Help - General form of judgement or order

[peterbeale]

Hi Everyone,

 

It has been a long old process, i am at the point of helping a few friends, we have received a GENERAL FORM OF JUDGEMENT OR ORDER.

 

Stating:

 

Upon reading the documents filed upon it appearing that there are many similar cases proceeding in this court which do not come to trial,

 

it is ordered that:

 

1. The claim is allocated to the small claims track

 

2. The claimant shall by 1st August 2007 file and serve on the Defendant a schedule setting out each charge of which the Claimant claims repayment, together with an explanation of the basis on which the claimant claims repayment.

 

3. if claimant fails to comply with above, case thrown out

 

4. Case is sta\yed between 1st - 29th August 2007

 

5. if no settlement is reached by 29th August 2007, the defendant shall by 12 september file and serve a schedule in response to the claimants schedule......etc

 

6. if defendant fails to comply, case thrown out, judgement served to bank.

 

7. if defendant complies, matter reffered to district judge.

 

 

 

Please could someone help me, as i am unsure what to do now.

 

Thanks

 

Peter

[MoneyKing]

Hey

 

Which county court is this?

 

It sounds as if they are really fed up with Banks taking it to the wire and wasting court time. I would do exactly what is asks and send to barclays (by recorded delivery) an updated SOC and the usual why they are unlawful etc.

Wait till 12 th Sep if no contact made of settlement offered and ask court yo rule in your favour.

 

All looks really promising!

[peterbeale]

Hi,

 

Thanks for replying so quick, the Court is Wellingborough.

 

Will get the SOC updated, and posted out ASAP.

 

Do i need to send a copy to the court, or is it just to Barclays?

 

Thanks

[MoneyKing]

Hi,

 

Thanks for replying so quick, the Court is Wellingborough.

 

Will get the SOC updated, and posted out ASAP.

 

Do i need to send a copy to the court, or is it just to Barclays?

 

Thanks

 

I can see no harm in also sending it to court, with a covering letter stating that you have served upon barclays a detailed list of charges etc..

 

At least this way everbody has a record.

[SRV]

We are in exactly the same position and also at Wellingborough (have just posted a thread) 'How do we file and serve....'

 

I have to respond by 28th July and am doing so today.

 

Has your bank replied to you? Have you heard anything back yet?

 

I sent a schedule of all charges made against my account when I sent an initial letter to Barclays (which seems like gaaes ago now!). So I am guessing that in section 2 of your General Form of Judgement letter the 'file' part means filed with the court and the 'serve' part means send a schedule to the bank.

 

SRV

[slick132]

Hi PB,

 

Sorry but I think you need to do more than just send in the SOC to the bank and Court. I think your POC (Particulars of Claim) are also required as stated here - together with an explanation of the basis on which the claimant claims repayment.

 

Could someone else please confirm.

 

Thanks, Slick

[conchy_joe]

I wrote to Barclays on 13April'07 requesting they repay default charges to the amount of £165.00.,on 20 April I received the standard "sorry you're not happy" letter.On 23April I sent 2nd letter threatening court action,on 28April I received 2nd "sorry" letter.On 8May I sent a letter detailing two further charges amounting to £30.00 which I would be claiming for.On 17May I received two identical letters which stated that Barclays were making a payment of £165.00, which they said was the amount I seeking, as a goodwill gesture in full and final payment.On 21May I received another "sorry" letter(i'm not sure why).On 24May I wrote saying that I had accepted the payment as part payment only, and unless I heard from them within 1 week I would pursue the outstanding balance through the courts.I took out a summons which Barclays acknowledged service of on 31 May in which I claimed the full amount of£225.00 which included £30.00 court fee.I spoke to a member of Barclays litigation team who said to wait 'til a court date had been sent then ring him and he would settle for the balance.In the meantime i had to return a questionaire to the court.Today I phoned the court to get a progress report and was told the judge had requested some doc's from myself and Barclays and that it had been posted today and should be with me in a couple of days.Is anyone familiar with these goings on and if so i'd be grateful for some(any) help. ... ... .:idea: :idea: .