Chorlton v Barclays ***WON***

[chorlton1]

Yes, I called the guy on the defence document (Adrian St John) but he is one of the in-house legal counsel's at Barclays and these go out in his name. When I rang I was told my file was being handled by somebody else (a legal clerk) and he was the one I spoke to and settled with.

 

I think the fact I was going on a trip for a couple of weeks helped, as the first thing he asked was "do you have a court date" - you might want to consider "booking" a holiday that makes you uncontactable until after Easter before you call and tell them that you are holding off on sending the AQ to give them an opportunity to settle as they wont be able to contact you and your AQ will contain draft directions asking for full disclosure by both parties within 14 days

 

Of course, I would never suggest that your holiday booking is anything other than real - you can use their money to pay for it!

[chorlton1]

PKea - any joy?

[PKea]

Hi Chorlton

 

No joy there mate, said they were only settling cases that were due in court in two weeks.

I also followed up with a fax.

 

Anyway I sent my AQ in and i am just waiting for my court date.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/16228-paul-barclays.html#post684528

 

This is my thread if you want to have a look at my progress.

 

Paul

[chorlton1]

That's a shame - still, hope you get a court date soon so you can get this wrapped up

[PKea]

I know mate, when i get my date i will give them a call again

I'm also going to add costs to the claim - they didnt want to settle earlier so ive had to do more work, sounds fair to me

[koalaattack]

Hi chorlton,

 

Congratulations - I'm impressed, it all seemed very easy for you!

 

I'm not far off putting in my N1 (next Wed) so have been reading up on a few things - got my N1 sorted and looking good thanks to a lot of help, but I noticed you mentioned that there is a "new AQ strategy" - I've checked around and couldn't find out what this was. I just wondered if it was something you did off of your own back or whether it was something CAG advised?

 

Sorry to ask and highjack your thread, but I just want to do everything as properly as possible - I really don't want to stuff this up and let Barclay's off! Feel free to respond in my thread (below) so you can revel in your glory here!

 

Thanks,

 

KA

 

My thread: http://www.consumeractiongroup.co.uk/forum/barclays-bank/76517-koala-attack-barclays-5.html?highlight=koala+attack

[chorlton1]

No probs - the "new" strategy is at :

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

Better people than me did the work on this!

[koalaattack]

Good work, thanks!

 

I asked this on my thread but seeing as how you're here - does the AQ come as a paper form or electronically?!

 

Cheers,

 

KA

[chorlton1]

I think they all come as paper forms, but you can download a blank AQ as a .pdf from the courts website or go into the CAG one and fill it in and print it (you will need the paper one thandy hough as it has all the refernce numbers/dates etc)

[Micky the Hippo]

bish bosh job done

 

congrats

[koalaattack]

Thanks again!

[silentnight]

Well done on your successful win, would you mind me asking how much your claim was for, just wondering if it makes a difference to whether they settle earlier for certain sums of money. Also did you get your 8% interest and court costs and expenses as well? I am due to hand in my N1 on Monday and so have been really interested in your case.

[pat69]

Hi Chorlton i am considering ringing barclays as you did, their defence has just arrived as case was transfered to my local court from mcol. The difference is that the court has directed that allocation is not necessary unless the judge asks for it. in your opinion should i wait till i get a date to ring or go fo it asap. Good luck with the hangover and congratulations!!

[chorlton1]

Silentnight - claim was a little over £4000

Included 9.6% interest to this (the rate they charged me while I was overdrawn)

They paid for MCOL initial filing and AQ cost in addition

 

All the best!

[chorlton1]

Pat69 - I think you could try, but I suspect, having read a few threads after my one went through, that the first they they will ask is "do you have a court date".

 

Per post number 26 above, if you can tell them you have asked the court for a date asap as you have commitments, and if you are unavailable to speak to them (holiday, business trips etc), then they will probably settle.

 

Just rehearse what you want to say a few times as they really dont want to pay quickly

[pat69]

Thanks Chorlton will give it a try, enjoy your victory!!

Pat

[chorlton1]

Thanks Chorlton will give it a try, enjoy your victory!!

Pat

 

 

Any joy?

[ppppixie]

I am in the process of taking Barclays to court and have been in process for over 7 months. Dreadful news about the judge letting Loyds win today:( Feel really miserable. I've been waiting to get a court hearing from my court for 2 months following sending my AQ and fees. Feel sure I'm not going to win now as all judges will probably follow suit... They are probably bored of everyone claiming now and if one judge has let the bank win - maybe they will all copy? I have a forum ppppixie v barclays bank but, I haven't had any responses for a while and need a bit of support. Would you suggest I telephone Barclays as Chorlton did? Or wait until the court finally gets back to me?

[chorlton1]

PPPP - I hope, like everybody here, that the Lloyds TSB case today was a one off (and wouldnt mind betting that the guy wins on appeal) - that makes 4 (i think) court wins to the banks out of tens of thousands of claims - not a bad hit rate.

 

Keep the faith - if you dont have a court date I doubt Barclays will pay, and I would let the dust settle on yesterday before you do call, as I am sure a lot of people have been unnecessarily panicked and started calling to settle.

 

I am carrying on with my pre 6 years claim against Barclays and dont see any reason to be concerned that one case, in a court that cannot set a precedent, should affect me.

 

Dont forget that there have been many more cases where these have gone to court and the judge has ruled, usually in absentia, for the claimant

[ppppixie]

Thanks so much for the advice. You are an inspiration! I will wait until i get a court hearing before I consider calling Barclays to ask if they want to settle. How long do you suggest I leave it before contacting them (from date of receipt of court hearing) Thanks again & I hope you are enjoying your successes

[chorlton1]

The first thing they said to me when I called, and I believe its the same for most others, is "do you have a date"......on that basis I would call when you have the court date - they are settling chronologically so if the court date is months away they may stall a bit, but I would call them when you know.....

 

Out of interest, did you use the "new" or "old" strategy for the AQ?

[ppppixie]

Thanks for that.

I believe I used the new strategy for the AQ as I was directed to a thread to help me complete it by Advoc8 towards the end of March...

[chorlton1]

thats good - it should mean that settlement is faster if the Judge accepts your proposed directions

[ppppixie]

Hi there, Do you mind if I use this thread - I'm sure I'm not supposed to as it's a 'success' story? You're being really helpful and nobody seems to be reading my own thread anymore! Let me know if it's a problem and I'll go back to mine!

 

Finally this morning I received notice of Allocation to the small claims Track for a hearing on the 13th June. It asks for each party to deliver to every other party and to the court office - copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.

I really should get this out before end of next week.

Please could you tell me what I need to send - do I just need to state the particulars of my claim and enclose copies of my statements and the total amount claiming?

[chorlton1]

use away- happy to help!

 

I used the "new strategy" for AQ's that I found here:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy+for+allocation+questionnaires

 

if that is the route you took, then its the standard CAG court bundle ..........

 

If you need a hand, please shout - I am away from Sun pm until most Thurs p.m./fri a.m. but will try and respoind if I get near to an email