Cab V Barclays *Please help*

[cab'o'holic]

Hi I recived a letter from the courts they had till 14th of Dec the date on there acknowledgment is the 13th.

 

The defendant filed an Acknowledgment of service on 21st of December

 

The defendant responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence.

 

The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents.

 

So do they have 28 days from the 13th or the 21st? and dose that include weekends and bank holidays?. And what documents do I need to send to their solicitors? What do I do now??????

Please help

[crashbandicoot]

Hi cab,

 

The 28 days are from the date your claim was deemed served on the defendant - this will be indicated in the initial acknowledgment of your claim form from the court, so take 28 calendar days from there. It does include weekends and bank holidays although you need to be aware that banks tend to submit documents to the court one day before the deadline, and therefore, you probably need to check a few days later (with the court) to see that they have been submitted.

 

You don't need to send the solicitors anything (for now), as you submit everything to the court and they forward copies on to the relevant parties. If/when your claim gets to a court hearing stage, then you have to submit a court bundle to the court, and a copy to the defendant's acting party - i.e. the solicitors.

 

For now you just wait for the courts to contact you again, the next stage will be dependant on what the judge decides, but most likely will be to send you an Allocation Questionnaire to submit in.

 

So hold tight for now

[cab'o'holic]

So the first letter I had from the courts with the form for me to fill in if they dont reply said that they had till 14th of december to reply so should I just add 14 days to that?

If so then they are late by 14 days!

[crashbandicoot]

They would have had until 14th Dec to reply, which they did, telling the courts that they intend to defend. Their defence should be sent within 28 days from the date it was deemed served. This is on the original letter as you say..when was it deemed served on them?

[cab'o'holic]

Hi, this morrning I had a letter of the courts

 

Judgment for claim (in default)

 

To the defendant

You have not replied to the claim form.

It is therefore orderd that you must pay the claimant

 

The p[roblem that I have is that as Barclays had till the 14th to reply I hurd nothing so on the 22nd I went to the courts and gave them the form saying I had not recived anything. Then after christmas I recived a letter from them saying that Barclays were defending dated 21st and Barclays had signed the 13th. So would this letter be for that or the fact that they have not submited the defence yet which they should have done 2 weeks ago? I am so confused please help. what should I do now?

[crashbandicoot]

cab it looks like you've confused yourself. Check on the first letter you received from the court which was an acknowledgement of your claim (also included the form bit). At the top it would have stated a few dates, one of which would say date deemed served. What date does this say? It is from this date that you count 28 days for them to file a defence. From the sounds of it they filed this on the 21st so they were within time.

 

The 14 days you talk about refers to a date on the form - the defendant has until xxxx to reply. You have misunderstood this date to be for the defence to be submitted. It is not. It is the date by which they needed to respond with their intentions - which they did by saying they would be filing a defence later. You have served judgment on them prematurely. I suggest you ring the courts and explain what you have done - they are usually very helpful. Just advise them that you got confused with your dates and shouldn't have requested judgment. They will advise you futher, and hopefully cancel out the judgment so that the case can proceed as normal.

 

It is for these reasons - to avoid mistakes like these - that you must read up and understand what you need to do at each stage, before proceeding, as some mistakes may jeopardise your claim!

 

Speak to the courts and take it from there. Hopefully if it's possible, they'll just cancel out the judgment and continue as normal.

[cab'o'holic]

Ok, I got this from the courts

 

DISTRICT JUDGE WILLIAMS has considered the statments of case and allocation questionaires submitted in this claim and has desided that a hearing is necessary before a final decision about allocation can be made.

Reasons for hearing are as follows

a) Whether further particulars are required from the claiment

b)Whether the claim be allocated to the multi track as a test case hearing before the designated civil judge

c) any further directions required

 

I am orderd to attend Rhyl cour on 19th of march should i write to Barclays before then to ask if they would like to settle?

[pjdavies2000]

yes - you should contact them about a week before the date, and they should begint o fold, and you'll get Full and Final from them.

