car2403 -v- Barclays Bank "won"

[car2403]

I can't check this account, as they've removed if from my old Internet Banking account - which is probably intentional on their part.

 

Incidentally, I'm also challenging the enforceability of this overdraft balance in my other thread, here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

 

This could be an attempt to solve both issues by off setting the overdraft with the charges reclaim and then trying to sweep both under the carpet.

[slick132]

Hi Car,

 

Just had a look on other thread - I see now how complicated the issues are. Over my head to be honest but good luck with the ongoing battle.

 

As another poster said, you don't do things by halves !

[car2403]

Didn't get to ring the Enforcement Team in time this morning, so I'll have to try again tomorrow before 9am.

[car2403]

[Removed as a duplicate of the last post]

[car2403]

Missed the bleeding Bailiff again - you have to up and out quick to catch these guys in the office!

 

I've just tried to ring Krysta from the Legal Team on 0207 1164753, which is on the Barclays forum sticky - am I so out of date on these contact details that I've got the wrong number?

[slick132]

Hi Car,

 

Kate's Direct line was 0207 116 4664

 

Fax was 01452 638 430

 

Slick

[car2403]

Got through to the Bailiff who has said that Barclays paid them on 31 October and they pay this in to Bow County Court, who hold on to the payment (a cheque) for 14 days to ensure it clears then forward payment to me. He said I should have the funds by next Friday or to call back for an update.

 

Interestingly, (and I hadn't noticed when the warrant was issued!) Morpeth County Court issued 2 warrants for me - 1 for the right amount and another for £2.5k! They wrote to Bow to withdraw the wrongly issued warrant, but the Bailiff had to tell Barclays that because they were going to pay me £2.5k! (I bet someone is waiting for that - any claimants issuing warrants against Barclays from Morpeth CC that isn't me on CAG?)

 

So, it's another waiting game, but at least I have some assurances that I'm near the end-end-end-game now!

[TECHSPEC]

Ive been harrassing Bow court, and bailiffs, aswell as MCOL, after they ignored my friends warrant.

 

In my last email I put "Rumours that your bailiffs are scared of Barclays have filled me with disbelief". I thought this might give them a kick up the butt. You know what their ego's are like.

 

Within days, it showed as paid on MCOL, so hopefully my friends money is on its way too.

[car2403]

I've just rang Bow Customer Services as I haven't received any funds from them - they are now telling me that the Defendant still hasn't paid funds in to the Court, via the bailiff or otherwise.

 

When I said that I'd spoken to the Enforcement Team almost 2 weeks ago and was told that I should wait 2 weeks then chase again, she said "ah, you'll need to speak to the Enforcement Team again" - she transferred me to them, but the lady answering said I'd need to speak to the bailiffs again and that can't happen until tomorrow morning between 8-10!

 

Aaaaarrrrgggghhhhhhh! What next? Barclays Bank doesn't exist?!

 

I'm going to ring them tomorrow, record the conversation, then save that to a CD and include it in a complaint letter to the Court manager. I'm then going to copy my MP on that letter and send a further copy to Barclays litigation team and Customer Relations.

 

What do I need to do to enforce this judgement?

[slick132]

Hi Car.

 

The patience of a saint by the looks of it.

 

Let us know what they say in reply and I'll see if we can get some further help on this - it's flipping (I used v bad swear word here at first) OUTRAGEOUS.

 

Slick

[TECHSPEC]

I have been ignored by Bow for 3 months, and emails to MCOL are just passed back to Bow.

 

They have just sent a letter, saying they have so far been unable to gain entry to barclays.

 

The same day, they told MCOL my claim was settled.

 

What a complete set of useless muppits,

 

This claim is for my friend, who really needs the money. I was refused judgement by MCOL, and Barclaycard paid me weeks ago, as a gesture of goodwill.

 

The only people struggling to get their money, now that barclaycard are settling all claims, are the ones waiting for Bow bailiffs to get off their rears.

[car2403]

The plot thickens even more... if that's possible!

 

I've just rang Barclays litigation team and spoke to Tom Hickey, who deals with warrants apparently - he has said the bailiff was paid over 2 weeks ago and he has a copy of the cheque and the "trans" receipt from Bow. He's going to email me over copies of them now.

 

He did say that Bow was a nightmare to deal with as they have so many Bank Head Office's in their remit that they tend to get snowed under, (no kidding!) so this isn't the first problem he has seen like this.

 

I'll be giving the bailiff that received the payment (I have his name, but don't want to post it up here in case I'm being filled with a load of twaddle!) tomorrow. I don't suppose I have a reason to query Barclays view on this, as it's a breakdown between Bow CC and their Enforcement team, IMO...

[saintly_1]

Wouldnt like to be that Bailiff in the morning ........... go get em car ;-)

[car2403]

The receipt is issued by Bow CC on 25 October, received back at Barclays HQ on 31 October - this means that the Court has now had MY money for 4 weeks this Thursday!

 

How can they now say they haven't received it? I bet this has something to do with that rogue warrant for () £2.5k!

 

Roll on 8am tomorrow morning is all I can say... The cheeky blighters!

[TECHSPEC]

This is what MCOL have to say about my friends money.

 

Thank you for your e-mail. I contacted Bow County Court who confirmed that the payment the Bailiffs received was sent to you on 1st November 2007.

