foxxy27 v Barclays

[oneofakind]

I'd be inclined to send them the letter anyway, if their offer is still 'live'. Edit the letter to make it clear to them that their time is up, and you're going to court regardless.

 

That way, you cover all the options, I think.

 

:D

[foxxy27]

hello,

 

just incase anyone is wondering, I found a template of the letter I needed to send and what I had to do in the templates library.

 

heres what it said if anyones interested :

 

Response to settlement offer.

 

Dear (person named on letter)

 

thankyou for your letter dated xx/xx/xx. I respectfully decline your offer of full and final settlement.

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on xx/xx/xx and i would now ask that you refer this matter to your legal department for further instruction.

I trust this clarifies my position

 

yours faithfully.

 

 

short but sweet dont you think??

anyway i'll keep you posted on how I get on, im keeping my fingers crossed;)

tara

[dar£n]

That'll do nicely madam!

 

[foxxy27]

hello

another update, today I received an aknowledgement of my claim from barclays. they have said they intend to enter a defence so they have an extra 14 days to do so.

I have read in the library that the banks will often aknowledge but 'forget' to enter a defence, in which case you win by default. Im hoping this is what happens with my claim.

will keep you informed.

Tara:)

[foxxy27]

hello,

 

my claim was acknowledged by barclays and the 28 days for them to enter their defence ends on 28th May. I was quite confident that I was going to get my money back until I seen it in the papers about a judge ruling in the banks favour. I cant believe it! whats going on? Is this something to be worried about? and is it going to affect my claim do you think the banks will start taking everyone to court now?

:-?

tara

[dar£n]

Foxy, this was an isolated incident with an idiot judge.

Lloyds didnt turn up for the hearing so even THEY didnt think they would win.

They just got lucky, thats all there is to it.

 

Keep going. you WILL get your money!

[foxxy27]

thanks dar£n, thats given me more confidence again, was just so gutted when I read that in the papers.

Will keep you updated on how it goes.

[foxxy27]

hello,

 

i filed my moneyclaim online and it was deemed to be served on the 30 april giving barclays until 14 May to reply.

Barclays acknowledged my claim on 3 may saying they were going to defend themselves against the whole claim.

Am i right in thinking that then gives them until the 28th may?

If so, do I start the judgement against them now as its now the 29 may?

and how do I know if they have entered their defence or not?

Tara

[Tipsy0nBacardi]

Yes foxy they have until the 28th so they'll probably defend at the last second! Keep checking moneyclaim site but bear in mind it doesnt always show on there straight away, maybe give them a ring when barclays time is up

[foxxy27]

hi all,

 

well as i was told barclays did enter a defence at the last minute and ive received a letter from the court saying its been transferred to my local court.

Ive also got a letter that says the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

Thats all it says and i also have a copy of barclays defence. It doesnt tell me what i need to do now.

Do I just wait to hear from them and why dont i need to fill in the allocation questionnaire?

Any help will be appreciated

thanks

Tara

[oneofakind]

The AQ is being dispensed with in a lot of cases, as it's not really necessary, and just adds to the cost and delay.

 

Not much you can do until you hear from the court. Use the time to go back to the FAQ section and familiarise yourself with the procedures from here on in....

 

(I'm at the same stage; Barclays defended, and I'm just waiting to hear what happens next.)

 

[foxxy27]

thanks oneofakind,

 

will do that, good luck with your claim too.

[foxxy27]

hello all,

 

as I said before Barclays have entered a defence and Ive since received a notice of transfer of proceedings to my local court.

I received this on 7th june but have not heard anything else at all. Is this normal? do i just wait to hear from the court?

Getting a bit worried as its now the 22nd june.

Ive also had a look at the notes about actually going to court and it all sounds very complicated, is it as bad as it sounds.

Would really appreciate some advice here.

 

thanks Tara

[saintly_1]

It depends on your local court how long it takes for them to contact you as some are busier than others

 

As to actually going to court i dont think that many claims actually make it that far B's tend to settle before then

[foxxy27]

hi all,

 

I know ive asked before but its now the 5th july and i still havent heard anything from my local court.

tara

[saintly_1]

Ring your local court ..... see if they can give any idea as to how long before you get a hearing

[oneofakind]

The courts must be SERIOUSLY clogged up; I spoke to my local court today, and could almost hear the sigh in the clerk's voice when I said the words 'bank charges.'

 

ring them Tara, they'll let you know where your claim is at the moment.

 

[foxxy27]

hello everyone,

well finally on the day I was going to ring my local court I received a letter from them. ive got my hearing but its not until 8th november!

At least it gives me plenty of time to panic! I just about knew what I was doing up till now but I havent got a clue what im meant to do at court or what documents im meant to take, is that just copies of all the letters and my statements and stuff?

and am I meant to let a moderator or someone know my court date?

please help

 

Tara

[saintly_1]

It depends on what directions the court has given you and what type of hearing it is

[foxxy27]

hi saintly1,

 

the letter says it has been allocated to the small claims track, within 21 days i must deliver to every other party and to the court

a) signed statements containing your evidence and the evidence of any witnesses whether or not you intend to call that witness to give evidence at court.

b) copies of all documents on which you intend to rely ( the originals of such documents must be brought to the hearing)

 

thats all it really says.

id really appreciate your help here i dont want to do anything wrong after coming this far

 

tara

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies Have a look at this thread .For the statement of evidence Post 34 on this thread http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

[foxxy27]

ok will do, thanks for your help:)

[foxxy27]

hi again saintly1,

 

ive been looking through the links you gave me, in the court bundle i need schedule of charges, statements showing the charges and a ststement of evidence im ok with that bit but whats the bit about statutes and cases on which your claim relies ie utccr's ucta's and soga's?

 

also where and to who do i send the copy of it for my bank?

 

sorry to be a pain it just all sems so complicated:(

[saintly_1]

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

[saintly_1]

The copy for the bank goes to

 

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP