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  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Does anyone know how to reclaim Children's tax credits back it is different from child tax credits it replaced the married couple tax credit, there is a company that want to doit for me but wants to tack 40% if they get it back, so if there is a way I can do it then I would like to try.
  4. I am waiting to get some funds to file my claim online.
  5. Hi Milo, you might want to try and give barclays a call to see if they got the date to and see if they want to settle in full before going to court, I did this before I even got a court date and a few days later got a settlement letter for full.
  6. Do you think phoning them will hurry them up, as last time I phoned for my other claim they pulled out my file there and then and said that they were going to settle and 2 days after they sent me settlement letter and I hadn't even got a court date yet.
  7. The set aside is to be considerd 23rd march 07, will I have to wait for another court date after this or will they settle before the march court date. Also as an agreement was signed before they got the judgement for less than what was on the judgement form will they send me out another letter to sign for the judgement amount. I haven't received a letter from the bank asking for me to accept the set a side yet, when is that likely to come.
  8. They said that they have to get it set aside before they can give money. does this mean they have to make me another offer and this time add all interest to date.
  9. The bank might defend in the 11th hour at the end of the day.
  10. Hi Tanz, I have just posted this on my thread but thought I might post it on yours to see if you could advise me. my hubbys case has been tranfered to our local court bow. Today hubby recieved Barclays application to set aside judgement this is what they say. They want the default judgement to be set aside because judgement was wrongly entered. Part C We wish to rely on the following evidence in support of this application: I am a legal assistant in the employ of the defendant (Barclays). I work in the Litigation and Disputes Department, where my responsibilities include administrating and managing claims made against Barclays. I understand from Northampton County Court that the Default Judgement was entered against the defendant on the 27th November 2006, due to lack of response to the claim form. I believe that the judgement was wrongly entered because Barclays filed it's Acknowledgement within the relevant timw limit. Accordingly this is an application to have the judgement set aside under CPR r.13.2(b). The claim was filed on the money Claim Online and issued on the 15th August 2006. Deemed date of sevice, according to practice direction - money claim online 5.8, is 5 days after date the claim is issued, which was the 20th August 2006. The defendant filed its acknowledgement to this claim to the court at 10:49 on the 21st august 2006, on money claim online. A transmission report is appended to this part c. The defense was also submitted to the court online at 16:06 on 22 september 2006. A transmission report is appended to this part c. Although submission of defence was late due to administrative error, default judgement was not entered into between the time expiring and submission of the defence. Accordind to not CPR 15.4.3: " In Practice, if the time for filing a defence has expired but the claimant has taken no step to obtain default judgement and the defendant then files a late defence, the court office will accept the defence, file it and proceed as usaual so that the claimant will not now be able to obtain default judgement." The Claiment applied to amend the particulars of claim, and leave was granted to ammend the particulars of claim on the 5 october 2006. A copy of this order is appended to tjis part c. The claim was only amended to increase the amount claimed by £908.78 and no amendments were made due to the substance of the cause of action. The defendant would have no reason to ammend the defence. Futhermore, no order was made to compel the defendant to respond to this amendment. As a result, the conditions for obtaining default judgement set out at CPR r.12.3 were not satisfied and the judgement was therfore wrongly entered. CPR r 13.2 requiers the court to set aside a default judgement in such cases. Therfore, I humbly request the court to set a side the judgement. WHAT SHOULD I DO NOW, I NEVER RECIEVED NO DEFENCE FROM THE COURTS FROM BARCLAYS, ALSO I SENT MY NEW AMMENDED CLAIMS FORM TO THE COURT ON 30TH AUGUST 2006, I WAS TOLD BY THE COURT ONCE I SENT THIS IN THAT MY FILE WOULD NOW BECOME A PAPER FILE NOT ONLINE ANYMORE. SO DOES THAT MAKE BARCLAYS CASE INVALID. tHAT NEVER ACKNOWLEDGED THE AMENDED CLAIM LET ALONE DEFENDED IT. i WAS ALSO ADVISED BY THE COURTS TO FILE A DEFAULT JUDGEMENT. pLEASE CAN SOMEONE ADVISE ME OF WHAT TO DO NOW. iF YOU READ FUTER UP YOU CAN SEE MY PROCESS.
