themadcap v barclays home mortgages

[themadcap]

Seems unfair that we have to submit to them and the court on time or struck out yet they can seem to please themselves!!!!

 

thanks slick

[themadcap]

Telephoned court today (Friday) 20th Nov no docs been issued by defendant also ive still recieved nothing and have had todays post.

Edited November 20, 2009 by themadcap

[slick132]

Hi TMC,

 

I don't think you need to do anymore now. You've complied with the court's directions as required.

 

If they haven't, they will look silly in court on the 2nd.

 

Use the time now to read through the evidence you'll be relying on (in case they DO have their evidence accepted).

 

Read up also on :-

 

1. Asking for their defence to be Struck Out.

 

2. Seeking a Wasted Costs Order.

[themadcap]

Hi,

Thanks for the help, have sorted out my wasted costs order to keep on hold can you let me know where the info for asking for defence to be struck out is

cheers

[slick132]

Have a look here - http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html#post1412654

 

[themadcap]

The problem here is it would seem only the defendant has the right to ask for a strike out for non-compliance, as i am the claimant im not afforded the same rights

[slick132]

Hi TMC,

 

The letter applies equally to you as Claimant.

 

If you switch the wording round (substitute Claimant for Defendant and vice versa) this is how you could apply to the court to have their Defence struck out, as they'll have no evidence on which to rely.

 

[themadcap]

Just had a call from Barclays but missed it as i was out, left message saying calling involving your complaint and will write to me.

Wonder what theyre offering here???

Unless full amount still going to court and issuing wasted costs order either way, will keep informed

[themadcap]

Can anyone let me know what the hourly rate one can claim under wasted costs

[slick132]

£9.25.

 

[themadcap]

Thanks Slick, a bad day for all

all the best

[slick132]

On the contrary.

 

Although the court ruling handed down was not what was expected, CAG bank charges claimants should proceed ensuring that they have included UTCCR in their POC, as per the Global Announcement - The Consumer Forums - Announcements in Forum : Cases stayed pending the OFT test case

 

[themadcap]

Looks like im heading to court wednesday then!!

[slick132]

Hi TMC,

 

There's nothing to stop you contacting Barclays legal team.

 

Tell them you're in court on Weds and would they care to settle now.

 

[themadcap]

I have a court date tommorrow and cant find a list of settled Barclays cases to add to my Wasted Costs Order

followed the links but nothing there

Please help

thanks

[citizenB]

have flagged your question for the site team.

[themadcap]

Thanks citizen