Boss V Barclays

[Lindy Lou]

Hello, I came on here a while back as I succesfully claimed money back from NatWest. I am now trying to claim for my boss and have suddenly lost the plot and can't remember what I am doing. I have just received the court date and am not being asked to submit anything to the court. I am wondering what I need to do. Last time, when NatWest filed a defence, I had to submit an AQ to the court, and shortly after that got my money back. This time I filed my claim, had an acknowledgement and now a court date but haven't been asked to do anything.

 

Have I made a cock up?

 

Sorry to post annoyingly obvious questions but it's sometimes hard to find the right answers on this site!!

 

Thank you .

[MoneyKing]

No it all seems fine. AQ has started to dissapear. If you have a court date then a month before, contact the litigation team and give them the chance to settle your claim in full. They will, though depending on how busy they are, it may still go right down to the wire!

[Lindy Lou]

Thanks for the help!

[Lindy Lou]

Sorry to pester again, have been reading the site and was about to prepare a court bundle for my boss - her hearing date is 28th September. Then I remebered that I was meant to write to the litigation team at Barclays first. Is there a template for this? I can't see one so was composing my own letter. Does it just go to the name stated as the Defendant on the Notice of Hearing?

 

Thank you very much!!

[Lindy Lou]

Right - I have found the thread I wanted! Ignore me... will keep you updated.

[Lindy Lou]

Ok, clearly talking to myself but urgently need help now. My court date is set for 28th September, this was set before the test case so should still go ahead. Other than receiving a defence from Barclays I have had no information from them, or from the court. Do I prepare the court bundle regardless? I have read other posts on here saying that I shouldn't send anything until asked to do so by the court. I am tying myself up in knots reading all of this, and now officially don't know what to do!

 

I have emailed the litigation team and am waiting from a response, I suspect now that they won't help but it's worth a try.

 

So basically, no contact from anyone, the notice of hearing from the court did not request any information at all and I am stuck. HELP!!!!!!!:-|

[welshcakes]

Hi LL

 

Unless the court has written to you vacating the 28th September (ie cancelling your hearing), then you proceed as normal and go to court.

 

How long is the hearing for (5,10 mins or 1 hour+) and did it state on the Notice of hearing what sort of hearing it is eg Directions, Preliminary?

 

Litigation aren't responding unless they need to and quite honestly I wouldn't have emailed them anyway - you may have tipped them off about the court hearing which they may not have attended otherwise (when the bank doesn't turn up or make a written representation, it give you, the Claimant a perfect opportunity to get their Defence Struck Out).

 

Have another read of the Directions (or post the exact wording on here if you like); otherwise, ring the court and ask what sort of hearing it is on the 28th.

[Lindy Lou]

Damn it! I am so foolish. Oh well, not a major mistake I guess but a very annoying one. It's impossible for me to get out of the office at the moment to phone so I thought I would do it this way instead.

 

The document says:

 

Notice of Hearing

 

 

TAKE NOTICE that the Hearing will take place on 28th September 2007 at 12.00pm at (location) etc.

 

10 MINUTES has been allowed for the hearing.

 

Then it goes on to say that there may be delays to the sheduled time etc. That's all I have....

[Lindy Lou]

Phoned the court and it's a Directions Hearing and apparently I don't need to send anything at all or do anything. In her words they are pretty much agreeing to all applications for a stay now anyway so she said to just wait. I am going to prepare the court bundle regardless, the court is 2 minutes from where I work so I can drop it in a couple of days before the deadline if I haven't heard from them already.

[welshcakes]

Hi Lindy

 

I wouldn't bother preparing a court bundle as it's a pretty big batch of paperwork and if you serve one on the court, you would be obliged to furnish Barclays with a copy too (and keep a third print of it for yourself).

 

What I would do is sit tight and unless you are issued a written Notice of Stay from the court, attend the court Directions and take along 3 copies of each of following : Draft Directions, a prepared N225 (just incase judge is a nice one) and the Objection to Stay (just incase the judge wants to discuss suitability of Staying at the actual Directions).

 

Don't enter into anymore discussions with Barclays and hopefully they won't turn up and you can try a long shot at having the Defence Struck Out for abuse of process (ie they had no intention of turning up for court to defend so just award me a Win).

[Lindy Lou]

Thank you, that's great. Can I assume that the courts request the information in the bundle if they want it then? It is a hell of a lot of paperwork.

 

Where will I find Draft Directions and the N225 form?

 

Thank you so much for your help.

[Lindy Lou]

OK found it.... I MUST READ BEFORE I POST!