claim against barclays***WON POST OFT***

[welshcakes]

Once you get judgement, technically the Defendant can ask for it to be put aside but hopefully, they'll be focused on bigger fish and your Order of Judgement will stand uninterferred.

 

The judgement will give the bank x amount of days to pay up which is why you need to make sure your amount in letter & complimentary SOC is bang up to date ... you don't want to miss out on any of that accruing 8%

[syds mum]

hi have been on the phone to court and i am entering judgement today... i am i little confussed.. once judgement in i assume the judge will award win by default as the defendants have not complied... court lady told me that the judge will look at my judgement on hearing day (21st aug) my question is what do i need to take to court?? my directions only ask for SOC and just wondered if i need to do bundle for hearing?? i realise that the court are inundated with paperwork but she couldnt even tell me if they received anything from defendant!!! deadline was yesterday for them... but should i have received any documents they would have sent (if of course they sent any which i doubt)???

 

once judgement entered they get x amount days to pay up... but didnt think i would need to go to court if default is entered... hope you can make sense of this!!

 

debbie xxx

[welshcakes]

Hi syds mum

 

Firstly, if you have requested judgement for non compliance, the court has an obliation to address you request in a timely fashion and frankly, three weeks is not good enough.

 

I would wait no more than a week then ring the court and, if your judgement has not been granted, request that it be done immediately as they have a duty to process without uneccessary delay. Explain that it is a straight forward judgement which does not involve complex consideration.

 

Sometimes it is better to go down in person when you need to get something done, though of course you shouldn't have to chase the court and I think it's pretty outrageous to have been fobbed off with a 3 week wait.

[syds mum]

Thank Love I Dont Mind Arguing The Toss With Banks But Court Does Scare You A Bit And You Just Take What They Say As True!!

 

Will Chase Them Up Next Week!! I Have To Say That Since This Test Case Business They Seem A Little Confussed At Court As Well Each Time I Asked Anything They Put Me On Hold(well Put Their Hand Over Mouthpiece As I Could Hear Them Talking) Checked With Someone And Then Answered My Question...

 

I Did Think Something Didnt Sound Right You Are A Great Help... Seems To Me Them Not Sure Themselves..

 

Also Just Spoke To Dino At Lit Team And He Said They Will Be Asking For Stays... Do I Need Something To Take To Court To Request It Be Lifted??? Seen A Few Things On Here But Unsure What To Print Off...

 

Debbie Xxx

[welshcakes]

Hi syds Mum

 

Well if Barclays are intending going for the Stay (but haven't yet), I would push to get the Strike Out asap.

 

If worst case scenario, the Stay gets granted before your judgement, you can make an official complaint to the court that the Defendant was given priority and that it has detrimentally prejudiced the timely resolution of your case.

 

The court would have to justify why they didn't address your rightful Judgement request and by neglecting to do so allowed for the Defendant to apply for a Stay.

 

You will in any event be able to use this to add strength to your Objection to the Stay and you will have a pretty good case to have it lifted.

 

Wish the courts would get on with applying the law and stop altering the rules for their own convenience.

[syds mum]

Hear Hear.... Couldnt Agree More!!! If It Werent For You Lot We Wouldnt Know What We Are Doing... Thanks Again Will Keep You Updated...

 

Debbie Xx

[syds mum]

Well I Have Taken My Judgement Down To Court In Person And They Told Me That Turn Around Is About 5 Days So You Were Right Regarding Three Weeks!!! They Dont Seem To Know What Will Happen Either Just Got To Hope Judge Grants Judgement.... Does Anyone Know If After Judgement Is Granted Can Banks Still Ask For A Stay Or Is It Set Aside??? Surley They Have Abused The System Enough By Getting Said Judgement Against Them!!! Know Its All Up In Air At Mo But Still Need To Keep Information Coming In So We All Know What Happens Next!!!

[oneofakind]

They can ASK for a stay, but under the circumstances, they're very unlikely to get one.

 

[saintly_1]

Keep us posted syds mum

[syds mum]

hi all just rung court regarding judgement entered last week... was told they are NOT SURE what is happening cos of test case no surprise there then!! but what bugging me is that the date BARKS had to comply with directions was 1st AUG.. so they had no intention of complying with directions, if they had, would had to have been in post to be delivered on time!! and cant argue that the test case is reason for non compliance!!! they didnt know till test case was annouced (we all know they know way before) bit tight to say they were not taking the P**S re judges directions!!!

will know tommoz afternoon if judgement has been granted if i have to go to court do i need something to argue said point re no intention of compliance!!!

 

debbie xxx

[syds mum]

Bump

[syds mum]

bump again!!!

filed for judgement last week due to non compliance of judge directions and requested immedate payment if judge granted it.. but not been seen by judge yet... what botheres me is that court seems to have given priority to DG by allowing stay to go thru before my judgement!!! they had nothing from DG when i took judgement down last thurs so i got in first defo... dont know where i stand with regard to objecting to the court allowing this to happen!!!

debbie xxx

[tonycee]

Hi Syds mum...I actually had judgement entered against Bs X 2 on the 24 july.. I have not heard one single word from anybody...Its a bit frustrating..

[syds mum]

hi tonycee have you rung the court love?? this was pre test case... surly they cant ignore judgements againts them??? when is your hearing? and which court??

i am at derby and they told me on phone wont get to judge till hearing(21st aug) i objected on phone took judgement down in person and was told turn around 5 days.. so ringing tommoz to see what judge said!! yours should have been seen by now!!!!

 

debbie xx

[tonycee]

Long story.

Defence struck out as abuse.

Judgement entered.

Not doing anything till 21 Aug when i can send the bailiffs in.

