BaiNuanKen vs Barclays Bank **WON**

[BaiNuanKen]

Hi, a little help please.

 

I've been watching for a while, and using the excellent advice and information to help with my own fairly standard case.

 

Now, I feel the need for a little help and advice.

I first contacted Barclays on October 6th, and I filed my claim at 'Money Claim Online' on the 8th December.

Barclays acknowledged just on the deadline, of course, noting their intention to defend all of the claim.

 

Their defence appears to be standard according to other posts I've read.

They also initiated a transfer to a court near me, which I think is also standard.

 

I returned the Allocation Questionnaire (N149) within a couple of days of receiving it, filled in as advised by jonni2bad

 

The actual deadline for me to return it was January 28th 2007, but I actually returned it on the 16th.

 

My two questions are: -

 

1. Should I have had any acknowledgment from the local court? I haven't, so maybe I should phone them to ask if they received it?

 

2. Do I need to send my 'Court Bundle' now, or wait to be asked?

 

Thanks in advance for any advice on the above

[msawouldlikejustice]

HI BaiNuanKen

 

1. Checking with them to see if it has been received wont do any harm, but i wouldnt worry, i didnt hear anything for a month when i handed my AQ in.

 

2. I would send Barclays their copy, it will show them you are serious and hang on to the courts copy you might not need it and it will save you a few quid

 

Good luck

 

To follow my claim against barclays Msa V Barclays Bank 5 days till court

[BaiNuanKen]

Hi msa,

 

Many thanks for your post. I shall do as you suggest, very sensible.

I shall also follow your thread to see how you get on.

 

Good luck with your claim, hopefully you'll get paid out just before it goes to court.

[msawouldlikejustice]

No probs and thank you for the nice comment its the first i have had, i didnt know you could even post a comment.

[BaiNuanKen]

While I wait for my court date, does anyone here have experience, or opinions, of this situation?

 

My Barclays current account, with the charges that I am claiming, is now closed for the reason shown below: -

 

I have recently completed an IVA (full and final is in place), and Barclays were included in the creditors list because of my agreed overdraft, which was of course at its limit. I don't know exactly how much of it they were paid, but it was something like 40p in the £

 

If I win, I shall want a cheque, not an electronic payment to my now closed account

 

Can they insist on using the money to offset against their losses? Even though they have closed the account, and the Full and Final IVA is completed? As I understand it, 'full and final' does mean exactly that.

 

Any thoughts would be welcome.

[Bigmac versus]

Have you made it part of your POC that you be paid in cheque?

[BaiNuanKen]

Hi George, sorry what's POC? But I guess I haven't.

[Bigmac versus]

Particulars of claim

[BaiNuanKen]

ok, thanks George, It isn't currently, but I guess I can add something about it, especially if it does get to court. I hope!

[Bigmac versus]

Full and final settlements that are paid by say 50% will be marked up as partially satisfied on your credit file.

[Bigmac versus]

Yes you would be wise to add that settlement would only be accepted by payment by cheque to you.

[BaiNuanKen]

So I suppose that means they will certainly try to keep some back to clear the rest of what was the overdraft. That's depressing

[BaiNuanKen]

I'll try to get that in somehow. Thanks George.

[Bigmac versus]

Your welcome, got to be worth a try.

[BaiNuanKen]

Just an update really, nothing much has happened lately, and I did begin to worry in case my claim had been lost in the system.

 

I returned my AQ on January 16th, although the actual deadline for this was January 28th, and as its now well over a month I thought I might have heard.

 

So, yesterday I phoned the local court, to where my case has been transferred, to ask about progress, or even a court date. The lady I spoke to was very helpful, and after confirming that my case number is progressing through the system normally, she went on to explain: - 99% or more of these claims are being settled out of court just before the actual court hearing would have taken place, for this reason the judges are insisting that where these cases are involved, the whole day must be made up of such cases, and nothing else".

Clearly her comments cannot be taken as any kind of formal statement, but it is reassuring to get her perspective on whats actually happening.

 

Also, just over a week ago, I sent a copy of my court bundle to Barclays, along with a covering letter inviting them to settle, this of course, has not been acknowledged.

[BaiNuanKen]

Court Date June 21st

 

Typical! I post the above update, and half an hour later the letter from the court arrives!

 

Never mind, I now have a court date of June 21st. That's over three months away - good for Barclays I guess, but a pain for us, as it seems likely we (myself and all those others who presumably have the same date) will not get settlement until then.

[dar£n]

downside = the waiting, I agree, i'd give it til about 7th and contact THEM for an out of court settlement.

 

plus side = the interest is still growing .£££££££

 

good luck

[BaiNuanKen]

Thanks for that dar3n. I hadn't realised that I could continue to accumulate interest, I don't know why, but I had assumed it was frozen at the time of placing the claim.

[Bigmac versus]

Hiya still at the waiting game for now then.

[BaiNuanKen]

Hi Bigmac,

 

Yes, pretty much, I just have to double and triple check my court bundle and get it off to the court quite soon. I've forgotten exactly when they want it by. Must check tomorrow.

[BaiNuanKen]

Well, it's court day tomorrow! And I haven't heard anything from the court, or from Barclays. I'm half expecting a phone call today, based some other threads I've read, but who knows? Is there anyone else on here with a Leicester court date tomorrow (June 21)?

 

Does anyone know, are these claims still being settled at the last moment, or has the situation changed since the TV program?

[LynZe]

Oh my god? What happened?? Did they settle? Did you go to court?? What was the outcome??

[LynZe]

Ohh stupid me!! Its not June 21st Til tomorrow!! Good Luck . Let me know what happens!

[BaiNuanKen]

Thanks LynZe I'll keep everyone informed.

On your thread, I see you've contacted Barclays directly. Has this been helpful? I've left it to them to contact me - and had total silence!

[LynZe]

Oh my god yes!! I contacted them and they replied in a matter of minutes by email. The lady i was dealing with was called Charlotte (although i have been told she has left now.) i emailed her asking where my claim stands and she replied saying they would like to offer a full settlement providing my figures match with theres and they should offer it 1 month before my court date!! I havent heard anything since and like i said Barclays entered a defence last night. I have just emailed Barclays Litigation team asking for another update on my claim. Depending on what they say, depends on how pushy (or polite) i will be but it would definately be helpful for you to contact them today especially as your court date is tomorrow... try it. xxx