General Form of Judgement or Order Received

[Amandao]

AMOUNT CLAIMED - £1306.63

This is my first posting and hope somebody can give advice. I began action via MCOL on 5th March 2007. On 23rd May 2007, I received a General Form of Judgment or Order, which states the following:

 

Before District Judge Clegg sitting at Stockport County Court IT IS ORDERED THAT

 

1. The action be stayed until 19th June 2007 for settlement by mediation/negotiation or for narrowing of the issues

 

2. Within 7 days of the end of the period of stay the parties shall jointly notify the Court in writing of the outcome of negotiations and what, if any, directions are required. Failure to comply with this direction or properly engage in negotiations may result in the application of sanctions. On receipt of such notification the Court file shall be referred to the District Judge for further directions.

 

What kind of further negotiation is the court expecting me to undertake with Barclays?

Should I wait for Barclays to contact me?

Is there a template to assist in further negotiation?

 

Thankyou, Amanda

[Russjo]

Hi Amanda,

Welcome to CAG. Not sure about this as I haven't got this far yet but I thought I'd reply to keep you at the top of the list. I think you can apply to have the stay lifted or contact Barclays to start negotiations but somebody will be along shortly that can help properly

Jo

[dar£n]

Hi the just is 'suggesting' you contact the litigation team and ask them if they would negotiate settlement before the end of the stay period.

 

Cos he knows they will!

[Russjo]

See, told you someone would come along

[Amandao]

Thanks Russjo, the 'suggestion' will be taken up by Barclays. However, I did tick the box for no further mediation with mcol and gave my reasons.

 

The judgment also askes for negotiation or narrowing of the issues. I don't want to get this far and upset the judge.

 

What is the judge actually looking for here ?

Do I send another letter to the judge?

 

thanks Amanda

[dar£n]

Again post #3

[Amandao]

Hi Dar£n,

I am sure if 'IT IS ORDERED THAT' is only a suggestion from thw judge as it sounds like an instruction to me. Have you come across this before?

amanda

[Amandao]

Hi Dar£n,

I am not sure if: 'IT IS ORDERED THAT' is only a suggestion from the judge as it sounds like an instruction to me. Have you come across this before?

amanda

[dar£n]

It is ordered to try and get both parties to comply.

The judge knows too well that once 'ORDERED' to enter into negotiations to settle the Litigation team WILL.

 

See my thread:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

This will explain what to do and the contacts you need.

 

Simply tell them that you have been ordered to try and settle this issue.

Make sure you get the same of the person you are speaking to, the date and time of the conversation, and write down their response.

 

Although i KNOW they WILL agree to settle, if they say anything different you put this in your report to send to the judge.

 

but really do not worry, phone them monday morning, you will feel a lot happier I promise.

[Amandao]

Thankyou Dar£n,

I feel much happier now and have taken onboard your sound advice. I've read all the entries in your thread and particularly enjoyed the humourous suggestion to compliment the litigation department via the link. If all turns out well I will certainly do this.

 

I welcomed suggestion of how to begin a telephone conversation and will contact them tomorrow.

Amanda

[dar£n]

Bear in mind, that they are unbelievably busy in there at the moment and what with being Mondy will be even more so first thing.

 

It is not uncommon to have difficulty getting someone to answer the phone.

 

If this does happen send an email to all contacts, at least one will answer.

 

when you DO get talking / communicating, stress that you need a suitable answer before the close of business today otherwise you will have to inform the court that you were unable to reach an amicable solution to prevent the claim going in front of the judge.

 

Also, DO NOT agree to anything you are not 100% happy with OK.

 

Post back here as soon as poss, cos we have to inform the judge of the outcome before the close of Tuesday

[Amandao]

I WON

 

I just wanted to thank everyone for their responses to my email yesterday, I contacted Kate Ashton at Barclays today and she has confirmed repayment of my charges totalling £1,344.84. I have signed the letter she sent across and she has confirmed a cheque will be forwarded to me, I have also advised the Courts accordingly.

 

[pjdavies2000]

and particularly enjoyed the humourous suggestion to compliment the litigation department via the link.

Amanda

 

Who said it was humourous! lol

And CONGRATS on winning!

 

Now don't forget to send them a compliment - I think Barclays Lit team will win 'Dept of the year 2007' hands down!

lol

 

Peter

[dar£n]

CONGRATULATIONS

AMANDA