 

Something stinks about all this!!

[slick132]

Are they just crap with admin or is someone sitting on your money gaining interest.

 

Go gettem in the morning !

[car2403]

Apparently, (I'm not holding my breath!) I'm included in the payment run that takes place every 14 days (!) tomorrow - this should mean I get the cheque on Friday.

 

They did qualify that by saying "if you don't receive it, call back on Monday morning" - which isn't inspiring me with confidence.

 

I figured wait until next week to make my complaint, because I don't them delaying any further as a result of doing it now. Once I have the cheque that will be a different matter, though, don't you worry!

 

Ggggrrrrrrrrrrrrrrrrrrrr! (Easy, Tiger!)

[TECHSPEC]

I wouldn't be inspired either. At the end of my email, they added:-

 

If the payment has not arrived in Monday's post then you will have to contact the local court or the defendant to see if it has been returned.

[car2403]

I've just arrived home to a cheque from Bow CC on my doormat! The dirty, cheeky beggars - why couldn't they have just said it was already in the post today? They clearly don't have a clue down there! I'm still going to write to the Court Manager and my MP, as I imagine others (Techspec for one!) are in the same position.

 

Nonetheless, I've WON my claim and I've fought a big, fat, nasty Bank to ENFORCE my rights against them - it's been a long trawl to get here, dating back to February this year, but it's all thanks to CAG that I got through this at all. I would definately have given up if it wasn't for the guidance - not really the support, as I tended to pick up things from threads of other posters, rather than get specific help on my thread - that I've had along the way. I certainly couldn't see myself issuing a Court claim, let alone a Warrant of Execution, 8 months ago!

 

Donation on the way... (when the cheque clears, that is... knowing my luck...)

 

I have to say, doing this has totally inspired me to get hold of my finances by the scruff of the neck and sort that side of my life out. Since starting this claim, I've learnt so much that I'm now challenging EVERY Default that has been recorded against me by these unscrupulous financial institutes - in fact, (touch wood!) I think I have a very good chance of getting EACH ONE removed... Take a look at my other threads, linked in my sig, if you're interested in following my story.

 

Note to mods/site helpers - feel free to move this thread to the success forum, if you really feel it's necessary. I personally would leave it where it is as other Barclays claimants need to know what they are facing in pressing forward. Happy for you to move if, if more appropriate though... Ta.

[slick132]

Hi Car,

 

At long last, this is great news and well deserved.

 

Your thread will be changed back to **WON** but should serve as a warning to those having to deal with these Bailiffs. What a bunch of imcompetants.

 

 

Well done (eventually), Slick

[Bigmac versus]

Congratulations.

[TECHSPEC]

Glad to hear you got the cash, you certainly deserved it. My friends cheque as also arrived today, after 3 months of farce by Bow county court.

 

I had another victory against NatWest today after i threatened court action. A couple of weeks ago they removed my default, and today they refunded £11.90 that disappeared from my account when it was closed. Not a lot of money, but it was the principle.

 

I got the confidence from this site and MSE. I would never have threatened court action before, but i know that its the only language the big banks understand.

 

Good look with your other fights, and enjoy spending the cash, which i am sure comes in handy at this time of year.

[peep]

Well, that's it - I've had my day in Court with both Barclays and NatWest! Sorry in advance for the lengthy post, but this will be critical information for those that have hearings in the next few days...

 

On arriving at the Court, NatWest's solicitor asked for a "word in private" - "here we go...", I thought! He was a really nice chap (but they all are, aren't they!) who said that they had already applied for a stay last week, so the Judge would probably just approve his application "on the nod". You should have seen his face when I spoke up and said, "ah, but are you aware that I will be arguing against the application" - priceless! I showed him the application rejection letter I sent off last week and he admitted that this was the best argument against the stay application that he'd seen! (1-0 to us CAG'ers, then!)

 

Firstly - thank you for posting this, its very helpful.

Can you please tel me where i could get a copy of your stay application argument?

I am currently putting my defense and counterclaim together for natwest and would really like to object against any application made by them for a stay.

I also want to force then to remove all the default notices they have placed against us. Do you have any idea how to do this?

 

Thank you so much and congrats

 

peep xx

[car2403]

You seem to be a bit confused?

 

My original Barclays claim was one of the first to go through the stay process - the Judge refused them their stay application on the day of the hearing as they hadn't made a formal application. (They had only sent a letter saying they intended to apply, but then didn't) I believe this was that Judge's attempt to fight back, as he was clearly "P'd" off with Barclays! If that happened again, I would be shocked, as all the other claims were stayed after this.

 

The NatWest one was (and still is!) stayed, as they did make a formal application.

 

There is a thread on CAG somewhere regarding stay removal, but, TBTH, I think it's a waste of time - unless you have financial difficulties, are about to die in the next 6 weeks, or can play the "Judge lottery" and win, your claim is most likely to be stayed until the OFT test case result is known.

 

Just my opinion, but the evidence does back it up.

 

To answer your question about claiming to remove the Defaults, have a look at the thread regarding the follow up claim against Barclays, which was successful;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

[slick132]

Hi Peep,

 

Car is quite correct - unless you have exceptional circumstances (and I can only think of 1 case re benefits and hardship), you will NOT get a court to lift your Stay.

 

If your claim is for a business a/c, the situation is different but still not straightforward.