Candels v Barclays

[candels]

hi there

 

ive just got a letter from the court advising me that my case has been struck out. this is what it says

upon the courts own motion. The court has made this order of its own initiative without a hearing, if you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving this letter has dare 08th sept 07

second page says

 

district judge Duerden sitting at tenters street bury lancs considerd the papers in the case and orderd that

1) the claim be struck out as disclosing no resonable grounds for bringing the claim

2) beacuse this order has been made by the court without considering representaions from the parties, the parties have the right to apply to have the order set aside , varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within seven days of service of this court

what does this mean????

i did send the AQ in time but it was tight. the form they sent me was the N150 form i filled in even though im claiming £2238.14

 

i followed the instructions to fill it in on this site.

 

i thought i went through the correct channels

 

what do i do now pleaes help me today

[dar£n]

Hello again,

 

did you file through MCOL?

 

what were your POC's?

[candels]

ok first i went through mcol and barclays filed a defence, this got lost my mcol and when they found it, it got sent to my local court, sorry what does POCs mean? i bet your sick of hearing that.

[dar£n]

No worries.

POC's = Particulars Of Claim.

 

Prob is that as you went through MCOL, the POC's are very limited.

[candels]

eekkk i think this is where i messed up big time, i filled this in before i read there was templates for this and just used my own limited words completely. im so embarassed.i wrote to barclays on the 28.02.07 making a mountorgginal request for payment in settlement of my claim of £1905 and £333.14 in interest. I recived a letter on the 31.03.07 with an offer of £1430 as a good will gesture. So wrote back on the 01.04.07 informing them that i will except this as a part offer untill i receive the full and intend to take the to court within 14 days i i dint here anything back. I am claiming 6 years of bank charges starting from the 19.09.01till today.ive messed up havnt i can i do anything to resolve this. i know what ive done now oh my god how stupid am i. will i have to start all over again from scratch?

[candels]

any one out there i really need to know if i can do anything about my mess up, as i could send my stuff back to court tomorrow, i really need to know if im totally messed up

[slick132]

Candels,

 

I know there's a thread that'll help - not sure but think you can file a new POC for a small fee.

 

I'll be back, Slick

[slick132]

Here, try this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

 

Slick

[candels]

thanks i think ive found one, i have too fill in a n1 form and ive found a barclays poc so that as well with a spread sheet,

 

do i just send 1 of each to the court, and keep 1 for my salf and 1 for the bank?

[candels]

thanks thats the one i read, its the n244 form i need to fill in. can u see if you can answer my last question about how many forms i send the court?thanks

[tonycee]

thanks i think ive found one, i have too fill in a n1 form and ive found a barclays poc so that as well with a spread sheet,

 

do i just send 1 of each to the court, and keep 1 for my salf and 1 for the bank?

 

You can download the N1/N244 form online.

Shout if you need the link.

 

Yes, one copy each.

[slick132]

Candels,

 

Looks like you need to follow the process in the "Amending a Claim" section and do a form N244 which you can get from the link.

 

You then need to use the latest Barclays POC's - http://www.consumeractiongroup.co.uk/forum/barclays-bank/107635-new-poc-barclays.html

 

If you haven't put all your bank charges onto the CAG spreadsheet, use this and make sure you fill in full details for each charge - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

This updates the interest figure each time you access it.

 

Slick

[slick132]

Candels,

 

I'd go to the Court and explain at the Counter that you started your claim without adequate help. Now you've got it, will they accept Form N244 with your payment and the new documents.

 

Take 3 sets of new docs to Court - they'll tell you if they will send copies to Bank. If not, you should send B's copies of all new doc's.

[candels]

bit of a problem that, i stay in edinburgh at the moment, so all documents go to my mums in bury and i send things by post, will this be a problem, i was just goin to send them a letter explaning that.

[slick132]

OK ltr to Bury Court addressed to the Court Manager explaining the situation and ask for N244 and other docs to be accepted so case may continue.

 

If the deadline is tight, call Court and see if you can speak to Ct Mgr and ask him to look out for your doc's arriving.

 

Slick

[candels]

thankyou so much

[candels]

oh i sent all the documents yesterday. its going to be very tight but i expalned in the letter that i only got yhe letter from them on the 11th september so heres hoping they will except the form. i cant belive what an idiot ive been. ill keep you posted at least people can learn from my mistake

[slick132]

Candels,

 

Well done with getting it sorted and submitted.

 

The joke is, when Barclays have cock-ups or miss deadlines, the Courts often just roll over and let them get on with it. Late Defence, Stay Application with no fee, etc.

 

Good luck and I hope your Case can continue.

 

Slick

[candels]

hi again, well i got a letter from court which is a notice of hearing of application for thw 14 nov 07 with my N244 and my particulars of claim back.

 

what does this mean,? it has no other information on the letter all it says is

the hearing of this claimants application for see attached (see copy attached) will take place at 1200 on the 14th november 2007 at bury court .

then goes on about trying to see me on time ect.

 

can any one shine some light on this for me as i hav no idea what to expect.

[slick132]

Candels,

 

Have the POC been stamped with Court Seal. If not I suspect this is a hearing for judge to consider whether to allow your Case to continue.

 

I think a phone call to court is needed to confirm what this is for. I'm not sure though and perhaps others may confirm.

 

Can you get to court ok on that day.

 

Slick

[candels]

thanks for the reply, no the poc hasnt been stamped. So i thought may be its to consider whether to allow the case to continue. i can get to court that day, its just more cost and time of work. but its my own fault for not doing things properly, i could kick my self.

 

ill call them tomorrow when i have a spare 5 mins, and let you no.

if it is to see if the case will continue. what should i expect, have you any idea?

[slick132]

Candels,

 

In your post #19 it says,

 

Quote " .......the hearing of this claimants application for see attached (see copy attached) will take place ......."

What was referred to or attached - does it mean your POC?

 

If you can get to the hearing, great. If not, start a new claim doing it properly from scratch. You've not paid your AQ fee yet, have you?

 

Speak to court anyway and come back.

 

Slick

[candels]

hi there, ok this is just to see if they will allow the case to continue. on the letter they sent me it just had my POCS attached

What should i expect when i get there? and do i need to take anything with me. i want to be very prepared so they will let the case contine. i live in edinburhg and its gonna be a pain getting three just for this. but its my own fault.

 

any advise would be greatful.

[slick132]

Hi Candels,

 

I know it was all a bit frantic last month getting the new POC in because of the delay in you receiving courts decision to throw out your case.

 

However, this is a common occurrence when cases are started on MCOL (due to insufficient space) and getting your claim back on track SHOULD be straightforward.

 

You've now done everything right so only prob could be if they rec'd your N244 + fee a day or two late. You have a reason for this (delay in courts ltr getting to you) and I think your case should be reinstated.

 

Slick

[candels]

thankyou do you have any advise on what to take with me and what to expect?