molsi01 v Barclays

[molsi01]

So I hear - but Im gonna stay up until midnight on the 6th and if there's no acknowledgement then apply straight away

[saintly_1]

mcol can also be slow at updating read here http://www.consumeractiongroup.co.uk/forum/barclays-bank/78529-puddinpie-barclays.html

[molsi01]

OK, thanks to the link sent by saintly_1, I have more things to worry about!

First of all, if I do apply for judgement, it seems that Barclays can ask for it to be set aside... but what exactly does that mean? Im sorry, but Im not that clear on legal terms.

Also, how often do we think that MCOL would make the mistake of not realising that the claim has been acknowledged? If I phone MCOL and they say that no, the claim hasn't been acknowledged can I trust them? I dont want to email Barclays asking if they have acknowledged it when they haven't as it could prompt them to do so! Finally, does anyone have an email address I could use for Barclays? (Sorry for the long post...)

[molsi01]

Dont know if anyone saw my earlier post... can anyone help me with my questions? (Sorry to sound impatient, but its getting close to my deadline - i.e. tonight!)

[saintly_1]

I wouldnt be too impatient to apply for judgement a set aside which means they get extra time to produce the acknowledgement think its another 28 days if they then dont responde you win because they cant apply for it to be set aside again. I would wait a day or 2 before applying for judgement as they will more than likely of acknowledged your claim

 

The email address for Barclays Litigation Team can be found here

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[molsi01]

Thanks very much for the reply saintly_1... I'll see what happens tomorrow.

[molsi01]

OK, help needed! Today is the day I can issue a judgement by default on MCOL as Barclays have not acknowledged my claim, but I have a couple of questions after reading some of the threads on here.

Is it worth getting in touch with the Litigation Dept. at Barclays first to tell them I am about to issue judgement? (My argument against this would be why should I, if the roles were reveresed I wouldn't get contacted would I)

Should I check with MCOL by phone first to make sure they haven't made a mistake on the website and Barclays HAVE in fact acknowledged?

Any advice gratefully received...

[MEOB]

I am not an expert on this stuff, but I wouldn't contact Barclays just yet because you will tip them off that they haven't acknowledged.

 

The banks have been known to get away with late defences, so I would just go ahead and apply for the default.

 

As for the website being wrong, you should soon find out if you apply for the default.

[molsi01]

After doing what I should have done in the first place and READ MORE POSTS(!) I have decided to write to the person who has been dealing with me so far (well, the person who made the offer) and offer him 7 days before applying for Judgement. Here is the letter I will be sending - any comments gratefully received:

-------------------------------------------------------------------------

Offer of settlement.

 

Dear Martin Bennett,

 

You have not filed a defence for claim number 7XXXXXXX at Northampton County Court, and the time to file a defence has now passed and judgement in default has been granted.

 

I am writing to give you one final opportunity to make full payment of £X,XXX.XX

(This breaks down as £X,XXX.XX of charges and interest, plus £XXX.XX court costs)

 

If I have not received payment in full by 4pm on 13th June 2007 I will file for Judgement in Default.

 

------------------------------------------------------------------------

 

That sounds ok, doesn't it?!

[Tipsy0nBacardi]

You have put in your letter that a default judgement has been granted when it hasn't! I would give MCOL a ring to see if they have acknowledged yet, the mcol site doesn't update automatically it can take a couple of days to show up.

[molsi01]

Funnily enough, I just spoke to MCOL and a very nice lady by the name of Sue said that the website is updated the same day as the acknowledgement or defence is received. I know I have read at least one thread where the site wasn't updated, but in my case its all accurate so far. She said I could now claim for judgement by default, hence the wording of it being granted...

[dar£n]

Hmm, my experience is that MCOL only update ONCE a day.

and that is around 11am.. So if a defence is entered AFTER this time it will not be updated until the following [working] day

[Tipsy0nBacardi]

I would still stay it hasn't yet been granted as Barclays also have a nasty habit of acknowledging and defending late and get away with it (which I personally think is unfair).

Hit the judgement button then if mcol have given the go ahead lol

[Tipsy0nBacardi]

Hmm, my experience is that MCOL only update ONCE a day.

and that is around 11am.. So if a defence is entered AFTER this time it will not be updated until the following [working] day

 

Mine didn't update for 2 days after acknowledgement and defence

[molsi01]

Well Im giving them an extra 7 days anyway - I didnt want to automatically apply for judgement, then have Barclays apply for it to be put aside and then have more delays... Im trying to be nice to them and say "look, if you settle now its another case you can cross off and forget about so you can concentrate on the thousands of others". Im also thinking that because of the excellent reports I've read about her, I will contact Krysta at the litigation team after the 7 days are up and see what she says.

[saintly_1]

if you do manage to get judgement by default B's could then apply for a set aside which will proberbly be granted thus giving them more oppertunity to prolong the final outcome

 

Just a thought

[molsi01]

OK, an update. I didn't file for judgement by default, and now Barclays have submitted a defence. I am now waiting to find out which court my case has been transferred to. I am about to start getting my court bundle together (be prepared, as the boy scouts say) but I have read on here alot of people actually contact the litigation dept. and see if they will settle before going that far. When do you think would be a good time to do this? Should I wait for my court date first? Any help gratefully received...

[saintly_1]

! would wait till you have a court date through however pennypenny has been paid in full before getting a court date

[molsi01]

I must admit, Im feeling a leeetle nervous now. I didnt think it would go this far. Im not worried about going to court (I've been enough times through certain driving offences!) but Im just a little nervous about getting everything right with regards to documents, questionnaires etc. I think I'll wait to see what court I get transferred to and when the date is, then maybe contact the litigation dept. Are there any examples on this site that could be used as wording in a letter / email? Also I heard from a lady at MCOL that the AQ's are no longer being sent out - has anyone else had experience of this?

[livelylad]

Contact Krysta Campbell Direct dial 02071164753 Fax 01452 638359 and ask if she is prepared to settle.

[saintly_1]

it really depends on your local court some are dispencing with them others still send them out ... you may still have to pay the AQ fee tho

[molsi01]

Livelylad, thanks for the info. I'll get the court date through then get in touch with her. saintly_1 I dont mind paying the fee (I assume I can claim this back?) and I guess I'll have to wait and see if I get the AQ.

[livelylad]

Livelylad, thanks for the info. I'll get the court date through then get in touch with her. saintly_1 I dont mind paying the fee (I assume I can claim this back?) and I guess I'll have to wait and see if I get the AQ.

Yes the AQ fee can be reclaimed. You may be waiting a while for a court date. Ring the court to find out roughly when your case will be heard. Rininging Barclays now will do no harm.

[molsi01]

Livelylad - I know this is going to sound daft, but Im not sure what I would say to Krysta! I dont know if I should try and be nice and friendly and chatty, or if I should just be all business (polite but firm). Im not sure if Im comfortable with getting into a phone conversation...as Im in no huge rush to get this completed, maybe I'll stick to communication via letter / email? (Coward, I know...!)

[livelylad]

Livelylad - I know this is going to sound daft, but Im not sure what I would say to Krysta! I dont know if I should try and be nice and friendly and chatty, or if I should just be all business (polite but firm). Im not sure if Im comfortable with getting into a phone conversation...as Im in no huge rush to get this completed, maybe I'll stick to communication via letter / email? (Coward, I know...!)

 

Just write down the points that you want to make before you phone her. Just be polite but firm she is a friendly person so you will be fine.