Helja vs Barclays

[swanseastu]

Hi everyone, little bit nervous as ive got over £4000 easily from Halifax and now taking on Barclays for my financee.

 

We are at the MCOL stage and I have filed a claim for only £800 odd.

 

Today we have recieved the following from Northamption County Court wth the following documents.

 

1) Notice of Transfer of Proceedings - stating that a defence to our claim has been filed and that the claim has been transferred to the court where the claimant lives. The paragraph on this document relating to the allocation questionaire has been crossed out.

 

2) The second document, is an order before a districrt judge in Northampton without hearing and the order states " The filing of an allocation questionairre be dispensed with unless the district judge at the court of transfer orders otherwise" Note.Any party affected by this order may apply to have it set aside, varied or stayed. Such a party must apply within 14days of service. (order drawn 13/4/07)

 

3) the 3rd document worries me a bit more, its the defence and counterclaim document, completed as follows

Section 1 - I dispute the whole clim

Section 2 - No

Section 3 Defence - in this section and continued over on 2 more pages is there defence with 11 sections of defence. I hoping this is all standard defence statments but would love to hear that others have these 11 paragraphs of defence.

section 4 - Blank

Section 5 - Signed Adrian St John

 

Hopefully someone can confirm this is all normal and that all I have to do is sit and wait for a hearing date in my local court? I dont think I have to do anything else?

 

Ive followed all the guidance, templates etc supplied here and on MSE.

[dar£n]

Its all very standard,

Your AQ stage has been dispensed with as is becoming the norm now. you will next get your court date along with directions.

 

nearly there!!!!

[dar£n]

when you have your notification of the court, send in an updated SOC to both Barclays at Churchill Place and the court [by recorded delivery]

[swanseastu]

Its all very standard,

Your AQ stage has been dispensed with as is becoming the norm now. you will next get your court date along with directions.

 

nearly there!!!!

 

Thats good to hear, we have stuck with Halifax (that was so easy) and then with Marbles (bit harder, but still easy) but these have raised a bit more doubt in my mind.

 

This is the first one we have have to take to the court stage. Just read the 12 paragraphs of defence agaion and the more i read them, the more they seem standard, starting with us not providing the details of the precise charges in the particular of the claim, through to number 12, which just seems to be a riddle.....:o

[swanseastu]

when you have your notification of the court, send in an updated SOC to both Barclays at Churchill Place and the court [by recorded delivery]

 

SOC - Statement of Charges? - including interest upto the date i raised it, including Court Costs, and any personal costs? Postage, £10 Data Request etc I assume?

 

Thanks

[oneofakind]

Everything you're trying to claim back!

 

Don't be nervous, Barclays may be more stubborn than other banks, but they always fold in the end.

And yes, sounds like you got the standard 'one size fits all' defence!

 

Nearly there now!

 

[oneofakind]

Is para.12 that lovely bit of bo****ks about them reserving the right to claim the amount YOU owe THEM because their charges didn't actually cover their costs? Gets me every time, that one!!!

[swanseastu]

yep, i think thats what it means, starts off in the alternative, and without predidjuce, and then goes down hill from there. I glad you roughly translated it, cause i thought it could be used a clue from the old tv programme 3-2-1 - where you could win dusty bin:lol: :lol:

[swanseastu]

Had a reply today from the Cardiff County Court as follows:

 

General form of Judgement or order

 

Before District Judge XXXXon XXX at xxxx

 

Upon the courts own motion. The Court has made this order of its own initiative without a hearing. Ifg you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

ITS IS ORDERED THAT

 

1) Directions will be given in this case by Designated Civil Judge his honour Judge XXX on 14th August at Cardiff Civil Justice Centre

 

2) The Parties may appear in person or make written repsentations as to how the case should proceed provioded a copy of the representation is sent to the court and other side at least 7 days prior to the hearing.

 

 

 

Any ideas guys, sounds worrying again......

[oneofakind]

Have a look at

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Should help!

 

[images724638]

got my court date with barclays no directions with it . just said upon perusal of court order file , and the court date

[swanseastu]

I hope that all it means is that each court works in a different way. Good job we have a universal court system :???:

[images724638]

just realy confused now going to ring court in morning to see what they say

[swanseastu]

Im now 8 days away, and reading the hearing, im not sure if we need to put out anything in writing (within 7 days), or if its ok to make verbal rep's as per the links above? Just looking for clarification, my wife is very nervous about having to say something in court, any re-assurances out there? Thanks

[swanseastu]

Anyone help? thanks

[saintly_1]

If your at Cardiff on the 14th then unfortunately your case is stayed You should be getting notification in writing

[swanseastu]

Sorry - late night ignorance kicking in here - what you mean by stayed? we both taken a days leave from work to travel to Cardiff by train to apppear in person - is this worth it then? No comms from court grrrrrr...

[smutley]

Hi check out the cardiff thread, all claims for the 14th are stayed, ie to be heard pending the outcome of the 'test case'... give the court a ring tomorrow to double check with your claim number, I rang today as I had not received the stay letter, but told it was in the post which I expect is where yours is. The next stage is to fill in a N244 and attach the objections statement to it.. all listed in the cardiff thread. I know its a bummer!!