Help Please , Barclays

[Sara-Jane]

Dear all i am freaking out .

 

right i wil explain and i pray some one can help explain things to me .

 

i went through all the letters and took my bank to court .

 

14 days past from when i served them and they acknowledged . 14 days laster they had not entered a defence so i started judgement , before i did this i checked with money claim that i had the dates correct and they told me i had , 24 hours later the judement has been declined and there is a back dated defence that WAS NOT eneterd at the point i entered judgement .

 

i understand it gets passed to court now i am not sure of time scales , there isnt much step by step info now because apparently it doesnt happen that much .

 

HOW LONG NOW

WHAT DO I NEED TO DO NOW

WHAT TIME SCALES SHOULD I STICK TO

DO I NEED A LAWYER

WHAT DO I SAY IN COURT

 

i am on the brink of a break down i really need this money

[why!!!!!!]

Hi sara-jane

Firstly welcome and dont panic!

Sit back and wait for the defence and Allocation Questionnaire(if they send one) You are at stage 7d of the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html take a look at them and familiarise yourself with the AQ just in case the judge requires it. You do NOT need a lawyer.

claire

[rory32]

Hi Sara-Jane,

Banks quite often enter a defence but they nearly always either offer you a full settlement just before the case is due to be heard or don't turn up so you win by default. So don't panick you will get your money - it might just take a few weeks longer.

[Sara-Jane]

so all i need to do now is wait for the courts to get in touch , does anyone know what sort of time scale i am looking at now , because i cant go into it but i really really need my £1600 to pay for an operation , i just feel like ringing the bank and begging

[why!!!!!!]

Yes, I sent my AQ back to the courts 4th December 06, then i received a letter from the courts 25th january to say my court date was for 26th march. barclays offered full settlement on the 28th February. I was desperate for my money to pay funeral expenses and i pleaded with barclays (im not ashamed to say). But they dont seem interested in settling unless you have a court date.

[Sara-Jane]

so i'm looking at 2 to three months , oh god that bad i may have to settle at what i can get

[Micky the Hippo]

Sara Jane, be brave and remember that you're the one that will win this and the bank will lose, for all their bluster and nonsense, read some of the other Barclays threads for reassurance of that

 

follow the routine procedure as laid out on this site and they'll settle in full a week or so before your court date, maybe sooner

 

and post on here for guidance and support, you've done much of the work now, it's just a matter of filling in the odd form following the timetable

 

if you do ring them to let them settle, for heaven's sake don't sound like you need to settle

[rory32]

Sound advice Micky.

Sara-Jane everyones circumstances are different so if its going to be a major problem waiting then get in touch with the bank and see if they would be willing to make a sensible offer, saving you all a lot of time and bother. As Micky says don't sound desperate even if you are and if they do make you an offer your willing to accept get them to confirm in writing and wait until you actually have the cheque before dropping the court case.

[Sara-Jane]

Hey all so i'm strugling with my Aq . i have got stuck at G more info i have been looking at the following link

 

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

 

I'm not really sure what i should be writing in the section G bit i get i need to say its an hour long and that apparentley i need to ask for a request for the Judge to order a form of 'basic' disclosure from the bank . but i dont know why i need this as i dont really get what it is can someone help me with the wording that would be great .

[Sara-Jane]

Also one more question i paid a court fee through the money claims but it is asking in section H 'Have you attached the fee for filing this allocation questionnaire'

 

does this mean i tick no as i have paid already ( the £120 paid to money claims ) or yes and find out how much i need to attach from my local court .

[Firecracker]

I ticked no to that bit as I wasnt sending a fee at that stage.

 

The bank will pay you back the £120 when they settle.

 

As for G) I just put that it will take no longer than 1 hour.

[Sara-Jane]

Hey all

 

so today i have prepared my AQ . in section G i have said that it will take only an hour and also i have added the standerds Draft order for direction. Slightly worried about the bit on the first page that says 'LAst date for filing with court office'

 

i took this as being 14 days from Notice of proceedings letter dated the 18th of april , so i have entered 2nd of May . so i have to get my ass to the court tommorrow to get it in in time , as i know the letter says the 18th but i got it through my door on the 21st .

 

anyway i9 hope i have done the right thing as long as i hand it in the court tommorow i guess that has met the dead line . papping myself a bit now , not sure of all legal jargon i need to include with court bundle which i havent prepared yet as i will wait for court date .

 

can someone confirm that my AQ stuff is right before i send it

[Sara-Jane]

ok just had a chat with a work college she is at the same stage we both receieved the same 'Notice of Proceedings' Letter .

 

the cover letter reads

 

A defence has been transferred to the court covering your area where the claiment lives or carries buisness .

 

(the following bit had a line crossed through it )

 

PLease read the accompanying document carefully and note that the allocation questionaire should be returned to exeter County Court'

 

I rand the court and explained all of this as there was no AQ attached they advised me to fill in AQ and send in but my college has had different advise saying it was scored out for a reason as they no longer need a AQ in these cases. Totally confused

[dickeggsy]

i'd send the AQ in anyway just to be on the safe side.

if they don't need it they will probably bin it.

you should get a court date set in the next few weeks probably for around july/august i would imagine.

good luck.

[Sara-Jane]

Hey

 

just spoke to the courts and they confimed for me to send it in even though they didnt ask for it , also a allocation fee of £100 . more money the bank has to pay me dont know why they dont just cough up

[Sara-Jane]

oooo actually do they pay the allocation fee back ?

[dar£n]

Sara, yes they do, in fact if youre cheeky enough they will pay you for costs for posting the court bundle etc.

 

One claim ended yesterday with B's sending the settlement figure out which included postage costs etc and the claimant disagreed cos it didnt have the last 82p for postage on it.....They paid the lot.

 

its the ole thing, if you dont ask...you dont get!

[Michael Browne]

oooo actually do they pay the allocation fee back ?

Yes

[Sara-Jane]

cool wow i may claim my recorded delievry caosts as i have all of the reciepts , still i feel sorry for anyone who cant afford all these court costs but i guess thats why they drag it out so that people just take what they offer

[Michael Browne]

See here:

Wasted Costs order