bornagainthrifty vs Barclays

[bornagainthrifty]

Hi All,

 

I'm quite a way down the line with Barclays. I've been sent the AQ and I'm trying to complete it. I'm not sure how much information I should include in the 'Other information' section.

 

Should I:

 

1)Just use the templete located here?: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

( my claim is less than £5000)

 

2) send a copy of the schedule of charges? ( I stared this claim on-line and when I requested judgment a defence was entered some hours later!) now it's been moved to my local court.

 

3)make any staement relating to directions?

 

thanks folks

 

B.A.T.

[why!!!!!!]

hi B.A.T

There is quite a bit of info on this link regarding the info need.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation+questionnaire

claire

[bornagainthrifty]

cheers claire - I'm letting my nerves get the better of me!

[bitingback]

Hi Bornagain,

 

Just checking to see how you are settling in. Use Claire's link and any questions just post again.

 

Regards

 

BB

[bornagainthrifty]

grand thanks. sent my AQ on wednesday and am now waiting with baited breath.

 

heard a whisper on the old email that Natwest are telling their staff that the Banks won't pay out because the government are going to change the law which will mean they won't have to. Sounds like propoganda to me.

 

Anyone heard anything?

 

B.A.T.

[bitingback]

Hi again B.A.T.

 

think you might be refferring to the forthcoming OFT Report,

 

This makes an interesting read:

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

[bornagainthrifty]

Hi All,

 

Posted my AQ last week (wednesday).

 

I've got a few questions about this and the coming stages.

 

1) I'm still wating for a reply to my AQ, how long does it take to get a reply from the courts to know whether they have allocated to small claims and have agreed my draft directions?

 

2)Should I ring the court to check they got it?

 

3)Is it too early to start getting my court bundle ready?

 

4)Is it worth ringing the solicitor that drew up the defence to see if they will settle?

 

It'll only be a week tomorrow that I posted it but I'm sooooooooo anxious about the whole thing!

 

Many thanks for any advice offered.

 

BAT

[bitingback]

Hi BAT,

 

1/ If you want to check on anything feel free to phone the courts they will be helpful.

 

2/ Never too early to start on the bundle but depending on how busy the courts are you migh have to wait a bit for a date.

 

3/ I personally don't see any point in contacting the defendant for a settlement till you have at least got the court date.

 

Only a week is not long, have a cup of tea or three (best keep off the coffee i fear) and study what will happen next.

 

Best of Luck

 

BB

[bornagainthrifty]

Thanks BB.

 

One last thing. My claim is for just under £5K - or was at the time of submission to MCOL. I figure with interest it'll push it over the edge - will this effect allocation - what if they allocate to small claims and then I send my court bundle with a claim for 6-7K?

 

Cheers

 

BAT

[bitingback]

Hi BAT,

 

As far as I know the track will be dictated by the value of the amount claimed prior to interest being added on.

 

I wouldn't fear a track higher thas small claims as disclosure rules will make the banks less likely (if that were possible) to step inside the court.

 

Regards

 

BB

[bornagainthrifty]

You were spot on BB. Just spoke to the lovely people at Bedford County Court who confirmed receipt of my AQ (I wrote a cheque for the AQ payment from my Barclays account and interestingly it's not been processed yet!).

 

They've advised once the last date for filing passes (with or without Barclays filing) they'll pass to the Judge for track allocation. The court date could be two to three months after that. Would be nice to think that I'll get my money before my birthday end of May.

 

At least I can go drink coffee again

[bornagainthrifty]

Ok Hombres,

 

I've been waiting for a court date having sent my AQ nearly two weeks ago now. Just got a letter from the court:

 

"1. Unless by 28 February the defendant files a completed Allocation Questionaire the defence and any counterclaim shall be struck out without further order.

 

 

Dated 21 March 2007"

 

 

AQ closing date was 18 March

 

Surely this is a typo?

Anybody had a situation like this? What happens now?

 

Cheers .

BAT

[dickeggsy]

get in touch with the court first thing tomorrow mate.they have made a big blooper.

hope everything goes ok.

[bitingback]

Hi BAT,

 

As Dickeggsy said, me thinks you should be talking to the courts as soon as you can today.

