sob1 v Barclays Defence filed on last day!!

[sob1]

Hello to all battling Barclays out there!

 

Woke up really early this morning (4.30 am) and requested a judgement by default against Barclays as they had not filed their defence. Just logged onto Moneyclaim to see they have now filed their defence so assume this will override my judgement. Drat!

 

Looking for support now through the rest of the process, I enjoy going to court ask my ex-husband.

 

S..

[dar£n]

I enjoy going to court

dont hold your breath then, I dont think you will be seeing the courtroom over this case, very few have,

[frog]

Had exactly the same happen to me. Logged on first thing in the morning, started to apply for judgment and wanted to review my interest calculation before pressing submit.

By the time I got back to the web site, the judgment was halted and I received paperwork in the post a couple of days later.

I suspect moneyclaim online don't update the website as and when they get the defence, could take a few hours I suppose.

[sob1]

Don't disappoint me Dar£n I'm trying to salvage a disappointing day but I suppose the result is the important thing not how I get there.

[sob1]

Sorry for you frog its so gutting when they do this. They did the same thing when it came to acknowledging service as well so I don't know why I was surprised. Did they do that to you too? The more I read it seems like their 11 hour tactics but some have got lucky and got through.

[soupy1cat]

Hiya - we are at exactly the same stage. I received my defence in the post today, yep - filed on last day!

 

I'm now getting worried as in the defence they have basically said that I didn't manage my account properly and they had a right to make charges to cover their admin etc etc etc.

 

I will get my copy statements ready to send now with the AQ, but I am really scared now!

 

I thought that the 6 years started from when I sent my first letter but it now seems that its from the date of issue at the Court so I'll be a couple of hundred pound down so I'm claiming £460.50.

 

I'll keep an eye on your threads as we are at the same stage if that's OK!!

[sob1]

Hi Soupy1cat glad to hear its not just me, I was beginning to think it was personal.

I had even printed out the request for judgement. Looked at moneyclaim today said rejected, hoped that the court might miss the defence but sadly not.

I'll wait for the defence in the post I suppose and I'll look up your thread see how you're going.

[Coyotesj]

Don't worry I have had the same issues with Barclays, claiming my Halifax charges was so much less stressful!!

 

Barclays didnt acknowledge my claim until the evening of the very last day possible, then their defence was filed in the evening of the very last day too.... think we need to stop being optimistic about any of us getting our money before they absolutely run out of time!!

 

By the way I filed my Allocation Questionnaire with the court yesterday so at about the same stage as all of you, good luck and dont forget to keep us all updated!!

[sob1]

Coyotesj, without searching have you had your pay out from Halifax as I think they're messing me about. I secured a judgement by default against them on the 13th Feb and still haven't received cheque, ......"it's in the post............ cashier lost request...... lost in the post........cancelled and in the post again......"

[Coyotesj]

Yes, they settled with me the middle of January. I did my MCOL on 13th Dec, they acknowleged the claim on 10th January saying they intended to defend the whole claim. I phoned them on around 17th January to check what was happening and they told me that they would be settling the whole amount. The money was in my account before the end of the day..

 

You may be having problems with them because I assume you no longer have an account with them.... suppose it is easier and cant give an excuse for a bank transfer not happening! I would suggest to keep phoning customer relations and maybe ask if they can transfer the money into your current active bank account???

 

Let me know how you get on and keep smiling it will be worth it in the end:D

[sob1]

Thanks Coyotes, you're right I closed my account with them recently not due to the unfair charges but because I was unhappy with their service.

 

In their first offer letter to me they wrote the reference as my roll number and next to it wrote CLOSED and then went onto to say that if I didn't keep my account in good order they would close it.

 

It wasn't much of a threat really! When they came to settlement letter they said they would transfer it into the account and again threatened closure.

 

I've offered another banks details but unfortunately "they are not able to transfer funds into another banks account". Doesn't this seem strange to anyonelse considering they are a bank??

[sob1]

Just an update, received AQ today and have returned using the new strategy wording with a draft directions order. The Barclays defence seemed to imply they couldn't agree with refund as they don't know what account or who I am so have added schedule and account info to make it a bit easier for them.

 

Time to prepare bundle and wait for court date.

 

S

[sob1]

Help anyone that can.

 

Received court order today that my action is to be stayed until 20th May 2007. I don't think I want it to be delayed this long as I think I've waited long enough but I'm not sure if the judge is trying to help me by doing this. Full text of order below.

