carter56 v Barclays

[carter56]

thanks for that caz i will take you up on the offer of help . i will have my fingers crossed for you thanks again linda x

[oneofakind]

Seems like you KNOW what you're doing next, Linda!

 

my claim goes in on the 1st too.

 

Carry on!. :D

[carter56]

it will be interesting to see what happens to both our cases love linda x

[carter56]

i remember seeing on here a list of all the banks addresses but cant find it now has anyone any idea where i can find it thanks linda x

[lthomp192]

Barclays addresses is at top of forum page under heading "E-Mail and cotact addresses".

[carter56]

Well i have done it I have filed my claim on mcol. Oooh that was a bit scary total cost with court fee is £5103.03 will be looking to you all in the next few weeks for help and advice. thanks to everyone who has got me so far already. love linda x

[CAZKATJOE]

Well done, its not as bad as you think once you get started is it.

we will all watch out for you linda, hope all goes well.

Caz

[carter56]

thanks caz and is it only 13 days to go for you !!

linda

[carter56]

Well i Have received an offer from barclays letter dated 1/5/07 same day i filed on mcol. the offer is for £3120 my claim with costs is £5105.03 so i think its a thanks but no thanks reply.i wonder if someone could give me some advice. i have just looked on mcol and it says claim was issued on 2/5/07 and "

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. is that 14 days from the 2nd may making it the 16th may ? also it says Judgement "start" and then

"

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

which do i select - not sure what to do. the person who sent me the letter from barclays was a Charlotte Burr anyone had any dealings with her ? thanks linda

[CAZKATJOE]

Good offer, but a NO, i think too.

Anyway it is 14 days from the date they were deemed served so that would be the 16th correct. So they have to have entered an acknowledgement by then. Otherwise you can enter a default against them, that is where the Judgement by default comes into action. So just ignore that bit until then. You may not need to ever use it.

So nothing to do but sit back and wait.

Caz

[carter56]

thanks for that caz you are a star. and only 11 days to go for you but hey who's counting ?

linda

[carter56]

hi can anyone clarify this for me. i filed on mcol on the 1st may it said served 2nd may so i thought my 14 days would have been up on the 16th may but i have had a note of issue which says" the claim was issued on the 2nd may the court snet it to the defendants by 1st class post in the 2nd may and it will be deemed to be served on the 7th may the defendant has until the 21st may to reply." is this correct had i got my dates wrong when i worked it out to be the 16th

thanks linda

[oneofakind]

Hi Linda,

 

'Issued' is not the same as 'Served'. A claim on MCOL is 'issued' the day after you press the button, but deemed 'served' on the defendant after 5 days maximum.

 

[carter56]

i understand now so its the 21st that i wait till. thanks for that hows your claim going ?

linda

[oneofakind]

Filed last Thursday (3rd)

 

Nothing yet....

 

You know, for a bank, they have very little business sense - they offered me £570. I said no thanks, but if you offer me £1200 (the amount of my charges) I'll think about it. I got no reply, so the claim went in. By the time all the interest is added, several charges which are just outside 6 years, and the costs, the total is over £1800 !!

 

Stupid, isn't it?

[carter56]

i couldnt agree with you more. good luck

linda

[carter56]

hi just to let everyone know i looked on mcol this morning and barclays have acknowledged the claim on the 9th may thats 12 days early isnt it ? now they are allowed 28 days so is that 28 days from 7th may ?

thanks for any help

linda

[oneofakind]

They have 14 days from date of acknowledgement to enter their defence, ie. the 23rd.

 

so expect them to defend on the 25th:confused:

 

D.

[hagenuk]

There is no such thing as a "date of acknowledgement" and according to CPR 15.4 the general rule is that the period for filing a defence is –

 

(a) 14 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

 

The date they filed their acknowledgement of service has no relevance, they can file that at any point during the 14 days after the date of service of the claim or not at all if they file a defence within 14 days of the date of service.

 

However, in this case, the claim was deemed served on 7th May, therefore the defence should be with you and filed at the court by 4th June, plus a small time margin for postal delays.

[oneofakind]

Hagenuk, I bow before your authority:o

 

But the step-by-step example says:

 

7)

 

(Following the issue of a claim) The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want. It is also true that they may be awarded a 'second chance' (called a Stay) which might delay things a little, but in the long run will have no impact.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

 

:confused:

[hagenuk]

Yes, I can see how that is misleading. What it should say is that the extra 14 days only applies if they file their Acknowledgement of service within 14 days of the date of service and in any case, they only get a total of 28 days from the date of service.

 

Well spotted.

[oneofakind]

Well, at least I've learnt something today!

 

Sorry for hijacking your thread, Linda!

(and misleading you... accidentally, of course.)

 

:D

[carter56]

thanks to both of you so what it means is they have till the 4th june ( plus a few days ) better get reading the faq for the next stage

thanks linda

[carter56]

hi just to say i came home from work yesterday to find two letters one from victoria duffy at barclays with the usuall " sorry you ar unhappy blah blah blah " obviously one dept not talking to another and the second letter was notice that acknowledgement of service had been filed. i know that barclays had acknowledged my case on the 9th may from looking at the mcol site. so i presume this is just the paperwork to confirm that the defendant is ADRIAN ST JOHN legal counsel - anyone else heard of him? and suprise suprise they intend to defend all the claim !! i take it that this is just a copy of the acknowledgment for me to keep and that i dont have to do anything with it or reply to it ?

thanks for all your help in the past keep it coming

off to work again i hate working sundays

linda x

[CAZKATJOE]

hi Linda,

 

Right you just keep the acknowledgement..

I have Adrian St John on my paperwork, so now i address everything to him at Churchill Place.

So now you have to wait for them to enter a defence.

Good luck

Caz