Defence filed by them 30/11/06 still no money

[LolStevo]

Hiya i have received the allocation questionnaire for Barclaycard claim £620.00, i have filled the form in the only thing is about where it says "have you attached the fee for the aq"

well as the claim is under £1500 and there is no fee, do i tick yes or no!?!?!?

[Michael Browne]

Tick no.

[LolStevo]

Hiya, i am acting on behalf of my dad, this claim seems to be going on forever!!!

They filed the defence on 30/11/06 and sent AQ which was sent back the day after recorded delivery, we have phoned the court many times who say that we have won by default i think and that the judge has to decide but still we have not had nothing and everytime we call the court they say the same thing! Im stuck now at where to go!

 

Can anyone help me pleasE??!?!? thanks xx

[Bookworm]

If they filed a defence, and it then went on to AQ stage, why do you think you've won by default?

 

As far as I can see, difficult to tell with such little info, you should have have received a court date by now, with court directions on it.

 

You say "the court say the same thing". What do they say?

 

I'm sorry, but you need to be more precise if you want us to understand and help.

[LolStevo]

Sorry, well they filed a defence and they sent an aq which was sent back, then the 30days passed and we phoned the court and asked what was happening, they said it was upto the judge because barclaycard had not got back to them i think and then we had a letter to say it had been moved to a court close to us which was fine, but still we have not had anything. When i phone the court where it is held, they say we have to wait for the judge to decide what to do!

Im sorry if i sound like i dont know whats happening but i dont! haha my other claims went to court but did not take this long! thanks x

[LolStevo]

Can someone advise me what 'judgement' is in court terms! Thanks x

[Bookworm]

Ok, they - B/card, filed a defence, but they - the court, sent the AQ, not B/card. An AQ does what it says on the tin, it's for the judge to decide which track to put the claim on, how much time to allocate, etc... And the AQ would have been sent by your local court, not MCOL.

 

Sorry to harp on, but you say the court say "we have to wait for the judge to decide what to do". Regarding what? When you phone them, what are you asking them for? At the moment, as far as I can see, all you're waiting for is a court date. Aren't you?

 

If I may make some assumptions, the way I see it, is that everything is going according to plan: You file claim, they file defense, AQs get sent out and returned, court date gets set, etc...

Ahhh, unless B/card didn't return THEIR AQ? In which case, judge would have to decide whether to throw their claim out and award you judgment by default, or grant them more time to comply...

 

Ok, 1st things 1st, we need to know where you stand. So ask the court office:

a) whether B/card returned the AQ or not.

b) If not, whether judge will allow you to apply for default judgment.

c) If yes, whether there's any update on a court date

 

Let us know how you get on.

[LolStevo]

Hiya! Well today have had a letter from Liverpool court and the judge has set a date for the claim to be heard the 13th June! aaaggghhhh does it even go to this stage and if so how hard is it in court? x

[Bookworm]

Stop panicking!

 

I think you need to stop, take a good long hard look around the Barclays and B/card forum, and in particular at the successes sub-forum, and you will then be able to see for yourself the answers to your questions. At the moment, you are worried because you don't know what to expect next. If you read around, you will know what to expect and be far less worried as you see each step developping as expected.