barclays acknowledge

[princess roxy]

Hi I recently filed court action against barclays,which they have now acknowledged. i sent with my letters to them a list of all the charges i wish to reclaim, should i have also sent a list of charges to the court when i started proceedings????? barclays have until midnight 15th june to file a defence,do you think that they will do this??? please keep an eye on this thread as i know i will need your help if they do,starting to get a little nervy now .thanks Roxy

[saintly_1]

Yes they will file a defence proberbly at the very last moment if not later

Did you file online or at your court ?

[princess roxy]

i filed online with MCOL

[tonycee]

barclays have until midnight 15th june to file a defence,do you think that they will do this???

 

Is this date correct. ????

[saintly_1]

Well spotted tony .... i missed that

[princess roxy]

sorry guys 15th july, like i say getting a bit nervy

[saintly_1]

once they defend you will get a notice of transfer to your local court ..... then its wait to hear from your local court

[tonycee]

No need to be nervy Roxy. You can do a lot worse than follow saint.

[Trucker]

Roxy

 

Just a word of warning. Don't be tempted to go for judgement if defence is not filed by 15th. MCOL does not update immediately. Best to leave it a few days, and ask on here before you do.

[princess roxy]

Thanks guys . been reading other threads,seems to be a lot of talk about a court bundle?? what is it and will i have to get one.

[princess roxy]

Hi could anyone give me some info to previous post

[Trucker]

Hi Roxy...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

hope these help

[princess roxy]

Thanks Trucker looks like hard work ,but i am ready for it . Do you think Barclays will take it that far, ???? please keep an eye on this thread ,have a feeling i may need your help Thanks again Rox

[Trucker]

Roxy

 

Doubt very much if you will have to go to court as B's are settling straight forward cases about 2 weeks before court. Having said that you must be prepared and submitted anything the court asks for. It would be folly to have gone this far then take your finger off the pulse. When you get a court date start negotiating with the litigation team.

 

Trucker

[princess roxy]

Thanks again Trucker ,expecting defence file anytime,will keep you informed Rox

[princess roxy]

Iwas told by a guy from MCOL that the last date for Barclays to put in a defence , was this weekend but i could file for judgement after midnight tonight , could they still file a defence AFTER i have filed for judgement, ??? andhas anyone ever heard of Barclays NOTfiling a defence ???

[Trucker]

Roxy

 

MCOL is notoriously slow at updating.They seem to allow Barclays a couple of extra days to file and they no doubt will. Leave it till about Wednesday then contact MCOL before filing for judgement. If you go for it now Barclays will get a stay which could set you back months.

 

Trucker

[princess roxy]

Thanks Trucker i will do that,but no doubt a defence will go in beforethat time,once again thanks ,keep watching Roxy

[princess roxy]

hi Barclays filed a defence at the last minute ,was expected . so can someone tell me what happens now ,and do i need to do anything ,like contact court ,get papers ready etc or do i just wait for them to get intouch with me ??? thank you Rox

[Trucker]

You don't need to do anything at mo roxy. You should recieve a copy of Barclays defence together with a notice of transfer.

 

When you get the defence please post up the first 3 points as i guess that they will ask for SOC

[princess roxy]

OK Trucker ,will do . how long before i receive barclays defence or notice of transfer,is it a few weeks wait? and when would a court date be ,are we looking at weeks or months. sorry to go on a bit trying to get some kind of timescale for the rest of the case. will keep you informed of any info from barclays or court. thanks Trucker keep watching . Rox ps what is SOC ? I may need a copy of T&Cs how can i get these

[Trucker]

Roxy

 

You should get B's defence any day now. Transfer usually takes a few weeks and the court date really depends on your local court, their workload etc. SOC = Schedule of Charges. Have a look at this thread for T&C's

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956704

[princess roxy]

hi have received defence from Barclays, first three points read ; 1)the particulars of claim do not provide details or particulars of the precise charges alleged to have been unlawful,or the dates there of . to the extent it is alleged that the claimant incured bank charges on the claimants account for unauthorised borrowing,(whether unpaid fees for returned cheques, paid referral fees or any other such fees), the defendant puts the claimant to strict proof of each charge and the date there of. 2) the particulars 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 borrowing by reason of its standard terms and conditions. the claimant accepted the same when the account wasopened,including the following terms and conds a) the right to charge a paid referral fee where the defendantpays an amount which causes the account to become overdrawn £30 per item. b)the def right to charge an admin fee if any cheque,standing order or dd cannot be paid because of insufficient funds in the account, £30 per item c) the defendant s entitlement if the claimant becomes overdrawn without an overdraft limit,to charge interest at the authorised borrowing rate on the excess balance. what do i have to do now??? the case has been transfered to my home town , do i call them to see if a date has been set????? it says on the court paper that the filing of a aq be dispensed with in this case unless the judge orders otherwise AND any party affected by this order may under rule 3.3(5) apply to have it set aside ,varied or stayed. such party must apply under rule 23.3 within 14 days of service of order. ....... looking rather complicated havnt a clue what it all means ,very official can anyone help thanks Roxy

[saintly_1]

They are saying that you havent provided them with a schedule of charges (yes we know they have been sent many times already ) so you need to send a copy of your SOC's to Barclays Litigation and to the court with covering letters asking for them to be included in your file

[princess roxy]

thanks saintly 1, will do that,getting a bit nervy about it all now,as im not sure what i have to do,and when, judge is not asking for an AQ, when do i start getting together a court bundle.