genesco v Barclays

[MARTIN3030]

I have been reading DON QUIOXTE thread and how he got his funds back before barclays filed a defence.

 

I was thinking of calling jerimah and trying to settle over the phone, what does anyone think, would this work against me in court.

 

Its up to you.

Barclays are not known to generally settle in this way.

You will also relinquish interest and their refund is likely to be considerably less.

If you did enter talks,and still wanted to claim after,then this would not have any adverse effects as long as nothing was signed.

Your call here..............but remember its YOUR money and not theirs !!

 

[genesco]

Thanx Martin, are you able to help with my N1 form

[MARTIN3030]

Thanx Martin, are you able to help with my N1 form

 

 

I will try and help sort something for you.

Are you ready to do this now ?

[genesco]

I will try and help sort something for you.

Are you ready to do this now ?

 

Hi Martin Yes I am ready to do this now, just waiting on your reply to my N1 form, thanks for all you do.

[genesco]

The N244 form, cause when I phone up money claim online she told me to download this form and send it back to them then they have to show it to a judge then the judge decides and then it gets sent back to them which they stamp then send me out a claim pack which I have to fill out and send to the bank myself.

[genesco]

The N244 form, cause when I phone up money claim online she told me to download this form and send it back to them then they have to show it to a judge then the judge decides and then it gets sent back to them which they stamp then send me out a claim pack which I have to fill out and send to the bank myself.

 

at the time I had explained to them that I had not included the £900 interest in my total amount.

[genesco]

Thanxs for the link,

One question whilst reading it, I noticed that you can't claim for the £15 and £20 OD charges they applied to the account or can you because I put this in my list of charges.

Can I claim them Or Not do I have to remove these aswell

[genesco]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/3906-lostinparadise-abbey-7.html?highlight=lostinparadise#post144499

 

might help.

 

Q. I need to make an amendment to my claim how do I do it?

 

A. Once the claim has been issued the court cannot change any of the details submitted without an application and request to re-serve the claim. You must complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details. The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due.

 

Do I need to print off my online claim form and change the total t the right total in red and send it to the court along with the N244 form.

[genesco]

Thanxs for the link,

One question whilst reading it, I noticed that you can't claim for the £15 and £20 OD charges they applied to the account or can you because I put this in my list of charges.

Can I claim them Or Not do I have to remove these aswell

Can I claim for this

[genesco]

wHAT SHOUL i PUT FOR THE FOLLOWING ANSWERS, iT MIGHT BE STRAIGHT FORWRD BUT JUST DON'T WANT TO GET IT WRONG THIE TIME

 

1.How do you wish to hve your application dealt with?

A)Court Hearing

b) telephone

c) without hearing

 

2.Give a time estimatefor hearing

 

3. Is this agreed by all parties

YES

No

 

4. Give dates of any trail period or fixed trial date?

5. Level of Judge

 

6. Parties to be served

 

Whoes address do I put in where it say:

address to where documents about this claim should be sent

 

Also wher it say

IN THE

in the top right hand corner

do I put Northampton court

and

what date do I put on it

is it todays date

 

ONE MORE THING

on my spreed sheet of list of charges which I will be sending in with it the interest has changed do I now need to change the amount of particulars of claim to match up with the excel sheet.

[genesco]

Sorry but I need to be spoon fed, can anyone help just want to make sure I get this right . and if there is anything else I need to send in with this please feel free to let me know.

 

wHAT SHOUL i PUT FOR THE FOLLOWING ANSWERS, iT MIGHT BE STRAIGHT FORWRD BUT JUST DON'T WANT TO GET IT WRONG THIE TIME

 

1.How do you wish to hve your application dealt with?

A)Court Hearing

b) telephone

c) without hearing

 

2.Give a time estimatefor hearing

 

3. Is this agreed by all parties

YES

No

 

4. Give dates of any trail period or fixed trial date?

5. Level of Judge

 

6. Parties to be served

 

Whoes address do I put in where it say:

address to where documents about this claim should be sent

 

Also wher it say

IN THE

in the top right hand corner

do I put Northampton court

and

what date do I put on it

is it todays date

 

ONE MORE THING

on my spreed sheet of list of charges which I will be sending in with it the interest has changed do I now need to change the amount of particulars of claim to match up with the excel sheet.

[genesco]

Ok I have decided to tick 1.©

2. leave it blank

3.leave it blank

4. leave it blank

5.leave it blank

6. Barclays Bank

put the address of Barclays bank where it needs to be served

and put Northampton court and todays date

 

ANYONE HAVE ANY COMMENTS ABOUT THIS PLEASE FEEL FREE TO HELP ME OUT.

