genesco v Barclays

[genesco]

I hand delieverd my AQ along with my schedule of charges to my local small claims court about 2weeks ago I am still waiting for a court date, Bow county court in stratford is my court. I also sent a schedule of charges to my bank and noted this in my AQ to my court.

 

I have also sent off my hubbys Stamped N1 form to the bank along with his schedule of charges. on the 13th deemed to be served on the 16th october.

[genesco]

today I phoned the courts to see if the bank had acknowledged my hubbys new n1 claim which they should have done by the 30th october, but the court said they hadn't recieved anything yet and I should now print of a N225 form and enter judgement against them.

 

So here I go any advice in filling out the form.

[genesco]

I entered judgement against barclays on Monday 6th november, does anyone know how long I have to wait for a reply.

[alanfromderby]

Have you had confirmation from the court that judgement has been entered?

[genesco]

No not yet.

[genesco]

I hand delieverd my AQ along with my schedule of charges to my local small claims court about 2weeks ago I am still waiting for a court date, Bow county court in stratford is my court. I also sent a schedule of charges to my bank and noted this in my AQ to my court.

 

does anyone no how long it takes to get a court date.

[alanfromderby]

I hand delieverd my AQ along with my schedule of charges to my local small claims court about 2weeks ago I am still waiting for a court date, Bow county court in stratford is my court. I also sent a schedule of charges to my bank and noted this in my AQ to my court.

 

does anyone no how long it takes to get a court date.

 

It is getting slower and slower unfortunately - for some reason the courts are rather busy at the moment...can't think why!!

[alanfromderby]

No not yet.

 

When you do it is likely that the Defendant will get their copy on the same day.

 

I would then leave it for a day to give it time to reach the right person. Then give them a ring, and warn them that unless payment is received by [give them 2 days], you will be sending the bailiffs in.

[genesco]

hOW LONG DOES IT TAKE FOR THE BULK CENTER COUNTY COURT TO PROCESS YOUR JUDGEMENT FORMS.

[alanfromderby]

Things are getting slower and slower.

[genesco]

Spoke to the bulk center today and was told that my judgement form had been passed to their manager, and I must call back on friday. does anyone know what this might mean.

[alanfromderby]

What I would guess is that your file has been passed to the Court Manager for a decision. He/she may have made that decision [or, if not, will do so shortly], but the file has not been passed back to the clerk who types up the paperwork.

 

Just administrative process really - and again, things are taking longer due to the increase in workload.

[genesco]

Here is an update about my husbands case, I have filed request for judgement on 6th November with MCOL, a few phone calls later I was told that they couldn't find my form, then gave them my recorded delivery number, then they found my form on 21st november but was put in another file and wouldn't be processed until next week, so they told me to email them another request form so they could process it immidiately,then was told via email:

 

"Dear Mrs XXX

We have received a copy of your request for judgment, upon entering the case details on our system it has been found whilst this case was referred to a District Judge the defendant filed a defence. As the defence was received before any request for judgment was received going back to 1st November, which was when the defence was received.

 

We are unable to process Judgment at this stage. What will happen is that the case will be transferred to your local court for you to comment on the defence. A notice of transfer will be sent to you and you will receive a copy of the defence in due course, this will give you the opportunity to say whether or not you agree to the defence.

 

A defence being filed does not mean it is valid, this would be for the court to decide and also to decide if you can request a judgment.

 

If you have any questions in regards to the transfer process please do not hesitate to contact me."

 

So I have replied,

 

"Dear Wendi,

I would just like to bring to your attention that there were 2 claims filed. I am now aware that a defence was recieved to my original claim which the defence missed the deadline date for , which we never recieved a copy of. All the times I have phoned from the 6th november I was told that the defence had not acknowledged the claim which was reserved on the 16th October 2006 and was advised to submit a request for judgement form and we have not received a copy of the defences acknowledgement.

 

I would apprieciate if you could check the notes properly.

CLAIM NUMBER: 6QZ54863

 

Original Claim deemed to be served 20th August 2006

Notice Of Acknowledgement- 21st August

deadline for defence 18 september 2006

NO DEFENSE SUBMITED

 

Reserved seal stamped Claim to Defendent 13th October 2006- deemed 16th October 2006

deadline for acknowledgement 30th October 2006

NO ACKNOWLEDGEMENT SUBMITTED BY DEFENCE

 

Request for Judgement entered 6th November"

 

Has anyone any advice for me, this is really taking a very loooong time.

[debbief135]

sorry posted in wrong place

 

Debbie

[kippy2]

Deleted

[genesco]

I hand delieverd my AQ along with my schedule of charges to my local small claims court about 2weeks ago I am still waiting for a court date, Bow county court in stratford is my court. I also sent a schedule of charges to my bank and noted this in my AQ to my court.

 

does anyone no how long it takes to get a court date.

 

Do you think I should phone up bow court to see what has happened to my AQ form.

[genesco]

HELP NEEDED anyone My case 6QZ61124 has bee transferred to the Mercantile court, what does that mean what should I do. I haven't got a date yet.

PLEEEASE someone help!

