What to do??

[Stan**]

Hi all, Im after a bit of advice.

 

I have within the last month claimed £800 from Barclays. to cut a long story short (im sure we all know the story ), after going through small claism I have recieved an offer of £540. I wrote back to barclays declinging their offer. I have now recieved a letter from the courts saying they have filed a defence

 

Is this a standard stalling practice on their part?? Ive been told elsewhere that they are just stalling, and many banks have been known to do this then settle just before the hearing date. is this the case?

 

Has anyone been in a similar situation? any other info will be greatfully recieved.

 

Kind regards

 

Craig

[dar£n]

Hi all, Im after a bit of advice.

 

I have within the last month claimed £800 from Barclays. to cut a long story short (im sure we all know the story ), after going through small claism I have recieved an offer of £540. I wrote back to barclays declinging their offer. I have now recieved a letter from the courts saying they have filed a defence

 

Is this a standard stalling practice on their part?? Ive been told elsewhere that they are just stalling, and many banks have been known to do this then settle just before the hearing date. is this the case?

 

Has anyone been in a similar situation? any other info will be greatfully recieved.

 

Kind regards

 

Craig

This IS std procedure, you will get notification of their defence [which you will need to post the first three points on here so we can check youre not missing anything,

then you MAY get the Allocation Questionairre but this is largely being dismissed these days. next comes the directions from the judge and finally the court date,,,,,only when you are within two weeks of the court date will they start talking about settlement.

see my thread for the litigation dept.

 

incidently since filing at court have you sent in your SOC's?

[Stan**]

SOC's? what are these

 

last letter I had was 5 days ago, notifying me that the claim had been transfered to MY local court. It also said something about an allocation questionaire to be returned...BUT this paragraph had been crossed out by pen, so im assuming it isnt applicable anymore.

 

so what happens next??

[welshcakes]

Hi Stan

 

SOC = Schedule of Charges - Your list aka breakdown of charges that you are claiming back. You should have sent a copy to the copy and another to the Defendants (Barclays) upon filing your claim.

 

If you haven't done so, send them now, one to your local court and another to the Litigation Team at Barclays' Head Office. Send them both registered and with covering letters quoting your claim number.

[Stan**]

I sent a copy to Barclays innitially when first making the claim, but NOT to the courts. shall send them to the courts tomorrow.

 

will it be too late??

[welshcakes]

You need to send another copy to Barclays now that you have filed as well as a copy to your local court. NB - If you are using the self updating spreadsheet from this site, you need to amend the date so that it is the same as the day you filed, otherwise the claim figure will differ to that in your Paaticulars of Claim

[Stan**]

ok thanks

 

so at what point do i need to speak to a member of the litigation team which I hear so much about?!!

[dar£n]

2 weeks before your final hearing

[welshcakes]

At the earliest, the trigger point will be either

 

1) a few weeks before a court hearing date or;

 

2) upon them being directed by the court to 'disclose' how their charges are claculated, an Order with which they obviously won't be complying or;

 

3) where they have failed to submit papers to court by a deadline and you are eligible to request Judgement by Default.

 

where 1) and it is a Preliminaryr/Directions hearing, some can successfully get negotiations underway with BLT however these are the exceptions to the rule and normally it will only be once a full trial hearing date has been received and B's know they've pushed it as far as possible.

 

In any event, it's all about delaying their settlement outlay til the last possible date without risking a County Court Judgement.

[Stan**]

Great stuff....

 

Much appreciated!

[Stan**]

oh...one last thing...do I need to say anything in particular refering to my case in the covering letter when I send these in tommorow??

[saintly_1]

just

 

Stan** v Barclays Bank plc

claim number 1234567

Then ask for the enclosed to be added to your claim file