If i remind them, they can still apply for a stay.

Its the waiting, and still no word from Bs that bothers me the most.

 

Just found this thread. Hope it cheers people up.

 

http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html

[syds mum]

have you actually had conformation that your judgement has been granted???

i assumed that court writes to you and tells your outcome and then what to do to exacute judgement!!!

 

debbie xx

[tonycee]

have you actually had conformation that your judgement has been granted??

 

Yes. Abuse struck out 19th July.

Judgement entered 24th July.

Bs have been ORDERED by court to pay me £3,638.70p.

Still no word from Bs.

If i leave it beyond the 28 day (21 Aug) in which they can apply to have the CCJ set aside, then i think they will need a VERY GOOD REASON to get out of this one....

[syds mum]

sorry been cleaning yard outside!!! oh what fun if you could send bailiffs in.... im very simalar to you then aside from mine wasnt struck out i asked for judgement... felt pressured due to test case and didnt want to wait for strike out to happen in its own time cos as predicted they are trying to get stay now... hope all does well love... will post tommoz when rung court to see judges verdict is..

debbie xxx

[syds mum]

ok then barks have sent me a letter on friday 10th aug saying " we believe charges are legal, fair and transparent since your claim in court barks has now become involved in legal proceedings with OFT...bla bla.. so on... think everyone has had this... BUT i have asked for strike out on both mine and hubby's claim as they did not comply with judge directions... been on phone to court since last wednesday trying to find out if judge granted strick out and judgement yet!!! they still havn't got to it yet... judge had it last thursday 10th aug... but dont know result yet!!! fed up cos cant seem to get answer from court been nearly 2 weeks now.. got hearing next tuesday (21st Aug) dont know weather will have to go or not... lady at court did say my case is different to all others as strick out was asked for first and of course barks have not complied with directions... so have defaulted!!! but she cant say what judge has decided to do .. in limbo again!!!" do i need to have ready removal of stay for hearing??? just in case they have got it in... i personally think its not possible as i was there first but i dont know the law!!!

 

debbie xxx

[syds mum]

I am fuming....

 

have had court on phone with result of judgements... the judge has refused to strick out/judgement as the defendant has claimed their is no evidence that i sent them the SOC AS DIRECTED BY JUDGE... i sent them all RECORED DELIVERY AND THEY HAVE BEEN SIGNED FOR....whats gong on???? is this more delaying tactics... will have to go to hearing now on 21st and argue this on the day!!!! need some advice!!! hubby cant get time of work so will have to go for him but court told me the judge may not let me speak on his behalf!!!!

 

HELP

HELP

HELP!!!

[syds mum]

Bump

[syds mum]

had time to think about this.. lady at court said... "strick out rejected as claimant has not provided evidence regarding SOC!!!!" now need to clear this up i have had 3 claims (2 barclays and 1 HSBC) all being dealt with at same time so everything i have done as been on same day.. ie posting stuff... typing out and deliverys..etc... the lady at court said that 2 of my cases (1 HSBC and 1 Barclays) have not received said evidence!!! (was directed to send SOC so think thats what she means) and the other barclays claim.. claimant has sent SOC to court but defendant has not received it... NOW everthing has been sent recored delivery and has been delivered (checked on royal mail site)... i have a problem cos everything i sent to court went in same envolope!!! so if they have got 1 they must have the other 2... i think they have opened envolope and seen claim number and just put it all in relevant file hence why the other 2 claims havent got SOC inclued!!! what do i do??? cos if it is administive error the judge has ruled agaist strick out, the person who filed everything (and im right regarding all SOC in one file) is in for a roasting... i dont trust that they will put their hands up!!!

 

WHAT DO I DO....

[welshcakes]

Hi syds mum

 

All you can do is print off the Royal Mail Website confirmation page plus the electronic Signature - this is your documentary evidence. Any chance you put in a covering letter with the 2 sets of SOCs that actually states something like "please find attached Schedules for Claim Nos xxxxx and xxxxx"? That would be perfect to include and if Barclays are only claiming to have received the one set, then why didn't they query the fact that the letter clearly represented the sending of both sets.

 

If you didn't enclose such a cover letter, I wouldn't muddy the issue and just maintain that this is the recorded mail reference, this is the independent proof that it was received on xx/xx/xx and you therefore require the Judgement by Default to be reinstated.

 

Hand deliver or Fax to the court today if possible.

[syds mum]

hi weshcakes just to be clear 1 HSBC and 1 barks claim the judge has denied strick cos the court has not recieved SOC and the other barks claim the court has got SOC but defendant says they havent!!!

 

have been on phone to court and looking for file cos sent all SOC in same envolope so if they have one then must have other 2... if she finds it will mark urgent and ask judge to reconsider!!!

 

regarding letters to barks all sent same day with covering letter for each claim and recoreded delivery!!! so not sure what they are on about have checked on royal mail and was signed for!!! its a race agaist time cos both banks are after stay and they put that in on friday 10th aug!!! i asked for strick out on 1st aug so got in first need to get this sorted asap.. can prove everything and so peeved... what a palaver...

 

debbie xx

[tonycee]

just to be clear 1 HSBC and 1 barks claim the judge has denied strick cos the court has not recieved SOC and the other barks claim the court has got SOC but defendant says they havent!!!

have been on phone to court and looking for file cos sent all SOC in same envolope so if they have one then must have other 2... if she finds it will mark urgent and ask judge to reconsider!!

 

Then supply them with another copy. A pain i know but vital.

If you rely on others, and they dont come through, then your claim will be struck out, or stayed at best.

 

I can give you, but wont, a dozen examples of my courts mistakes.

And i WON.