[alanfromderby]

There is a forum for the Mercantile Court which you would need to have a good read through.

[Spotted Dog]

Firstly don't panic.

 

Go to the General forum http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

As far as I can remember a few cases were sent to a hearing at the Mercantile Court but I think they all got paid out before they had to appear.

I think the Courts are getting fed up with the banks wasting their time. By passing cases on to the Mercantile Court, the courts are getting cases heard in one session. Also I think that the courts are hoping that a case can actually get to the Mercantile court, and if so, the outcome of that case would create a legal precedent and that ruling would apply to all subsequent cases.

 

Spotty

[genesco]

I've read on here that some peolple have phoned barclays and got their money back that way, do you think it is worth while doing that, I was thinking of phonig Mr Ruffhead who wrote the defence for barclays.

[genesco]

Hi,

just thought i'd give u a quick update, i called alex martin again and he informed me he had given me the wrong number, so he gave me the right one, so i called Celyn evans who is dealing with my case, very polite man asked him if he wanted to settle before it went to mercantile court, he said that is what they are looking to do and that he has check to see if the figures were right and that then he would send me a letter in the next couple of days with an offer, he also told me that my husbands had been transfered to the mercantile court aswell and he would also be reciving a letter soon. We haven't even been informed that his has been tranfered to mercantile court yet. he took my mobile number and said would get back to me as of when.

Hopefully it will be sooner rather than later.

[genesco]

Here is an update about my husbands case, I have filed request for judgement on 6th November with MCOL, a few phone calls later I was told that they couldn't find my form, then gave them my recorded delivery number, then they found my form on 21st november but was put in another file and wouldn't be processed until next week, so they told me to email them another request form so they could process it immidiately,then was told via email:

 

"Dear Mrs XXX

We have received a copy of your request for judgment, upon entering the case details on our system it has been found whilst this case was referred to a District Judge the defendant filed a defence. As the defence was received before any request for judgment was received going back to 1st November, which was when the defence was received.

 

We are unable to process Judgment at this stage. What will happen is that the case will be transferred to your local court for you to comment on the defence. A notice of transfer will be sent to you and you will receive a copy of the defence in due course, this will give you the opportunity to say whether or not you agree to the defence.

 

A defence being filed does not mean it is valid, this would be for the court to decide and also to decide if you can request a judgment.

 

If you have any questions in regards to the transfer process please do not hesitate to contact me."

 

So I have replied,

 

"Dear Wendi,

I would just like to bring to your attention that there were 2 claims filed. I am now aware that a defence was recieved to my original claim which the defence missed the deadline date for , which we never recieved a copy of. All the times I have phoned from the 6th november I was told that the defence had not acknowledged the claim which was reserved on the 16th October 2006 and was advised to submit a request for judgement form and we have not received a copy of the defences acknowledgement.

 

I would apprieciate if you could check the notes properly.

CLAIM NUMBER: 6QZ54863

 

Original Claim deemed to be served 20th August 2006

Notice Of Acknowledgement- 21st August

deadline for defence 18 september 2006

NO DEFENSE SUBMITED

 

Reserved seal stamped Claim to Defendent 13th October 2006- deemed 16th October 2006

deadline for acknowledgement 30th October 2006

NO ACKNOWLEDGEMENT SUBMITTED BY DEFENCE

 

Request for Judgement entered 6th November"

 

Has anyone any advice for me, this is really taking a very loooong time.

 

Hi everyone here is an update since I sent the above of to mcol

"Hello Mrs xxx,

 

Upon checking all of the notes from the date the claim was issued a certificate of service was filed by you allowing you to proceed with the claim. I have today processed your request for judgment for the amount of £4805.34, it has been requested forthwith.

 

The judgment will be served upon the defendant, if you have no response from the defendant within 7 - 10 days you may apply for a warrant online if you wish to enforce the judgment.

 

Please do not hesitate to contact me further if you require assistance or information in regards to the warrant procedure.

 

Kind Regards

 

 

 

Wendi Fowler"

 

I THINK THIS IS A RESULT, JUST NEED HUBBY TO PHONE UP 2MORROW to confirm barclays have it and ask for it in 2 days.

[Welshman]

You will very probably receive contact from Barclays telling you that they will be applying for a Set Aside of this judgment.

 

Don't worry about it because in the same breath they will be offering you what you want. They will be asking you to agree to the set aside and you should agree in exchange for receiving all that's due to you.

 

In the FAQ's and Step by Steps, it mentions this scenario. If they apply for a Set Aside, they will get it. If you do not agree to it, it will only prolong the wait for your money. All they want is not to have a judgment made against them.

[genesco]

Today Barclays have sent me and my hubby a letter offering us both full and final settlement. There figures are diffent to mine my hubbys is about £55 short and mine is about £85 more, but I think we will settle for it so we can get this money in the bank before xmas.

 

I will be crossing out the line

"YOU ALSO AGREE THAT THE EXISTANCE AND TERMS OF THIS OFFER ARE CONFIDENTIAL BETWEEN US".

 

Has anyone got a letter they sent of to the court saying that the bank has paid.

[genesco]

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.