43rooler v Barclays

[Guest Mumofthreeboys]

Hi

 

It's the 14th of March now and I still havn't received an AQ so I am not sure what to do now. Please help someone

 

Have you had their defence yet?

[43rooler]

No mum

 

I have not had their defence yet.

 

Nothing since Notice that Acknowledgement of Service Has Been Filed stating that The Defendant filed an Acknowledgement of Service on 21 February 2007 and that they have 28 days to file a defence.

 

43 rooler

[Guest Mumofthreeboys]

So they had until 7th March to enter a defence then. I think you should read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[43rooler]

Sorry mumofthree I don't understand the 7th March bit? As I understand it, they have 28 days from Acknowledgement (21 Feb) to file a defence?

[Michael Browne]

No it's 28 days from the deemed date of service which is on your Notice of Issue.

[43rooler]

So I have lost a week then. I should have reqested judgement by default last week if I read the step by step instructions right, that is

[Guest Mumofthreeboys]

So I have lost a week then. I should have reqested judgement by default last week if I read the step by step instructions right, that is

 

Please, read the link that I gave you in my post #26. It is very important that you understand what you are doing before you go for default.

[43rooler]

I have read the link carefully now and have decided to take option 2 and give them 7 more days from 21/03/07

[43rooler]

Hi

 

The 28 days are up today for Barclays to file a defence (I just checked my post and nothing) so I will now send them this letter offering them another 7 days.....

 

Dear Barclays

 

Claim Number 700000000000

 

You have not filed a defence for claim number 00xx00xx at Newport County Court, and the time to file a defence has now passed and judgement in default has been/will be granted.

 

I am writing to give you one final opportunity to make full payment of £1570.00 + 8% interest

 

If I have not received payment in full by 4pm 28/03/2007 I will file for Judgment in Default/apply for a warrant of execution.

 

Yours sincerely

 

I put in + 8% interest myself because if the interest is calculated and added on the judgement then I don't know today what the total amount is

 

could someone tell me if this is a wrong thing to do or, any other comments would be welcome

[Guest Mumofthreeboys]

That looks fine to me.

[Bookworm]

Please let us know how that works out, it's a fairly new tactic to give them extra time instead of going for the kill, so to speak, and some feedback would be great. ;-)

[43rooler]

The 7 days extra time I have given them is up today and still no reply from Barclays and no AQ from court It seems that I have no alternantive now than to go for Judgement by Default?

[CAZKATJOE]

how interesting, personnally i would have gone for a judgement by default earlier and not given them extra time. Have you tried phoning them and telling them unless they settle you will go for the default judgement.

 

This may work you may get an offer today by phone

 

Caroline

[Guest Mumofthreeboys]

how interesting, personnally i would have gone for a judgement by default earlier and not given them extra time. Have you tried phoning them and telling them unless they settle you will go for the default judgement.

 

This may work you may get an offer today by phone

 

Caroline

 

I shouldn't think you will get an offer, they will more than likely still file.

[43rooler]

Thank you Caroline, they have run out of time to file a defence now so I will now go for Judgement by default. I am not interested in an offer. I want the full amount owed

[CAZKATJOE]

cool go for it, will that delay things now! Hope not, they must be snowed under with claims now so i am not surprised they didnt file a defence.

 

Hope you get the full amount, you should do everyone else has.

Caroline:)

[43rooler]

I received a copy of Judgement for Claimant (in default) yesterday 13/04/07 that they sent to Barclays. It says,

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £2022.67 for debt (and interest to date of judgement)

 

You must pay the claimant a total of £2022.67 by 04 April 2007

 

I have not received payement yet. What should I do next?

[Guest Mumofthreeboys]

I take it you've phoned Barclays - what did they say?

[43rooler]

I have not phoned Barclays yet because I wanted to get some advice on what to do next, first.

[dar£n]

phone them and ask to speak to someone who can settle your judgement order

[dickeggsy]

i recieved exactly the same letter so i phoned them to let them know.

they called me back ten minutes later and admitted defeat and the money was in my account 2 days later.

here's a number 020 7116 5634. give them a ring and ask for the person dealing with your claim and explain what it says on the letter.

don't worry they are okay to talk to.honest.

[43rooler]

Thank you Dickeggsy, Dar3n and Caroline.

 

I will phone them on that number tomorrow and post back here to let you know what happened. It looks from the last post that I am only days away from a settlement hope so.

[dar£n]

phone early, this way it gives you time to dispute their figures, get them amended, emailed to you, signed and emailed back [if youve got a scanner].

 

funds in the bank the next day.

 

its looking good aint it, i bet youre feeling good too.

sun is shining, nice and warm and loads of money coming your way.

[43rooler]

When I rang that number a Paul Quinn answered and said that I have to contact Customer relations and ask them to send proof of Judgement to Level 29 Litigation and Dispute (same building) He can't settle untill he sees proof.

[43rooler]

I just rang; Customer Relations Manager 020 71164561 but could only leave message. They said that someone would ring me back within 48 hrs