dave vs barclays

[skint dave]

cheers.

I just checked again tonight not defended still.

I'll give them a call on thursday I think.

[skint dave]

hi again I checked on mcol on thursday they have now defended but I have not recived there defence yet.

 

any advise on what I should be doing in the mean time?

 

thanks Dave

[saintly_1]

not much you can do till you get your notice of transfer to your local court you could do some reading up on what comes next http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

other than that its just waiting again

[saintly_1]

Also you could start getting together your http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html tho i wouldnt print anything out yet ... just get it all together in 1 place so that you know where it is.

[skint dave]

Thanks saintly, I have the bundle saved already and had a brief look at it.

I hate waiting!!!!!!!

 

thanks again.

[skint dave]

I still havent recived barclays defence yet is this normal?

 

I'm going away soon and dont want to miss any deadlines or anything.

[saintly_1]

give mcol a ring see if they have sent it out yet ...... tho even when you get it you will still have to wait for your local court to contact you

[skint dave]

Thanks saint. I call them on monday,

I shouldn't miss anything important over the next few weeks then?

[saintly_1]

I doubt it ........ it depends on how busy your court is as to how long they will take to contact you

[skint dave]

Hi all

 

I recived Barclays defence today.

 

It say's on page 2 that the filling of an allocation questionaire has been dispensed with in this case unless the district judge of transfer orders otherwise.

So does this mean I will not have to fill out a AQ at all?

Defence reads:-

 

1. The particulars of claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the dates thereof. To the extent it is alleged that the claiment incurred bank charges on the claimant's account for unauthorised borrowings (whether unpaid fees for returning cheques, "paid Referral fees" or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The particuars of claim are summary in nature. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

 

3. The defendant is entitled to charge the claimant for unauthorised borrowings by the reason of its standard terms and conditions. The claimant accepted the same when the account was opened including (in particuar but without limitation) the following terms and conditions (which are summarised) bla bla bla.

The rest seems pretty standard. Does this sound like a normal defence? I don't really understand it.

Sorry in advance for being so thick.:o

[saintly_1]

You may still be sent an AQ by the court that your claim has been transfered to. Even if you dont get an AQ you may still be required to pay the AQ fee.

 

Yes that seems like B's standard defence .. what they are saying in point 1 is that they havent received your SOC (We all know that they must have at least 3 copies floationg around somewhere but what the heck . whats the destruction of a few rain forests to the likes of Barclays) So send another copy of your SOC to both B's lit team and the court complete with covering letters AGAIN lol

 

 

Hope that helps

 

 

saint

.

[skint dave]

thanks saint your always a BIG help.

 

just one more dumb thing sorry! I take it I should send soc to the local court no money claim.

 

thanks again

[saintly_1]

yes send it to the local court ........ sorry i should of said that .. blame it on the blonde roots and a tiring few days work wise ;-)

[skint dave]

Hi all,

 

so after a month of waiting and a couple of phone calls to the court I finally got a letter from the court today, and it's not good news.

 

it reads

 

upon reading the court file and of the court's own motion

 

And upon it appearing that this Claim includes issues over the defendant's

entitlement to levy charges of kinds to be considered by the high court pursuant to the agreement between the office of fair trading, certain banks and the Financial Services Agency dated 25th July 2007, in respect of which proceedings have been commenced

 

IT IS ORDERED THAT :

 

1. This claim stayed until the final determination of the proceedings referred to above.

 

2. This claim, and any application to lift the stay, is reserved to district judge Atkinson.

 

3. Any party wishing to apply to vary or discharge this order must do so within 7 days of service on them of this order.

 

 

 

geeeeeerrrrrrrr will I ever see my money back!

 

how much do I wish I accepted Barclay's goodwill gesture!!!!

 

any ideas on what to do next?

 

Thanks Dave

[saintly_1]

What court is this ?

[skint dave]

Leicester. is this not normal?

[skint dave]

is there anything that I can do about this?

[saintly_1]

You can apply for the stay to be lifted http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html post 2 on here

[skint dave]

thanks again saintly, letter will be in the post tomorrow.

 

has anyone else experienced this?

[saintly_1]

Yeah Cardiff are staying cases

[skint dave]

do you no if anyone has managed to get the stay lifted?

[saintly_1]

Not had any feedback yet unfortunaltely

[skint dave]

ok thanks, I wont hold my breath then.

[skint dave]

ok so it's been a month now no reply from the court?

 

has anyone got any advise please?

 

thanks dave.

[slick132]

Skint,

 

I was given this link today, by Johnnymitch, where a case has been Unstayed - http://www.consumeractiongroup.co.uk/forum/natwest-bank/89629-nwb-defence-please-help-4.html#post1109600.

 

Maybe time to call the Court Manager and ask whats happened to your Appl'n for Stay Removal.

 

Slick