Bumear Vs Barclay's

[Bumear]

Just reading through the letter and something is troubling me. They have not sent a cheque/put the money in my account but they asked me to fill in a form if I accepted. The letter which I have written states that I am prepared to accept the offer as partial settlement if the bank do not accept my conditions I shall return the money. Should I just delete this bit as I have not received anything from them?

[dar£n]

Yeh, this is a standard 'offer of goodwill gesture' letter, stating they offer the amount without accepting liability or what ever,

 

dont worry about it now, if you are rejecting their offer..

 

If you are accepting their offer, you would have to sign the letter and return it, then they would pay out.

 

this will be the same when you get your offer nearer the court date.

 

 

dont worry, you are still on the right path, nothing out of the ordinary

 

 

****DO NOT RETURN THEIR LETTER THOUGH****

[Bumear]

Thanks yet again. Letter is now on its way.

[Bumear]

my dad has just got his court date. 12 September!

Seems a long time off. Does anyone know if they work it off the amount you are claiming?

[dickeggsy]

yeah but remember your claiming daily interest on that;)

[Bumear]

I have finally got round to submitting my MCOL information. Could someone tell me, I sent a copy of the charges along to the Court but have since found out it did not arrive.

I recieved an aknowledgement letter today. Should I send the charges to the bank and the court or just the Banks Solicitors?

[saintly_1]

I would send 1 to both just to be on the safe side

[Bumear]

Just a little confused here, I receied a notice of issue the other week stating that the defendant had until 26th July 2007 to reply. I checked the status of my claim online and it says Acknowledged 14/06/07. Does this now mean they have 28 days from the 14th, the date of acknowledgement, or is it still the 26th?

I have recevied nothing else from the bank or the court as of this morning.

[dar£n]

They have a TOTAL of 33 days from the date you served it.

 

Saying that, A lot of defences have been allowed well after the deadline so I wouldnt pay too much attention to the exact deadline if I were you.

[Bumear]

so on that basis, how do i know when too file judgment if I dont here anything?

[dar£n]

The way things stan these days, I would suggest you wait at least a week after the deadline and then contact the court,,, It has been known for the defendant to have actually entered the defence but not updated at the court... so check first.

 

If you do enter for judgement too early, the defendant will apply to have it removed which in turn will delay you even further.

[Bumear]

Ok. Cheers for that.

I didnt wanna go all guns blazing if I heard nothing.

Thanks for the help.....again

[Bumear]

Ahhh Bumhug!

Just checked online and they have filed a defence.

Was hoping to have itt wrapped up this month!!! LOL

Ahh well, on with the next bit

[welshcakes]

On the bright side Bumear, everyday is attracting 8% interest!

[Bumear]

This is true.

Do they automatically add the 8% interest on for you "If" I win or what?

[welshcakes]

as long as your Particulars of Claim (as per this site template) stated that you seek Statutory Interest, yes it is worked out til day settled.

[Bumear]

Right, I have now received the Notice of Transfer and Procedings letter saying its been moved to my town. Do I just wait for my court date now and how long does it usually take? Its just Im away next week and dont want to miss anything.

Also I was reading through the Banks Defence and they say that some of the charges are time-barred as they are over 6 years old. They were not when I started my claim so should I just ignore this?

 

Thanks

[saintly_1]

ignore the time barred ...... was point 1 reference to you not fully itemising your charges ?

 

If so send SOC's to litigation dept nd the court

 

It depends on how busy your court is ... i doubt you will hear anything in the next week or so

[Bumear]

that was point 1 and I have already sent SOC's to both court and litigation department. I will send them again as they obviously didnt get them. They went signed delivery though so I dont know what there playing at.

Thanks for your advise.

[Trucker]

that was point 1 and I have already sent SOC's to both court and litigation department. I will send them again as they obviously didnt get them. They went signed delivery though so I dont know what there playing at.

Thanks for your advise.

 

Did you send after filing? If so you have a case for B's defence to be struck out as "Abuse of Process"

[Bumear]

Yes I filed the claim and then sent copies to the court and litigation team. I recieved a leter back from the court asking me to provide my case number which i had forgot to put on. I cant find my proof of delivery for the banks copies though so i probably cant get it struck out

[oneofakind]

they had them all the time.... they can't possibly lose EVERY SOC they're sent...

 

Court delay depends largely on case load; it's unlikely anything will happen this week.

 

[saintly_1]

My theory is they have to find SOMETHIG that they can put in their defences other than its our fault lol

[Bumear]

I have a file with all 5 copies I have sent them. Think I shall have to go to the Litigation office and write it on the chalk board!

[Bumear]

I have now recieved a General Form of Judgement or Order leter from my local court saying;

IT IS ORDERED THAT

1. The claimant do file and serve further Particulars of the Particulars of claim stating:-

 

(a) Thedate and amount of each charge debited to the account and the reason of such charges.

 

(b) The reason why it is alleged that each such charge has been wrongly debited to the account by reference to the contract between the parties or the defendants terms and conditions of business.

 

Do I send the spreadsheet of charges and the particulars of claim i input on monetclaim online to my court?