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[DawnyDawn]

Hi Dawny Dawn here

 

Put my claim on MCOL on against Barclays on June 26, to-day was their last day to ACK or DEF incorporatingr the 5 day service period and 14 days period to reply which they have not done!!! Surprisingly, has anyone else experienced this?

This seems odd, I am putting in for Judgement by default to-morrow.

Any advice?

[saintly_1]

mcol can be slow in updating ..... it happens a lot barclays can sometimes put in their acknowledgement a day or two late and mcol will accept it ...... Iwouldnt be too hasty in applying for judgement i would hold of a couple of days

[oneofakind]

Dawn, EVERYONE who uses MCOL has this delay. They simply can't keep up with demand at the moment.

Don't be surprised if a defence appears in the next day or two - that's what usually happens!

 

[DawnyDawn]

Hi, just did Judge by Default this morning, have just checked this afternoon and they have managed to slip in an ACK!! Typical, will have to go through the full process now. Wondered if it was worth giving the Lit team a bell and asking if they want to negotiate a settlement now?

[saintly_1]

Nope .......... is the short answer

They wont be interested until you at least have a court date they like to take everything to the last minute anyone would think we wanted money from them ;-)

[DawnyDawn]

Hi, thanks for that, forgot they still don't play fair.

 

Just had another letter through from County Court to-day ordering me to:

 

"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 that each charge is unlawful or any other basis on which the claimant claims repayment"

 

Does this mean I have to send again the list of charges along with the dates that they charged me?

Very confused, wish they would speak english!!

 

DawnyDawn:confused:

[slick132]

Hi DawnyDawn,

 

Does this mean I have to send again the list of charges - No it doesn't. More is required.

 

Some info please, before we can answer properly:-

 

1. What court is this and what date was order made.

 

2. In addition to the above para., please post here the exact text of the order.

 

3. Did you use this site's spreadsheet - if not, put all your charges on one now and print off 3 copies. Here's a link - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html. Save the spreddy, then each time you print it, it auto updates your s.69 interest for you.

 

Slick

[saintly_1]

Hi i would think that the court wants you to send your SOC's and a skeleton argument .... as you went through mcol the poc that you filed is quite limited so they want you to go into a bit more detail

[slick132]

Saintly,

 

Would it be worth speaking to court to seek clarification of exactly what the judge wants - not unreasonable as DD is a Litigant in Person.

 

Dawny, Have a read here anyway - http://www.consumeractiongroup.co.uk/forum/barclays-bank/112649-court-stay-lifted-new.html. It's about skeleton argument.

 

Slick

[DawnyDawn]

Hi Slickwilly132

 

Tried to speak to the court involved and they cannot offer any advice as not legally trained, the jist of the letter is trying to get myself and Barclays to mediate and resolve it ourselves, however spoke to Barclays Lit dept and their line is they cannot do anything until the test case in Jan 08!

 

They have said they want all charges listed with like you say, a skeleton argument about the charges, they don't elude to if this is a paragraph on each charge that would be just silly wouldn't it!!??

 

Has anyone else experience a similar letter? Thanks for your comments Saintly1, will use the link to the calculator.

 

DawnyDawn;-)

[slick132]

Hi DD,

 

Please follow Saintly's advice and get Skeleton Argument ready, print 3 copies.

 

Print 3 copies of your Schedule of Charges.

 

Make sure they have your Claim No. on them and send to court and to Barclays by Rec' Del'y.

 

Make sure you stick to any deadline imposed by court.

 

Slick

[DawnyDawn]

VMT Slick, will do that. Thanx 4 advice.

[slick132]

DawnyDawn,

 

YVW!

 

Slick

[DawnyDawn]

Hi Slick

 

Bit confused about this statement.

 

"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 that each charge is unlawful or any other basis on which the claimant claims repayment"

 

I have been told to pay an allocation fee(£100) and if I don't comply with the above paragraph the claim will be struck out without further order.

 

The claim is stayed between 29/10/07 & 26/11/07 to give parties opportunity to reach settlement. (Can't due to test case)

If no settlement reached by 26/11/07 the defendant must file and serve a schedule in responce to the claimants schedule stating in respect of each item claimed.

Have looked at skeleton arguments but most seem to be for a court date.

 

I have not been given a date yet, completed mcol and b'clays put defence in at last minute then FSA said that they were intervening for the test case.

 

Have completed the xls spreadsheet as advised.

 

Don't really know what I should say in my argument, any help would be appreciated.

[DawnyDawn]

Hi Slick

 

RE;your reply Oct 4th about exact text of the order made by Northampton County Court.

 

IT IS ORDERED THAT:

1.The claim is not allocated to a track but will be allocated when directions are given pursuant to para 8.

2. Allocation questionanaires are dispensed with but the claimant must pay the allocation fee £100 if the claim is more tha £1500 with 14 days of service of this order on the claimant.

3.The calimant shall by 29 Oct 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 that each charge is unlawful or any other basis on which the claimant claims repayment"

4. If the claimant fails to comply with para 3 of this order the claim shall be struck out without further order.

5. The calim shall be stayed between 29 Oct 07 & 26 Nov 07 to give the parties an opportuniyt to reach a settlement.

6. If no settlement is reached by 26 Nov 07 the defendant shall by 10 Dec 07 file and serve a schedule in responce to the claimants schedule stating in respect of each items claimed:

a. pursuant to which if any contractual provision such charge was made;

b. if such charge is alleged to be lawful the basis on which it is alleged;

c. if it is alleged that the charge is a genuine pre-estimate of the defendants loss incurred as a result of the calimants actions(whether or not such actions are in breach of contract) all facts and matters on which the defendant relies as showing that the charges are a genuine pre-estimate of loss including the defendants positive case as to the actual cost of dealing with such actions; and

d.draft directions for the further conduct of the case to be agreed with the claimant if possible.

7. If the defendany fails to comply with para 6 of this order the defence shall be struck out and the claimant shall be entitled to judgement without further order.

8. If the defendant complies with para 6 above the matter will be referred to s district judge for directions.

9. This order has been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside varied or stayed. Such an appilcation must be made not more than 7 days after the date on which the order was served on the party making the application.

Only just saw that you wanted what the letter had to say, apologies.hope this claifies.Dawny Dawn.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107604-new-poc-n1-barclays.html i would use the new POC's as the basis on which they are claimed

[slick132]

Hi DD,

 

This is the 2nd set of Directions we've seen like this from No'ton CC and may be good news for you if you manage to avoid Stay. It seems judge is forcing bank into a corner.

 

D/w the skeleton argument as Saintly says and send in to court and bank as per my post #11.

 

Slick