Doesn't time fly, it doesn't feel that it has been three months since I last posted! Though I have been on the site at least twice a month since my case was stayed. Roll on the test case. I'm after advice, which I know I can always rely on from this brilliant site and CAG users. I'm thinking of claiming for my other half's Barclays account and already have his statements. It doesn't come to much, but I feel it's definitely worth the effort. I'm assuming I can just use the templates on here and the relevant POC as before (I'm aware that they have been updated since my claim started early last year). Is this the case? I feel a bit silly asking, but when you go from looking at this site almost daily to not often you forget whats what!! Cheers Kiff:)

Thanks Hedgey. I think that my local court are granting the stays as I have already had a judgement form for my Barclays claim and the letter accompanying it said that they are granting all stays to protect claimants blah blah. So is the general thought to wait and see, or go for it with the application to lift the stay? It's hard to know what to do. Thanks for your support. Kiff

Hi Anni, have you heard yet whether your claim has been stayed by your court yet? I haven't had anything yet, but am expecting a letter from the court anyday - I have already had one for my Barclays claim. Keep in touch, Kiff

Yippee, I've won! Please can a MOD move me to the 'success' thread. I was about to post my defence on here and on Friday morning received a letter from BSc for my hubby's claim saying they had acknowledged the claim and were prepared to defend it, but realise that on a commercial basis it'll cost them money which they would be unlikely to be able to recover and so without admitting liability blah blah they were crediting his account with the full amount - £470. I, on the other hand had a letter from my court to say my claim would be stayed until the bitter end. So I phoned Claire Rhodes at their litigation dept (the lady who had written to hubby) and explained the situation saying it was all rather inconsistent as I had sent the N1s to court on the same day. She was very nice and said she'd get back to me, which she did, explaining there had been a mix up at their end and that they would settle and credit my account with the full amount (£680) that day. RESULT!! Claire also said that they tend to pay out on the credit card claims, but not on the Bank account claims. Donation on its way once funds are in the account. A huge THANK YOU to everyone for their ongoing support. It really does give you a boost when you win and makes you even more determined not to give up. Kiff

bump

No, I just had directions that I had to submit the AQ, but when I rang the court to see what happens next I was told that the Defendant was sent the same documentation as I was, and that until the judge had both AQ's there wouldn't be any court date issued. The court also said that the judge would normally give the banks an extra 7 days to submit the AQ and then he would look at Judgement in my favour because of the banks non-compliance. Though nothing happened and I think the extra 7 days they had finished around the announcement time. So is this the norm, do the banks have to submit an AQ if I have? In my RBoS claim, the bank were very quick off the mark to send me copy of their AQ (asking for the case to be stayed!!) Over the weekend I recieved the the General Form of Judgement, from the court saying the my Barclays claim will be stayed pending the ultimate determination of the Commercial Court litigation. Grrrr Is it worth completing the N244 and paying the £35? How much success have people had with this? Thanks Kiff

Done.

Have not been able to get in touch with court so far - it just rings and rings! Will try in ernest on Monday am. As Barclays have failed to submit their AQ (which they had to do by 13 July) I feel it must be worth writing to the court asking for the claim to be struck out for non-compliance. Barclays have had heaps of time. Has anyone had any luck doing this in the past? thanks Kiff

I recieved a copy of Cobbetts AQ today - in section G it recommends that the claim be 'stayed' in light of current situation. Is there something I should be doing, or do I just have to wait for directions from the court? Also, I was surprised to see that the Cobbetts had ticked the 'no fee attached to this AQ' box - so does this mean that the banks don't have to pay anything, but we have to - this seems so unfair. Thanks Kiff

Thanks SSL, well today rec'd a copy of the Defence from BSc's solicitors - Optima (I think that was the company). Looks fairly standard and will post on here over the weekend when I have a spare 10 mins. Thanks again for your support. Kiff

Well my claim has now been Acknowledged and Bsc have until 14th to Defend. More waiting, but you kind of get used to it.

Thanks Hedgey Handed in my AQ yesterday and attached the Draft Orders etc and an updated SOC. I've sent copies of all of it to Cobbetts today. I wonder how long I'll have to wait now! Cheers Kiff

Good Luck FC, will be following your thread. Kiff

Hi Anni I handed in my AQ yesterday. I attached the Draft Orders and an updated SOC and I sent copies of all of it to Cobbetts today. Holiday seems a dim and distant memory now! But enjoying the good weather and the onslaught of the kids holidays! Fortunately our village run a free drama club 3 days /wk, so hope to get 5mins to myself at some point! I know what you mean about all the claims - I've got 5 on the go at the mo, all now going through the court process! It seemed like a good idea at the time to just go for it.....but sometimes wonder if I'm going to be able to keep on top of them all! Court Bundle time should be easier - though still lots of copying required!! Good Luck Anni, I'll keep watching your thread. Kiff

Brilliant read Tony, really made me chuckle. Thanks Kiff

No reply to my 'nudge letter' sent on the 23 July. Will ring the court again in the morning to see what the state of play is now.

Have rec'd Notice of Issue from the court - they have until 14 Aug to Acknowledge.

Thanks FC After the initial panic of seeing a different form, on reading it I can now see that it isn't that different and have completed it now. I am also going to attach the Draft Directions and Other Information (given below) - Other Information If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour. Can anyone confirm if this is still okay to use? I got it off this site, somewhere! I have to hand deliver it on Weds so any advice would be appreciated. Thanks Kiff

Hi Anni I've been sunning myself in Cornwall for the week, but before I left I rec'd the AQ (N150!), so a little bit different. I have no idea why I got this one instead of the N149 form, but have filled it out nonetheless and have to submit it to my local court by Weds with the £100. I have attached the Draft Directions and the following 'other information': Other Information If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour. I found it on here somewhere! I'm going to attach these with the AQ and deliver by hand on Weds. I will also send a copy of it all to Cobbetts, along with an up-to-date SOC. Hope this helps in some way and take comfort that we're both at the same stage now! Who'll get a date first!!! I have to say it was all a bit of a shock to come back and find out about the OFT test case. I see that RBoS weren't on the list of banks - but do you think that'll make any difference? Best of luck anyway Anni. Kiff

Keeping my fingers crossed for you Linda - I'm sure you'll get a settlement letter soon. Take care Kiff

I have received an N150 AQ form and a copy of the defence from my local court today. The AQ needs to be in by 9 Aug. Not sure why I've been sent this type rather than the N149 - should I ring the court and query it, or just get on and complete what I can of it?

Hi Ladymuck I've been following your thread as I'm not too far behind you. I have recently received a copy of Cobbetts defence and a AQ from my local court which has to be in by the 9th Aug. With reference to one of your previous posts (see below), what was the outcome? Did you make any response or did you just ignore it and wait for a court date? Had a copy of Cobbetts AQ today (I sent off my AQ & cheque Fri recorded delivery to the court)! They have put in Section G (other information), I quote: Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on the 1st of May 2007. In light of this, the Defendant my amend its defence or apply to strike out. Oh my God, have I done something wrong??? When the sent the Request for Further Information letter, I replied with the small claims track template! Have I done the right thing??????????? Can someone please give me some guidance, I'm really worried now!!! Just trying prepare myself if I get something like this! Thanks Kiff

Hi Anni How is it all going? Have they acknowledged yet?

Finally managed to get the N1 and fee off to my local court today - hurrah! The court is currently 5 working days behind with all the paperwork, so shouldn't expect much for a couple of weeks!

Thanks Dusary, it's so nice to know you are not alone out there. Cheers Kiff