Brooksdad v Woolwich

[hughes690]

Got notification from Court re Hearing: 12 Jun 07 - Enclosed is Defence by Barclays furnished to Court which I will digest (there appears, at first glance, many errors in that defence). Will peruse this.

 

What preparation am I required to do for Hearing?

[e28bigalbexley]

Hi

Im not to sure how it works in NI but its your obligation to prove your case.

Just take along all corespondance you and the woolwich have had including your statements.

Also, if you have'nt already read and digest this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html

This is the basis of your claim.

 

Ask the judge questions, ask him to repeat or make plain his answer to your questions if you dont understand. Make notes.

 

You could even go to the court (2or 3 weeks before)and ask the usher if you could sit in on some cases to see how relaxed it really is.

 

They are quite human and understand the common man:)

 

By the way have you had any contact with the Litigation Section in London (are your letters being dealt with in NI or the mainland).

 

AL:D

[lickthewallfatboy]

is this claim V Barclays bank or Barclaycard?In my experience with Barclaycard,they will be bery keen to settle before court.Try reading some claim threads V Barclays Bank if they are who you are after.....but I suspect it is a similar situation.

 

Don't go running after them would be my advice-if they want you,they will know where you are.Barclaycard used to play the game of non disclosure of data prior to 2004,until everyone started sticking in estimated claims and forcing them to prove otherwise.We actually negotiated for £250 more than our claim was actually worth after they rang us....they were THAT keen to avoid court.

[nemogbr]

Hi

Im not to sure how it works in NI but its your obligation to prove your case.

Just take along all corespondance you and the woolwich have had including your statements.

Also, if you have'nt already read and digest this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html

This is the basis of your claim.

 

Ask the judge questions, ask him to repeat or make plain his answer to your questions if you dont understand. Make notes.

 

You could even go to the court (2or 3 weeks before)and ask the usher if you could sit in on some cases to see how relaxed it really is.

 

They are quite human and understand the common man:)

 

By the way have you had any contact with the Litigation Section in London (are your letters being dealt with in NI or the mainland).

 

AL:D

 

I'm about to go for my small claims, but not sure how to proceed.

 

Do I go to court or is there a website in order to file a claim?

 

I know that it would cost me £150.00 due to the size of claim, but other than that calling the council was not helpful.

[hughes690]

Rang Barclays Litigation as recommended on this Thread this afternoon.

 

They have taken my details and Court Ref Number, etc.

 

I am awaiting a return call. I will keep thread updated.

 

(My Court Hearing is 12 Jun 07).

 

[jster$$$]

hi hughes,

 

i phone them yesterday and received offer today of the full amount. i spoke to kate ashton she is very good.

 

good luck

[jster$$$]

sorry thought i'd better give you her contact details!!!

 

tel 02071164664

fax 01452638430

email katherine.ashton@barclays.com

 

when i spoke to her yeaterday she saw i had a court date and asked me to email a copy of my schedule.

then she made me an offer today via email which wasn't the right amount so i email all my details again ie amount in charges amount in interest and court fees about 2 mins later she emailed me an offer of the full amount with a form to sign and email back.

 

hope this helps

[hughes690]

GOOD ON YA MAN!

 

I HAD no response to earlier phone call.

 

Typical.

 

I made THREE further calls to an ANSWER MACHINE - left messages, naturally.

 

IS IT BANK HOL LOOMING? Do banks knock off early to join the holiday rush?

 

I was told 'person looking after case was on lunch break' (at 2-30 pm) and would receive response 'when 'she returned.'

 

I DIDN'T! I'm further frustrated with them.

 

WILL THEY RESPOND NEXT TUESDAY? Case Hearing 12 Jun 07.

 

[jster$$$]

If I were you I would email the woman above with your name and case number and maybe when your court date is, attach a copy of your schedule. Just add a cover note asking if they would like to settle.

 

it seems from the many many posts I have read she replys to emails more so than the phone!!!!!

 

and your first line should have been

 

GOOD ON YA WOMAN!

 

I'm pretty sure you wont hear anything till after the bank holiday but you never know they maybe doing some overtime tomorrow:D

[hughes690]

GOOD ON YA WOMAN! Had no indication - assumed JSTER$$$ was American male! Apologies to you.

 

Will take your advice and send e-mail as suggested. That will be TWO avenues for a response!

 

Telephone contact + E-mail might bring rewards! Ta, again.

