nickyc v Barclays

[nickyc]

Hi All,

 

Been reading around on the site for a while now trying to pick up all I can so that I don't ask too many silly questions! Some great advice here!

 

Sending my LBA today having received the standard 'it's going to take us 8 weeks' response.

 

One thing I'm a bit concerned about is the timescale. I'll be on holiday from 25 Aug til mid Sept (lucky lucky me! ) and am worried that this will muck up all the timescales. Can anyone advise? What would happen if a court date turned up while I'm away??

 

Thanks in advance

 

nickyc

[MoneyKing]

Well firstly it is unlikely you will have a court date by September, so no worries there.

 

Secondly you set the timescales, so increasing a certain deadline here and there by a week will not hurt you, it will just take longer. I assume you gave them 14 days to pay before court in this letter, this means that you will file claim end of the month, after which they will take the full 28 days they are legally allowed to so you looking at late august/early sep before you will recieve any communication from the court about transfer of proceeding. So i would not worry too much

[nickyc]

Thanks MoneyKing. Yes - LBA send recorded today and have given them the 14 days as per the standard letter. I sent my first letter using the moneysavingexpert template, so i had to adapt this one a little.

 

Just so that i'm clear, if the court contacts me end Aug/early Sept do i need to respond straight away? From reading other people's threads it seems as though there is lots to do around that time. Just want to make sure I'm not going to shoot myself in the foot by leaving too little time for court bundles etc

 

Thanks,

nickyc

[saintly_1]

Its gonna be August before you even apply to the courts then B's have a total of 33 days to get their defence in which takes you to september you could delay applying to the courts for a couple of weeks which means they would have until mid sept to defend which would coincide with you being home from your jollies ;-)

[nickyc]

Thanks saintly, you've put my mind at rest. Will let you know when I've got some news! Thanks again,

 

nickyc

[nickyc]

Slight problem! My receipt for recorded delivery LBA got soaked and I now have no way of tracking the date it arrived. Do I need to send again, or cross my fingers and hope?!

[tonycee]

Recorded deliveries dont get signed for anyway ( to many ) only special deliveries....If you kept your original stub go on line here and see if it was delivered. If it says the date print it off and keep...

 

http://www.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=ePOD2_track&_requestid120243

 

That should be proof enough

[welshcakes]

I can almost guaranttee that you'll never need to prove your LBA got delivered unless you're going to go for a Wasted Costs Order and the judge is going to nit pick and ask for receipts of postage...hardly worth his breathe asking for though!

[nickyc]

Thanks for replies both. Tonycee - it's the stub that's knackered, but welshcakes you're right - the judge would have to be pretty anal to ask for receipt! Back to being patient then - have made a start on mcol to pass the time

 

nickyc

[saintly_1]

Might be more advisable to use N1 direct to your local court

[dar£n]

Recorded deliveries dont get signed for anyway ( to many ) only special deliveries....If you kept your original stub go on line here and see if it was delivered. If it says the date print it off and keep...

 

http://www.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=ePOD2_track&_requestid120243

 

That should be proof enough

Recorede deliveries are SUPPOSED to be signed for, that is what you are paying for, to prove it got to its destination.

If they have received it but didnt sign for it you CAN claim for it to being lost because as far as the sorting office is concerned there is no record of it reaching its destination.

Std claim amount for recorded delivery is £34.00

 

I am claiming for my Prelim not getting signed for, as far as im concerned the postie is at fault for not getting the signature that i requested.

[nickyc]

Recorede deliveries are SUPPOSED to be signed for, that is what you are paying for, to prove it got to its destination.

If they have received it but didnt sign for it you CAN claim for it to being lost because as far as the sorting office is concerned there is no record of it reaching its destination.

Std claim amount for recorded delivery is £34.00

 

I am claiming for my Prelim not getting signed for, as far as im concerned the postie is at fault for not getting the signature that i requested.

 

Lol! I'd never want to be on the wrong side of you da£en!!

 

Interested to know though saintly... is N1 quicker than MCOL?

[nickyc]

And on a slightly more trivial note... how do I get my signature to work?! I've ticked the little box and if i preview a post it's there, but when I post it's vanished!! Am I being very blonde?!

 

nickyc

[tonycee]

Recorded deliveries ARE signed for..If you push it you will get an answer..They are not signed for individually because there are to many..

They are bagged up at the sorting office and signed for en bloc.

Each bag will have a bar coded internal deivery reference number..

Its the whole bag that gets signed for..

[nickyc]

Thanks tonycee, but I don't have a number to give them! Will just have to keep fingers crossed

 

nickyc

[nickyc]

Hi, I can't get the N1 to open up. Also is there a version of the N1 that i can type into? I seem to remember when I looked at it before that it was a pdf file or something similar.

Many thanks

 

nickyc

[dar£n]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

[dar£n]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[nickyc]

dar£n that was lightning fast thank you!

 

If I go the N1 route as saintly advised, do they send me the acknowledgement?

 

Thanks again,

 

nickyc

[nickyc]

Dar£n that's the same link I just tried (I found it in the wiki though). I can't get the link to open. And is it hard copy only or is there a template I can type into? Sorry if I'm being a stereotypical blonde! :o

 

nickyc

[dar£n]

dar£n that was lightning fast thank you!

 

If I go the N1 route as saintly advised, do they send me the acknowledgement?

 

Thanks again,

 

nickyc

 

you have to keep phoning up for updates on the progress using N1,

however, these days it is the safer route to take. more room in the N1

 

yes the link is a fill n print jobbie,

 

difficult to save on the puter but can be done..

 

make sure you print of a couple of copies, court, bank, you, and 1 for luck.

oh and one for saintly so she doesnt feel left out...lol

[dar£n]

have you got Adobe acrobat ? this is why you may not be able to open it if not:

get it free here.

Adobe

[nickyc]

Thanks Dar£n. Think my computer is having a moment. Sorted now

 

nickyc

[saintly_1]

Have you got adobe acrobat reader ? .... if not you can get a free download from here Adobe® Reader® Software - Free Download

[welshcakes]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

this is the court page's .pdf version of N1.