  11. Today hubby recieved Barclays application to set aside judgement this is what they say. The claim has been tranfered to my local court bow. They want the default judgement to be set aside because judgement was wrongly entered. Part C We wish to rely on the following evidence in support of this application: I am a legal assistant in the employ of the defendant (Barclays). I work in the Litigation and Disputes Department, where my responsibilities include administrating and managing claims made against Barclays. I understand from Northampton County Court that the Default Judgement was entered against the defendant on the 27th November 2006, due to lack of response to the claim form. I believe that the judgement was wrongly entered because Barclays filed it's Acknowledgement within the relevant timw limit. Accordingly this is an application to have the judgement set aside under CPR r.13.2(b). The claim was filed on the money Claim Online and issued on the 15th August 2006. Deemed date of sevice, according to practice direction - money claim online 5.8, is 5 days after date the claim is issued, which was the 20th August 2006. The defendant filed its acknowledgement to this claim to the court at 10:49 on the 21st august 2006, on money claim online. A transmission report is appended to this part c. The defense was also submitted to the court online at 16:06 on 22 september 2006. A transmission report is appended to this part c. Although submission of defence was late due to administrative error, default judgement was not entered into between the time expiring and submission of the defence. Accordind to not CPR 15.4.3: " In Practice, if the time for filing a defence has expired but the claimant has taken no step to obtain default judgement and the defendant then files a late defence, the court office will accept the defence, file it and proceed as usaual so that the claimant will not now be able to obtain default judgement." The Claiment applied to amend the particulars of claim, and leave was granted to ammend the particulars of claim on the 5 october 2006. A copy of this order is appended to tjis part c. The claim was only amended to increase the amount claimed by £908.78 and no amendments were made due to the substance of the cause of action. The defendant would have no reason to ammend the defence. Futhermore, no order was made to compel the defendant to respond to this amendment. As a result, the conditions for obtaining default judgement set out at CPR r.12.3 were not satisfied and the judgement was therfore wrongly entered. CPR r 13.2 requiers the court to set aside a default judgement in such cases. Therfore, I humbly request the court to set a side the judgement. WHAT SHOULD I DO NOW, I NEVER RECIEVED NO DEFENCE FROM THE COURTS FROM BARCLAYS, ALSO I SENT MY NEW AMMENDED CLAIMS FORM TO THE COURT ON 30TH AUGUST 2006, I WAS TOLD BY THE COURT ONCE I SENT THIS IN THAT MY FILE WOULD NOW BECOME A PAPER FILE NOT ONLINE ANYMORE. SO DOES THAT MAKE BARCLAYS CASE INVALID. tHAT NEVER ACKNOWLEDGED THE AMENDED CLAIM LET ALONE DEFENDED IT. i WAS ALSO ADVISED BY THE COURTS TO FILE A DEFAULT JUDGEMENT. pLEASE CAN SOMEONE ADVISE ME OF WHAT TO DO NOW. iF YOU READ FUTER UP YOU CAN SEE MY PROCESS.
  12. A quick update, Barclays have paid me back all my money in full. But my hubby's, after he signed the settlement form they recieved our judgement form against them and so now they have said that they have to file for it to be set a side but they still are looking to settle, so now we have to wait for this to be done, they say that they didn't realise that they had to file another defence to the reissued N1 form. I phoned money claim online today and they said that they have sent barclays the forms out for a set a side on monday. So hopefully they will hurry up and fill them out. Celyn Evans said he would contact us this week.
  13. Just a quick update, barclays settled in full before I even got a court date. When I finally got my court date It was for 15th December. I phone Barclays when I got the letter of it being tranfered to the mercantile court an they informed me that they were sending me out a letter to settle. £1200+ SO I WON! YIPPEEEEEE. I have now emailed the mercantile courts my satisfied settlement letter.
  14. Hi can anyone advise me on the letter I send to the courts after I have recieved my money in my account. This is what I have so far. To whom it may concern I am bringing to your attention that Barclays have now settled in full and that I would like to discontinue my claim against them.
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