case to be agreed with the Claimant if possible.

 

 

NOW, Barclays havn't complied, and its now 31st August. I complied perfectly with the Judges request with the help of the lovely CAG and its helpful members Now continuing with the General Form of Judgment or Order, item 6....

 

6) If the Defendant fails to comply with item 5 of this order the defence shall be struck out and the Claimant shall be entitled to judgment without further order.

 

So, what 'oneofakind' is saying is that on the original form they sent me when I first started court proceedings there is an option to request a judgment (i think i remember it, ill have to check when I get home). I need to complete this request and hand the form into the court, in person? I certainly won't contact Barclays, although I have a strong feeling they employ someone to read this anyway!

 

So, could anyone confirm that this is what I have to do now and does anyone know if the courts are open on Saturday? Thanks!

[oneofakind]

On the face of it, looks like an open and shut case. They have not complied with explicit orders from the court, and therefore you should be awarded judgement.

 

They haven't even applied for a stay in light of the OFT test case!

 

Get your judgement form in asap - you don't HAVE to take it to the court personally, I was just suggesting that as the quickest and surest way. (also the most satisfying! )

 

Don't think you'll find the court open tomorrow - mine is 10-4, Mon to Fri.

 

[ProtocolStack]

Lovely, many thanks. I'll get it in the post tonight. Do i addreess it to the Judge or Court Manager? I did get a letter about a week or so ago saying that they are going to apply for a stay in light of the OFT. I have heard nothing since. Do the courts usually accept banks request for a stay?

Thanx!

[ProtocolStack]

Hey, i've just checked my Notice Of Issue form and there isn't any section to fill in. It's 1 A4 sheet with all the case reference numbers on, advice on what the defendant may do now and some notes for guidance. It's an MCOL form, not sure if that makes any difference?

 

Anyway, how else can I request a judgment, can I go to the court and fill in a form?

 

Thanks!

[slick132]

PS,

 

Is this any good for you - http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

 

Slick

[oneofakind]

Should do the trick!

 

[ProtocolStack]

Hello CAG. Well, after nearly a year, I received a judgment in my favour a few days ago from the judge, ordering Barclays to pay up. Feels good. How do I go about actually getting the money from Barclays? I have heard nothing since, although it has only been a week. Should I call? Will Barclays call me? If I should call them, who do I need to speak to?

[slick132]

Hi PS,

 

Well done at long last. Can you give dets of the judgement please

[les/neil13]

Hi

 

I received a judgement against Barclays. I emailed them and told them what happened. I faxed them a copy of the order two days later they paid up.

 

They will not do anything until they have a copy of the judgement but you can email now to get the ball rolling

 

Hoe this helps

[ProtocolStack]

yeah that does help, thanks, do you have the fax number and email address perchance?

[les/neil13]

yeah

 

[email protected]

 

fax 01452 638 177

 

If you email him he responds quickly

 

Good luck