 

Any suggestions? As you will see I'm on a tight deadline!!

 

'Before DISTRICT JUDGE SINGLETON sitting at Gloucester County Court.

 

Upon both parties filing allocation questionnaires IT IS ORDERED THAT

 

The action be stayed until 20th May 2007 or until further order on the basis that there is a possibility of a test case before a Higher Court within the next few months the result of which is likely to reduce the need and/or amount of litigation in these type of cases: the stay will afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove stay.

 

Files to be referred back to the District Judge by 21st May 2007

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiveing it pursuant to CPR Part 23.10.

 

Dated'

[dar£n]

This is not good!

They tried ths last year

LEGAL bids to reclaim overdraft charges are being kicked out of county courts because of a test case that could finally force banks to come clean on fees.

In the past week, small claims court orders against Halifax and Lloyds TSB have been rejected by courts in Gloucestershire and Uxbridge, Middlesex, on the grounds that a case has been submitted to a higher court which could set a precedent in these types of cases.

The test case involves a customer in dispute with Lloyds TSB which will be heard by London Mercantile Court. Cases at the Mercantile Court relate to commercial or business matters and are heard by a judge.

In recent months hundreds of current account customers have threatened their banks with court action in a bid to recover charges incurred when they have gone overdrawn accidentally. Banks are not allowed to profit from such charges - they are only supposed to recover the costs of dealing with the problem.

So far no bank has defended its charges in court, resulting in thousands of pounds of payouts to the customers for their charges, lost interest and court costs.

Customers who have taken out court orders against their bank to reclaim charges have had to play a game of nerves. The bank will often leave it until the 11th hour before backing down and paying up.

However, if cases like this were to reach a higher court then a precedent would be set that banks and consumers would have to follow.

The decision from Gloucestershire County Court says: 'It is ordered that the hearing be vacated and the allocation of the small claims track cancelled...

'The action be stayed until further order on the basis that there is likely to be a test case before a higher court before the end of the year. The result is likely to reduce the need and/or amount of litigation in these types of cases.'

If a judge were to decide that the bank charges imposed were justified, then customers seeking refunds would have nowhere to turn. However, to prove that the charges were justified a bank would have to prove that it actually costs upwards of £20 to send out a letter to a customer saying they have gone overdrawn, and a further £25 for authorising or bouncing payments.

If the customer were to win, it would effectively mean that banks were guilty of excessive charging.

[sob1]

Hi dar3n,

 

Found a Bankfodder post on 'Application to have a stay removed' was hoping to do that and that would make it all better. What do you think?

 

S

[dar£n]

it has worked before, I dont know how exactly, whether it involves using a different judge or something,

[hels bells]

hi all

sorry to butt in on you , but may i ask are you all trying to claim business overcharges back from banks or personal charges

 

hels bells

[dar£n]

hi helen, personal

[oneofakind]

A thought occurs....

 

Any mileage in applying to have the stay overturned, on the basis that the banks never seem to go to court anyway, viz.the Lincs. courts threatening to strike out the Banks' defences on the grounds of 'vexatious litigation' etc.

 

I'm no expert. Anyone care to comment?

 

D:-? :-?

[hels bells]

hi

 

oh thats a shame my account is business and advice is needed , i am in court just to get my info on the 13th they have a solicitor to defend my claim . bit worried

 

hels:o

[dar£n]

Helen, are you assuming there is going to be a solicitor present because their solicitor has entered the details of the defence or have you actually been told one is going to represent the bank?

[hels bells]

hi dar3n

 

well her name is on the defendants defence on my letter of service, she has also signed the letter she sent to the courts saying thier intention to defend all of the claim. will u be on later i will explain in more detail if u are interested?

 

hels:)

[aqua2]

Does anyone have details of the supposed test case last year, presumably it was settled pe-trial.

 

If we had details of that case and given the delay by the ombudsman in reporting on bank charges, now seems the prefect time for the banks to pretend to run another test case.

 

Perhaps we could use that information to persuade a judge to continue the claim.

[sob1]

Excellent plan Aqua2, anyone??

 

Also, does anyone know where I can find help completeing the form N244 found Bankfodders part C text which I have adapted to Barclays but am unsure how to complete part B. I'd like to put in the 'because' the reason as its mean but I'm sure I need to put something more legal sounding.

[Michael Browne]

Thisa may help:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html