 

[hughes690]

Sent e-mail to Katherine Ashton with details as recommended. I now await respone from two avenues: a reply to e-mail and to telephone calls. It might all happen on Tuesday!

[hughes690]

SETTLEMENT OF COURT CLAIM!

NOW FOR THE REST:

Had call from Barclay Litigation and they agree to settle my Small Claims Court action.

My full claim against Woolwich (made 12 Dec 2006) is £5174.40 (plus interest).

 

Northern Ireland Small Claims Court restricts claim to under £2000.

My current claim was for £1983.00 plus £935.48 interest plus court fee of £62.00. Total settlement:

£2980.48

I was further advised by Barclay to tender a further claim for balance.

 

Do I start again at the start or simply request the balance payment?

 

Urgent advice appreciated. :lol: :lol:

 

 

 

 

 

Phew!

[jster$$$]

Excellent news hughes. :D well done. :D just out of interest was it kate ashton who sorted it out?

 

my advise on the second claim would be to start with the prelim then lba then file court claim but you may only have to submit a court claim. (not very helpful...sorry) however i'm no expert. i'm sure someone will be along to clarify things.

[tamadus]

Fantastic news Hughes, it took a while but you got there in the end.

 

Any idea when they are sending the cheque? Whatever you do dont tell the court its settled until that cheque is banked and cleared.

 

I'd then simply write to whoever agreed the settlement with you and advised to claim for the balance with a prelim letter quoting them and saying you fully expect them to settle the balance immediately or will have no hesitation in submitting another court claim.

[hughes690]

I'm absolutely delighted for my wife and myself tonight.

 

Think I'll ring (after receiving their offer of payment for signature which they have in the post) and money credited to account, asking for balance payment (plus interest) and take it from there.

 

Sorry, Jster$$$, didn't catch the name of caller. Your advice, tho, was invaluable! I was too excited at the time! Think the e-mail done the trick.

 

Any further advice appreciated.

 

:lol: :lol:

[e28bigalbexley]

:-D :-D

WELL done Hughesy old boy, well worth the effort and stress eh!

Slap in a letter straight away just as Tamadus said and hopefully you wont be waiting as long for the rest.

 

Bloody well done, im really chuffed for you

 

AL;)

[hughes690]

Thank-you for your kind comments - they are all appreciated.

 

:D :D

[hughes690]

Had call today to confirm Settlement is to settle Court Claim (only).

 

I will now prepare for further action - like ringing Customer Services for the balance of original claim.

 

Getting happier by the day!

 

Any further advice from followers of this Thread would be welcome.

 

[hughes690]

My First Hiccup!

Customer Services told me by phone that Barclay Legal said there would be no further money available on my original claim.

Do I send LBA and Schedule of charges that remain to be paid?

Is this my next step?

Would appreciate further advice.

[hughes690]

WOT! No advice forthcoming??

 

Reckon I'll proceed with LBA + Schedule of charges covering remainder of claim.

 

Cheque received in COURT Settlement deposited in my new Bank Account. I Await clearance of same!

[lickthewallfatboy]

if you are thinking of doing this in NI small claims system,you are 98% screwed.....the courts have got wise to this and throw them out second time around

[hughes690]

Thanks. Not so good news. Is this even tho the first Court case was settled out of Court and the case was withdrawn??? I will still endeavour a second hearing. I will send LBA to Barclays for the remainder of the original claim. There is still too much to lose! It is in the region of £4500.00 (inc interest).

 

Is there anyone with knowledge or experience of this?? Please info this Thread. Soonest.

 

I need to take my action this Month.

 

PS - Cheque CLEARED OK!

[lickthewallfatboy]

they will use the fact you have already split the claim in their defence,and will apply to have a second claim struck out on that basis...

[hughes690]

I await reply from Woolwich (Letter of Request posted Thur 28th Jun 07) re my Claim for remainder of THEIR Charges.

 

I enclosed copies of Original 'Request For Payment' and subsequent 'LBA' + 'Schedule Of Charges'.

 

My covering letter gave specific period for payment still outstanding and a Schedule of Charges totalling £4567.20 (inc interest).

 

Any further comment welcome.

[hughes690]

Absolutely NO response from Woolwich/Barclays.

 

Have made and received response from Northern Ireland Small Claims Court but yet to have an hearing date set.

 

'Defence entered' by Barclays 31 Jul 07.

 

I am awaiting progress. :rolleyes: