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going to court soon


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Just a quick update.

 

Had not heard anything from the courts since i filed papers so i gave them a call today and they informed me that my papers have been deemed served on the 31st March so Barclays now have 14 days to submit defence, lady on phone said that the 14 days includes weekends and the easter bank holiday - was plesently suprised about the weekends but find it hard to believe about the bank holiday - so either way i will check again on 16/4/07 with the court for an update if i have not heard anything.

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She's right. Weekends and bank holidays are only excluded if the court requires a response in 5 days or less. As they've 14 days weekends and holidays don't count.

 

By the way they've 14 days to file a defence or to acknowledge the claim. If they acknowledge the claim that gives them 28 days from date of service of the claim to file their defence.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Addy is completely right, this is a pain in our butts,

they can acknowledge the claim on the 14th day which then allows them another 28 to submit their defence, and guess what, they use it too, Grrrr!

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Well, they can acknowledge the claim on the 14th day which buys them another 14 days, rather than another 28 days, so it's not quite that bad. I've edited my post above as I missed out a couple of words that could cause confusion.

 

Realistically I'd not anticipate a defence to be filed before the last moment, which allowing for the fact that the final day falls on a weekend (although the time is up on the weekend if it arrives on the Monday it's still counted as being there in time), which would be the close of the court on 30th April.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Thanks for the replies recieved a letter from court saying the deadline is 16/4/07 as i thought - then if they acknowlege then they have 14 days from date of acknowlegment? have to file a court claim for my second claim for barclays of £210 as mentioned before on Tues. - will keep you posted

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then if they acknowlege then they have 14 days from date of acknowlegment?

Depends how early they acknowledge. If they acknowledge on the last possible day they then gain an extra 14 days, if they acknowledge earlier than 14 days they gain proportionately more time to submit a defence.

 

The way it works is they've 14 days from the date the claim is deemed served to acknowledge or file a defence.

 

If they acknowledge within that 14 days they then have 28 days from the date the claim was deemed served to file their defence.

 

There's a subtle difference between saying they've 14 days from acknowledgment to file a defence and saying they've 28 days from service of the claim to file a defence if they've acknowledged the claim but when you're checking every day it's best to be certain.

 

If you've got the notification of issue that the court sent you (I forget its title and form number) it should tell you the date that the claim is deemed served. Add 29 days (calendar not working days) to this to get the latest date for a defence if they've acknowledged (there's a reason for adding 29 days not 28 days - there's sometimes a discrepancy between the dates given by court staff and the actual limits given in law and if there's any doubt the defendant gets the benefit). If that 29th day is a weekend or bank holiday then take the next working day as the last date for them to submit a defence.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Just a quick update called the court at 4pm and they said they have not reicieved anything from barclays and i can enter Judgment if i want to - which i do and will be doing in the morning. - is it save to say i have won? or could barclays have a last minute twist of the knife (they had untill 16/4/07 to respond) is that 4pm on 16/04/07 i think i might just call tomorrow before i enter judgment.

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Just a quick update called the court at 4pm and they said they have not reicieved anything from barclays and i can enter Judgment if i want to - which i do and will be doing in the morning. - is it save to say i have won? or could barclays have a last minute twist of the knife (they had untill 16/4/07 to respond) is that 4pm on 16/04/07 i think i might just call tomorrow before i enter judgment.

 

Don't be surprised if the enter late and it is accepted.

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ok so i filed judgement today as i called court this morning and Barclays still had not acknowledged the claim so i win by default.

 

The court said they have around 6 days backlog and i will hear something the end of next week and when i do i should contact Barclays to arrange payment.

 

So i guess i won but wont celebrate just yet not untill i get my money, but it does feel good already. lol :D

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Ok, don't celebrate just yet.

 

Barclays will not just accept a CCJ, they will apply to get it set aside. In some cases, they write and say they will pay asap as long as you don't object to the set-aside, in some cases, they just go straight to court to apply.

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so sorry bookworm, but i didnt understand that whats set-aside?

 

It basically means they will apply to have the judgement set aside. They will prob claim an error of some sort on their part and will state they will pay up if you agree to the set aside.

 

This means they don't get a CCJ against them.

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whats set-aside?

Part 13

A judgement in default means a judgement entered because a defence or acknowledgemnt has not been filed. It follows that the case will not have been allocated to the SCT and the application is not protected by the 'no costs' rule.

 

The court MUST set aside a judgement in default if:

a) the judgement was entered too soon.

b) if the claimant has obtained judgement after making an application for summary judgement

 

The court has the discretion to set aside a default judgement if:

a) the defendant has a real prospect of successfully defending the claim

b) it appears to the court that there is some other good reason why

[e.g the defendant should be allowed to defend the claim.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 2 weeks later...

good and bad news

 

good news - my second account for barclays (£210) they wrote me a letter today to say amount is in my account with the usual rubbish about how they were within there rights and that it is a good will guesture - will cancel my court claim monday - am well happy - they must have found the letters? but in the mean time they have charged me twice so might phone them and ask for the £60 to be refunded also? or should i start another claim - do i have to start a claim if i ever get charged again for each individual claim - dont get charged that much anymore?

 

Bad news - for my big claim (£2002.08) i still have not recieved judgement from the court yet, i filed for judgement on 13/4/07 have called the court but all they said is that they are a week behind on claims/judgements? so will have to wait a little longer.

 

But am like a bounty hunter in the mornings for the postman! lol

 

also have started a thread in barclaycard as i wrote them requesting statements they wrote back saying they must have deleted my account information. I had the account 2001 -2004, surely they cannot do this? any advice on what to do next? -( sorry no one replied on the barclaycard thread) they have given me 14 days to reply

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good and bad news

 

good news - my second account for barclays (£210) they wrote me a letter today to say amount is in my account with the usual rubbish about how they were within there rights and that it is a good will guesture - will cancel my court claim monday - am well happy - they must have found the letters? but in the mean time they have charged me twice so might phone them and ask for the £60 to be refunded also? or should i start another claim - do i have to start a claim if i ever get charged again for each individual claim - dont get charged that much anymore?

 

Bad news - for my big claim (£2002.08) i still have not recieved judgement from the court yet, i filed for judgement on 13/4/07 have called the court but all they said is that they are a week behind on claims/judgements? so will have to wait a little longer.

 

But am like a bounty hunter in the mornings for the postman! lol

 

also have started a thread in barclaycard as i wrote them requesting statements they wrote back saying they must have deleted my account information. I had the account 2001 -2004, surely they cannot do this? any advice on what to do next? -( sorry no one replied on the barclaycard thread) they have given me 14 days to reply

 

Congrats on the win.

 

With regards to Barclaycard, nothing surprises me with this lot. Complain to the ICO see here: Complaints

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Thanks for that, have contact barclaycard and their complaints team will be in touch in 3 days with an outcome!

 

on an even sadder note BARCLAYS DEFENDED MY CLAIM their deadline was 16/04/2007 and they defended on 26/04/2007 ten days late! phoned the court who said that with the backlog the judge decieded to deal with which ever they came across first my judgement or defence and they came across the banks defence first ( i entered judgement 17/04/2007) i thought this highly unfair and the lady at the court said i could write a letter complaining and the judge will look at it again but it will delay proceedings and that in 100% of cases the banks are settling out of court and that i should just go ahead.

 

So game on

 

so i am now filling in my Allocation questionaire

 

i have recieved barclays defence i take it that it is just a standard thing - even though it does state that claims before 26 march 2001 should be denied - as it is passed the 6 year deadline i dont understand this as i have no claims before 26 march 01 they start October 2001? am i right to believe they are sending the same out to everyone?

 

any tips for the Allocation questionaire i am now reading up on next stage and what to expect

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Now finished my allocation questionaire very straight forward form.

 

just for clarification in section G i have put

 

I believe the case will last no longer than an hour

 

Please could i request that the judge order a form of 'basic' disclosure from the bank, this has been attached for consideration and i believe it will bring a speedy end to litigation. This was devised by the Mercantile Courts for a similar case.

 

Is this right - if so i will take into court first thing tomorrow. Does this actually work if the bank does disclose this information, wont this mean more work for me.

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Please is there anyone out there who can help with my above post - going to take the questionaire in to court today and would hate to have put the wrong thing in section G!

 

any help appriciated

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Have a look here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

go to the thread that shows the example of the N149 form [second example]

 

hope thats what you wanted..if not get back to me..

 

Daz

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi Thanks, yea that is sort of what i wanted - i filled in the questionaire from the advice on thread, only bit i was unsure of was the wording in section G - just wanted to make sure it read right, made sense and said what it was meant to. - once i send the allocation in do i just wait for a response from the court?

 

in section G i have put

 

I believe the case will last no longer than an hour

 

Please could i request that the judge order a form of 'basic' disclosure from the bank, this has been attached for consideration and i believe it will bring a speedy end to litigation. This was devised by the Mercantile Courts for a similar case.

 

 

Can anyone help with the next stage, what do i need to put together for my court bundle?

 

sorry for so many questions dont mean to be a pain

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  • 3 weeks later...

just thought i would update you all i have sent in my AQ (hope i filled it in right) now just waiting for a court date i guess any ideas how long i may have to wait untill barclays settle? also the court asked if i would be happy to try mediation i agreed to this as it was advised by the court by making me look willing to co-operate with the bank/court by all means. was this the right thing to do?

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