Gav vs Barclays

[gavthegardener]

Hello all.

 

Been follwoing your progress with interest over the last few months and now have arrived at the offer form Barclays stage, next comes the court bit and things are getting scary so I thought I'd start my own thread now.

 

First question:

 

Do you have to respond to their paultry offer? Or can you just get on with court proceedings?

 

They offered me #750, about half of the #1500 they owe me.

 

Thanks inadvance, good luck to those in progress and congrats to those who have won.

[crashbandicoot]

Hi Gav, you don't have to respond to their offer, especially if it is very close to when you're about to file your court claim. So go ahead with that if you want to, they'll soon know you've rejected their 'generous' offer. You can, of course, send them a letter from the templates to say that you'll accept it as partial payment, and pursue the rest in court. Either way, they know what the next stage is, as you've already told them!

[gavthegardener]

Thanks very much for your swift reply. To be honest I think its past the date I gave them so off to court we go!

 

Gav

[gavthegardener]

Question number 2

 

Do you get all your court costs back? e.g the #120 for sumbiting my online claim, and the #100 I',m told you have to submit with the questionaire?

 

Thanks very much to anyone who knows, I am a research scientist and thought I was smart but when it comes to law and its many ways I'm in the dark and just want my god damm money back of those theiving......

 

G

[crashbandicoot]

Yes Gav, you should get these back, because the bank has forced you into litigation. When they call you to settle, just make sure you include these figures into the settlement figure. Generally, if your claim is over £1500, you'll need to send £100 with the allocation questionnaire, as you said. However, if a fee is not required, the court will let you know. My Halifax claim was just over (£1513) so I sent a £100 cheque and they returned it back to me as it wasn't needed. They had put 'no fee' in handwriting on the AQ but I wasn't sure so I sent it anyway.

[sandbag]

Question number 2

 

Do you get all your court costs back? e.g the #120 for sumbiting my online claim, and the #100 I',m told you have to submit with the questionaire?

 

Thanks very much to anyone who knows, I am a research scientist and thought I was smart but when it comes to law and its many ways I'm in the dark and just want my god damm money back of those theiving......

 

G

 

Hi Gav - yes you get all the court costs back - just add them to your claim.

Hope that helps

Regards Sandbag.

[sandbag]

We meet once again my dear crash - pmsl.

Sandbag.

[crashbandicoot]

Pmsl Sand! Gav, you've got two women fighting to respond to your posts...feel priviledged!!!

[gavthegardener]

The date Barclays have to submitt a defence by is tomorrow and I was wondering how long (ish, I understand it might be different from location to loaction) away the court date will be?

 

I am using the HMCS online route.

 

Thanks for your answers and good luck to everyone

 

Gav

[bennyowen]

Gav

 

If the bank submit its defence, the online court popularly known as MCOL will transfer the case to your local county court. You and the bank will then be notified of the transfer and you will get a copy of the defence filed by the bank. The letter from the court to both of you will also contain an Allocation Questionnaire(AQ) to complete and return.

 

After the AQ is returned, the court will then set a hearing date.

[Shuff]

I thought, if you had gone the MCOL route, they are doing away with the need for an AQ now?

[bennyowen]

I thought, if you had gone the MCOL route, they are doing away with the need for an AQ now?

 

There will not be need for AQ if the bank fail to submit a defence allowing you to request judgment by default.

 

However, most banks tend to submit their defence at the last minute. Therefore, the processing at MCOL stops when the bank submit their defence and the case is transfered to local county court. All communication will then be with the local county court.

[Micky the Hippo]

no-one's answered the question have they?

 

I won't because I don't know but I'll add that the bank often gets it's defence in late and the court seems fine with that

[ramouth]

My court date came through about 1 month after i reterned my AQ. The actual date for court was a couple of month later (next wed in fact!). It is a very slow process but worth it in the end. Good luck! x r

[madhouse5]

Also quite a few of us have the courts have done away with the AQ especially if you filed through MCOL, it speeds up the process. I however filed through local court with N1 and received AQ which I'm returning this week.

 

Good luck, madhouse5:)

[Bookworm]

The date Barclays have to submitt a defence by is tomorrow and I was wondering how long (ish, I understand it might be different from location to loaction) away the court date will be?

 

I am using the HMCS online route.

 

Thanks for your answers and good luck to everyone

 

Gav

 

The answer is: It will depend on where in the country you are. However, most courts are now chock-a-block with cases, and you are looking at an average 3 to 4 months to court date.

[Bookworm]

Also, 2 threads merged, pls keep to 1 thread per claim, it makes things easier to follow.