ugly v Barclays

[ugly]

i have read that if for any reason we take the bank to court and we lose the banks can be made to pay the banks costs is this true

[welshcakes]

Hi Ugly

 

In Small Claims Court, each party normally pays for their own costs regardless of which side wins. So even if you lose in Small Claims, the bank will pay their own costs (it's one reason they have til now been citing for why it's not cost effective for them to go to court but rather make a "goodwill gesture" settlement).

 

There is an opportunity to get the bank to pay for your costs if you win (whether it be by default or on judgement of hearing evidence).

 

Where the claim is over £5k (ie outside of the Small Claim boundary) then the winning side can apply to have their costs awarded (the other side has to pay) and this is where the Claimant risks being left with all the legal costs of the bank's Defence team.

[bigal75]

go for it Ugly, when i told the court about the letter Barclays sent mr regarding not paying because of the test case they wanted me to send a copy to them.

 

when i told Barclays they apologised and said to fax a copy of the judgement and they will pay me straight away.

 

still no money (been told i refused the full offer !!!!!!!!!!!!) amongst other things (i don`t feel they know what`s going on, too many indians and not enough chiefs ! the baillifs are coming..........

[ugly]

can you tell me if it is still worth sending in the warrent to barclays bank or just to wait to hear about the oft cant really afford to keep paying extra costs if nothing is going to happen any advice ???

[saintly_1]

If you have the chance to get a warrent of execution then do so immediately

[dar£n]

Yeh agree go for it first thing tomorrow, jump on them from a great height..

[ugly]

can i send the warrent through mcol on line or do i have to phone them

[dar£n]

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

[ugly]

Hi I have now applied for warrant of execution today to Barclays. I telephoned mcol today to arrange it and they said the stay was lifted can anyone explain what he meant he wasnt really helpful

[saintly_1]

When did you get judgment ? Was it before the test case started ?

[ugly]

judgement was passed on 17th july

[saintly_1]

Ok ....... it might of been stayed by mistake along with all the other mcol cases ...... now that they have realised that the judgment had been given prior to the oft case they have removed it

[ugly]

does that mean i have pretty good chance of winning or can they still appose a stay on court date

[saintly_1]

if you have a warrent of execution then that means that they are going to approach the bank for the money owed

 

Have a read here for what you have applied for Her Majesty's Courts Service

[ugly]

Hi well i have sent the warrent of execution of to the court i rang the court just to make sure i had the correct court on the form and the guy that answered said this should put a smile on the banks faces when they see it. Am i actually in the barclays bank forum as i will need all the help poss now if i have to go to court. Help!!!!!!!!!!!!!!!!!!!!!!

[saintly_1]

Why will you have to go to court ???? what you have issued is a warrant for the courts to get you the money ...... you have won !!!!!

[enaid]

I do hope while ugly has been knocked from pillow to post with this, he has not lost his claim.

[ugly]

i thought i would have to go to court the person on the phone at mcol said it was still not a garantee that the bank would still pay me so......................

[ugly]

Hi i requested the warrant of execution with mcol on friday and recieved an email on monday from the litigation team asking me to ring them which i did today spoke to greg who said they new nothing about the warrant but said if i faxed them a copy of the judgment to them myself i would recieve my bank charges faster than with mcol.

[saintly_1]

I cant say what i want to say because it would get edited for bad language ..........

 

My betting is that they have recieved notification and are running scared

[slick132]

So, what should Ugly do now?

 

Send B's an updated SOC's including charges, s.69 interest to date and all Court Fees and demand immediate credit or cheque to settle.

 

Slick

[ugly]

Hi when i first applied for my bank charges i asked for the 8% interest but forgot to add when i asked if i could add it after i was told i would have to pay for another request to be sent which at the time i was totally totally penniless. So at present i am only claiming bank charges and fee for mcol and now warrent is it too late to claim the extra 8% as well ????????

[slick132]

Ugly, Thanks for the PM.

 

I'd send Barclays an updated SOC. Use this to set out your bank charges properly - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

The interest will be calculated for you automatically. Write on the sheet all Court Fees paid and this will give B's an up to date settlement figure. Send to Barclays telling them to pay you immediately or you'll leave enforcement in the hands of the Court.

[ugly]

Hi sorry i probably wrote it wrong. The litigation team rang the bailiff asking for a copy of the warrant but he said he would now have to pay me through them

[saintly_1]

So the Lit team are now saying that they cant pay you directly they have to pay you through the bailiffs ? Have i got that right ?