THANX

 

wHAT SHOUL i PUT FOR THE FOLLOWING ANSWERS, iT MIGHT BE STRAIGHT FORWRD BUT JUST DON'T WANT TO GET IT WRONG THIE TIME

 

1.How do you wish to hve your application dealt with?

A)Court Hearing

b) telephone

c) without hearing

 

2.Give a time estimatefor hearing

 

3. Is this agreed by all parties

YES

No

 

4. Give dates of any trail period or fixed trial date?

5. Level of Judge

 

6. Parties to be served

 

Whoes address do I put in where it say:

address to where documents about this claim should be sent

 

Also wher it say

IN THE

in the top right hand corner

do I put Northampton court

and

what date do I put on it

is it todays date

 

ONE MORE THING

on my spreed sheet of list of charges which I will be sending in with it the interest has changed do I now need to change the amount of particulars of claim to match up with the excel sheet.

[genesco]

I phoned the court Bulk center this morning and they told me exactly what to write and where, they were extremely helpful, It was easier than I thought.

[genesco]

Just a quick update, I have now filed my husbands N244 form with altered N1 form

and also I have filed my money claim online today.

I will keep you updated.

[genesco]

A quick question I have sent my N244 letter back to the courts, but was wondering what to do, because barclays acknowledged my first claim but will have past the deadline to submitt a defence by monday,

what should I do

would I have won by default

or

do I need to wait for the court to reply to my N244 form.

 

Thanx any help would be great

[MARTIN3030]

Dont forget if their deadline falls on a weekend then they are allowed next working day.

What is the actual last day?

if its Monday then Barclays probably will comply at the 11th hour.

 

If you are uncertain give the court a call on Monday Morning you have nothing to lose (besides the price of a phone call )

 

[genesco]

The actual dead line is the 18th of september.

Would I get the defense through the post to my original claim.

 

I will phone the courts on monday. To see if because I altered my claim and they acknowledge the 1st claim if this deadline stands.

[MARTIN3030]

The actual dead line is the 18th of september.

Would I get the defense through the post to my original claim.

 

I will phone the courts on monday. To see if because I altered my claim and they acknowledge the 1st claim if this deadline stands.

 

Are you saying that you made ammendments to the original claim in which the deadline expires on 18th,?

If so then Technically if the defendants have been served with these ammendments they could ask for more time.

It is usual for a claim to have to be re-submitted.

Pity this was not Halifax.........they would probably have settled in the transition.

[genesco]

Ok let me make this clear,

I sent my original claim out on 14th august then they acknowledge on 21st August (so they had until 18th september to defend),

I sent my n244 form along with the adjusted n1 form to the court on 30th august and am waiting for the court to send me back the forms to send to the bank.

[MARTIN3030]

Right.

The bank will be unaware of the ammendments.

They will only become aware of that when YOU resubmit after the court send them back to you.

 

On that basis they are likely (as they do) to submit an 11th hour defence and that would be on Monday.

Dont forget they are using faxes so it can be sent minutes before any deadline.

 

If they do not submit the defence in time then you can of course challenge that however when they DO become aware that ammendments have been made in the interim period,they likewise could also challemge that too.

 

It would seem that since the courts have recieved your ammendments (albeit not the defendants) in the eyes of the court the original claim is superceded.

 

You should speak with the court.

[genesco]

what time is the 11th hour

[MARTIN3030]

I mean as close to the deadline as they can get........Which is Midnight Monday !

[genesco]

Ok so then I should phone courts on tuesday then.

[MARTIN3030]

I would call them around Lunch time on Monday.

 

I am not saying they will leave it till midnight but I would deffo call the court before close of business so you will have some idea as how to proceed.

I would imagine the court will tell you to wait for the ammended docs as they would now consider the ammended claim to be the one in force.(although not legally since you have not yet served it )

 

If you really do want the benefits attatched to the ammended claim then there seems little doubt that you will have to re-submit in due course.

[genesco]

Hi I phoned the courts today and was informed that barclays have not submitted a defense to my hubbys claim the deadline was the 18th september, but they said that cause I have submitted an ammendment that the case is on hold until the judge sends back my claim, but the bank doesn't know that I am waiting for this as far as they are concerned the deadline was on the 18th.

 

Do you think I should give mr jerrimiah a call and see if he wants to settle cause he has missed the deadline.