Good luck

 

Peter

[cab'o'holic]

Is it best to phone email or a letter?

Im worried about a phone call as I dont want to say or agre with anything stupid.

[pjdavies2000]

Don't phone if you are nervous in any way - but I'm not sure a letter will be as past in resolving your claim.

 

undoubtably they will contact you to offer settlement closer to the time anyway, what you could do if you don't feel overly confident is write a checklist of what you want, ie:

Exact amount of claim

Plus fees

how you want it paid to you

what you are not willing to sign for as Full and Final settlement (clauses)

That the claim will REMAIN open, until cash has cleared

and any other things you can think of

 

As you speak to them, tick each one off, and add any notes in case you need a follow up call - that way if they ring you back and say well as you agreed earlier..., you'll know whether you did or didn;t!

 

Hope that helps a little more...?

[cab'o'holic]

How close to the court date do they normally contact yo, as mine is on the 19th and not hurd a thing getting really worried now!

shold I ring them?

[keriat]

Yesterday they were settling claims with a court date of 9th March so it won't be long before they contact you but it won't hurt to give them a nudge with a phone call.

[cab'o'holic]

Hi still not hurd enything, has enyone got the direct number and who am I best talking to?

[crashbandicoot]

Cab do you know who is handling your claim in the litigation dept? If so, you can call or email them to remind them your court date is on the 19th. I wouldn't worry too much though, they are known to leave it to the last minute in the hope that we'll bottle out....but you're not going to do that now are you?

[cab'o'holic]

Oh my god just looking through the other posts and realised with I havent done my court bundle when do I need this for and who do I have to send it of to? Just bad timing doing this and having a baby at the same time! ill have to planing things better

[cab'o'holic]

I think it Laurence White has anyone hurd of him?

[crashbandicoot]

Cab, I suggest you call him now and ask him if he is ready to settle in full. If he is, all good and well, if not, I suggest you get on with and post your bundle by tomorrow. This link gives you the basic bundle...add your statements and correspondence to it.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[cab'o'holic]

Ok thanks, it will have to be in the morning now, ill just ask if they would like to settle in full before I waist my time posting my court bundle, I hope he says yes or ill have to spend all day printing!

have they got a free post as I can imagine it will be a lot to post?

also do I have to send the court a copy or hand it in before I go?

it is only a allocation or listinig hearing

[crashbandicoot]

Oh ok my apologies, I thought it was the actual final hearing. In that case, check the instuctions on the notice you received for the hearing. If it asks to send the bundle in or not...I've not had one of those, I've just had actual hearing ones, so not completely sure. You may find you don't need to send a bundle just yet, but don't quote me on it...just read it to make sure

 

When you eventually have to send the bundle in you need to post a copy to Barclays and an identical copy to the court no later than 14 days before the hearing. But as I said, just check what is required of you for this allocation/listing hearing. Sorry if that was confusing

[cab'o'holic]

Shall I still phone them, or just attend?

Has Barclays attended one of these yet?

[dar£n]

Phone the court and ask which judge is sitting and if he requires you there in person, some do some dont.

 

Barclays do not attend allocation hearings.

[cab'o'holic]

Ok I have just found another name on the defence it is signed by Adrian Ruffhead, so who do I need to talk to Adrian or Laurence?

[dar£n]

That sounds like a Barclays contact.

phone the reception at your court that is handling, ask the clerk to confirm if your attendance is necessary.

[cab'o'holic]

It has on the letter that he orders me to attend,

oh my god dont no what to do now and I cant get anyone to look after the baby dont think it will look good showing up with a screeming baby

[dar£n]

calm down ,this stage is not critical, which court are you attending?

Who is ORDERING you to attend,? is it a court representative or Barclays, If Barclays, they cant do that, might be a scare tactic.

 

I would phone the court house up and explain the situation and is it absolutley vital and that you would be able to drop in any information that is required.

 

dont panic