Rogue Vs Barclays

[powerful_rogue]

Thanks.

 

Got a copy of the defence through today along with the AQ to complete.

Will have a proper read of it later on.

[powerful_rogue]

What happens if you only receive part of the defence?

 

When it gets to part 7 it stops half way through a sentance - looks like they have run out of room!

 

Also, what is the "Liquidated damge clause"? This is mentioned a few times in the defence.

 

Apart from that, just appears to be the bog standard.

[powerful_rogue]

Right,

 

Im just getting my AQ ready to send off.

 

When I sent my first letters to Barclays, I never included a statement of charges. Is this the right time to send one?

 

Ive also read about people sending documents to the courts. Is this along with the AQ, or are they requested later on?

[Spotted Dog]

In some peoples defence from Barclays they include in the first paragraph that they haven't got a schedule of charges. If this is the case for you , then send both the court and Barclays a copy. Even if the defence doesn't mention the lack of schedule, I don't think it will do any harm to send one. A lot of people have sent their schedule with the AQ.

 

You don't need to send off your other documents yet. The Court should come back with a date for the hearing and will then ask you to send any documents. These documents also need to go to Barclays.

I am pretty much at the same stage as you, my AQ is ready to post.

 

Spotty

[powerful_rogue]

In some peoples defence from Barclays they include in the first paragraph that they haven't got a schedule of charges. If this is the case for you , then send both the court and Barclays a copy. Even if the defence doesn't mention the lack of schedule, I don't think it will do any harm to send one. A lot of people have sent their schedule with the AQ.

 

You don't need to send off your other documents yet. The Court should come back with a date for the hearing and will then ask you to send any documents. These documents also need to go to Barclays.

I am pretty much at the same stage as you, my AQ is ready to post.

 

Spotty

 

Cheers for that,

 

Very much appreciated. Will finish off my AQ tonight and post it tomorrow with a schedule of charges to the bank and barclays.

[kurjam]

hi i am just about to make a claim with barclays where did you send your first letter to and who did you address it to??

did they take long with an offer?

thanks for any help

[powerful_rogue]

Hi,

 

Ive finally received a letter from the court!

 

EXPARTE

 

IT IS ORDERED THAT

 

This matter be listed for a Preliminary appointment to discuss allocation/directions/summary disposal on Friday 24th November 2006 at 1030am.

 

Without wishing to sounds stupid! Is this the final court date where everyone goes to court, or is this something totatlly different?

 

Many Thanks

[powerful_rogue]

Anyhelp with the above will be greatly appreciated

[victimnomore]

It sounds as though the court has decided to hold a "preliminary hearing".

 

The Judge is entitled to do this under certain circumstances laid down in Part 27 of the Civil Procedure Rules. Having looked through this, the only one circumstance which seems to me likely is; "to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing".

 

I bet that's got the bank shaking!

[powerful_rogue]

It sounds as though the court has decided to hold a "preliminary hearing".

 

The Judge is entitled to do this under certain circumstances laid down in Part 27 of the Civil Procedure Rules. Having looked through this, the only one circumstance which seems to me likely is; "to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing".

 

I bet that's got the bank shaking!

 

Dont know about the bank, but its got me shaking now!

 

Has anyone else received a letter like this? Will it just be me and the judge?

[powerful_rogue]

Ive started a thread in the legalities section regarding preliminary hearings. Will be easier to locate for anyone else in the same situation.

 

Its Here!

[victimnomore]

Don't panic. I know it sounds scary, but it should be quite informal, if it ever gets to that stage.

 

And it could be very good for you. If it actually happens you could get a quick result. But, much more likely, you might get an even quicker result by Barclays folding before 24 November.

[powerful_rogue]

Don't panic. I know it sounds scary, but it should be quite informal, if it ever gets to that stage.

 

And it could be very good for you. If it actually happens you could get a quick result. But, much more likely, you might get an even quicker result by Barclays folding before 24 November.

 

Will Barclays be informed of this and will they also have to attend?

 

Id hate for it to go the other way and the court decides in Barclays favour. Would be a blow for everyone thats trying to claim whats rightfully theirs.

[powerful_rogue]

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