 

Hope it doesn't cause any delays

 

BB

[bornagainthrifty]

Thanks both.

 

I spoke to the court yesterday:

 

'twas indeed a typo - they've told me they'll send an ammendment note to Barclays to correct the date to 28th March instead. I've asked for a copy as well. So no delays there then.

 

I'm feeling quite confident about the whole thing now. The very fact that the judge ruled that Barclays should submit or be struck means they didn't submit by the AQ closing date. I wonder if they'll bother to do it by the 28th. Slightly miffed that despite having a deadline the Judge still allowed them an extra 10 days tho'

[bitingback]

Hi BAT

 

Can understand your miffdom, but its better to let them have the extra time, rather than getting a judgement by default followed by a set aside and then more delay. Just my opinion mind.

 

Fingers crossed for a swift resolution

 

BB

[bornagainthrifty]

More news:

 

Despite the promises from the court of an ammendment it never materialised.

 

I finally got round to ringing the court today to find out what happened to the ammendment letter and to see if Barclays had filing their AQ and, guess what..........

 

No ammendment letter was sent out and Barclays AQ was accepted on the 26th March - 8 days after the closing date. The Case has now beeen referred to the Judge for Directions and it should be ' a few weeks' for a court date.

 

Time to start getting the court bundle together.

 

The timing of this couldn't be worse - Just found out I've got to interview for my own job in the next few weeks - S*ds law it'll clash! Ah well head down and get on with it is the only answer!

[bitingback]

Hi BAT,

 

Am waiting (im)patiently for the next installment, st least you should be on the home stretch now.

 

Sorry bout you job news, I'll keep my fingres crossed that it doesnt get too "interesting" for you.

 

Best of luck as ever

 

BB

[bornagainthrifty]

Hi BB,

 

Thanks for keeping an eye out for me.

 

No news on the bank charges front. Still waiting for the court to write to me regarding directions and acourt date - I guess everything slows down in the run up to the easter weekend.

 

How long do you reckon I should leave it before contacting the court to chase it up?

 

On a happier note - the person that was going to be the other candidate has told me they don't want the job, so it looks like I'll just be 'slotted in' (fnar fnar) without interview.

 

Take care dude(ette?)

 

BAT

[bitingback]

Hi BAT,

 

They say no news is good news, don't worry the court will advise soon, depennds on how busy they are, and as you are on such good terms with them these days its no harm in having a chat and getting an update from them.

 

Good news on the workfront, see all the stressful situations are falling away.

 

Let us know what hapens with the coure conversations.

 

Regards

 

BB

 

ps. Last time I checked it was deff "dude" lol.

[bornagainthrifty]

no harm in having a chat and getting an update from them

 

Well BB, I did just that and those kindly people at Bedford County Court came up trumps again. There should be a letter on my doormat in the next 10 days or so with a court date "sometime in May". I enquired whether it would be for a directions hearing or the real thing and the court clerk seemed to think that it would be the real thing but wouldn't commit, said that the letter would contain all I needed to know. - Such anticipation!

 

Any one else got Bedford County court and at the same (ish) stage as me?

[bornagainthrifty]

Latest update.

 

I've been away for a few days and came back to find a letter from county court stating that I've been given a date for an allocation hearing.

 

" The court needs to identify whether this claim is suitable for hearing as a fast track."

 

there's a covering letter which basically says that there's a whole bunch of us and we've all been given the same date and time because the issues are the same.

 

This could be interesting.....................

[bornagainthrifty]

By the way date and time is 17th May 11 am - anyone else got the same?

[bitingback]

Hi BAT,

 

Seems to be on the final straight for you on this one so as ever fingers crossed for you.

 

When mine was going through I set up a thread looking forpeople with hearings same day but this was in Mercantile Court, so posted in the Merc Forum. Not sure if it will help you but might be worth posting a new thread in Barclays saying "Bradford (was it) Hearing on 17th May, anyone else there.

 

I shall keep an eye out and will wait patiently,

 

Best Wishes

 

BB

[bornagainthrifty]

Cheers BB, If the Mods are ok with that I will do. I did notice that multiple thread are frowned upon.

 

BAT.

 

P.S.

 

It's Bedford 17th May 11 am.