JackG - V- Barclays Bank

[dar£n]

court bundle?

All depends on your access to a photocopier,

You will receive the court date which will direct you from between 14 and 28 days before that date to submit your bundles. mine was 14 days, which gave me 7 days to get it done, but now court dates seem to be in June so youve prob got a while yet,

theres no harm getting them ready though and just add to them when necessary

[JackG]

Yeah, good advice, think I will as there does seem to be a lot to sort through and get ready.

 

Good job have own photocopier (small one) but means it can be done on a night time. does the court bundle have to be posted or can it be handed in and does it have to be in at least 7 days before hearing (think thats what I read in your prev reply)

[dar£n]

your court bundle can be handed in to the the court, make sure you get a receipt stating it was the bundle the accepted.

[have your details very clear on the front, claim no, claimant v defendant. etc]

I sent my Barclays one to Litigation Team at ,

1 Churchill Place

London

E14 5HP

I sent it by Special Delivery and insured it for the same amount of the claim just in case [only cost £2 extra]

 

have you got the link to the bundle?

 

sorry, added..... you will be directed by the court to when you have to submit the bundle.

[JackG]

Yes thanks, got all my links under Favourites so don't have to go searching around the site as I tend to get sidetracked reading all other stories, had to read bundle 4 or 5 times before I got my head around it, but understand what has to happen now, think I'll start this week

 

thanks all yr advice dar3n, much appreciated

 

yeah thatnks that footnote, got it!

[johnnymitch]

Jack

You'll give yourself an awful lot of needless work if you start on your court bundle too early - wait until at least you get a court date, then do one bundle. You can always do quick copies then if you have to, but my betting is that you won't!

It has been estimated that their could be as much as 200 sheets in a bundle - that's half a rain forest if you produce 3 - then probably don't need them.

 

Don't jump the gun Jack, you've bags of time yet!

Cheers John

[JackG]

Yeah, think you're right, guess I am just eager to get the thing over and done with, hate all this dragging of feet.

 

Waiting until I get Court date is much wiser

 

thanks for that

[johnnymitch]

Yeah, think you're right, guess I am just eager to get the thing over and done with,

 

 

We all go through it Jack, I know what you mean, but it'll be worth it in the end. The least effort possible is the watchword at the moment, let them do all the work - acknowledging and submitting a defence (if they do). 8)

 

Cheers

John

[johnnymitch]

Yeah, think you're right, guess I am just eager to get the thing over and done with,

 

We all go through it Jack, I know what you mean, but it'll be worth it in the end. The least effort possible is the watchword at the moment, let them do all the work - acknowledging and submitting a defence (if they do). 8)

 

Cheers

John

 

Ooops!! double posted - sorry about that! :8}

[johnnymitch]

Hi Jackg

 

Have a read of 'torigirl's' latest thread(today ) -sounds like she's at about the same stage as you - some good advice and template stuff on there.

 

Cheers, John

[JackG]

Hi everyone,

 

Just reached next stage of my claim. Barc had until 1.5.07 to acknowledge my claim and they did so - TODAY!. I think I now have to wait for next stage and that is the Court date ......is that right?

 

Is there anything I could be doing at moment instead of just sitting for next 28 days? Will I receive Court date soon or will it be in 28 days time?

 

If anyone has a moment to reply would be much appreciated,

 

thanks a lot

JackG

[dar£n]

have you looked at compiling your court bundles?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[CAZKATJOE]

JackG

 

It is 28 days from the date they were deemed served not acknowledged, so look at the date it was acknowledged and then count 28 days. If they had to acknowledge by the 1st May, then by my calculations they have to have filled a defence by the 15th,(which is the same date as mine).

I think i am correct here, i did check with MCOL and they said that i was correct so i guess i must be. So less time than you think good aye"""

[JackG]

Hi CAZKATJOE

 

thanks that reply last night, so I have until 15th May to wait and see if Barclays submit defence, will I get court date in next 15 days, or does court date come after they submit their defence?

 

I seem to remember reading somewhere on site (but read so much on this site that it all becomes jumbled up) that they sometimes don't submit a defence... if thats the case, how do some people know the names of their solicitors etc. and if they don't submit defence, do I win by default??? and then start judgement???

 

Reply to Dar3n, thanks, but I thought I wasn't to start court bundle until hearing date arrives?? is that right??. I have looked at court bundle and it does seem pretty scary, but I think I know what I have to do..... hope it works out easy as I think!

 

At what stage do I send uptodate SOC's like other people have mentioned and how do I bring it uptodate with interest to date as I thought template I used only took interest upto last time a charge was made.

 

feel a bit muddled (or thick) at moment, seems to be a lot to remember to do once things start moving.

 

Any help much appreciated thanks everyone.........

[dickeggsy]

i reckon they don't defend about 99.9% of the claims on MCOL so put your feet up and relax for a few weeks cos they will defend.

[johnnymitch]

They will probably submit a defence nearer the deadline Jackg, and you will get a copy of that - about 3 pages of blurb, which basically says they are right and you are wrong and you haven't given them enough information, etc, etc, etc.......

That will have the solicitors details on it, so send them a letter acknowledging their acknowledgement and attach an up tp date SOC.

The SOC template is geared to calculate interest daily, (not just up to the date of the last charge), so it's still rising as we speak - The number of days from each offence just keeps increasing, but you can print it out at any given point and at the bottom summarise your charges a bit like:

 

Total of Charges reclaimed XXXX .XX

Interest to ( current date) XXX .XX

Court Costs.................... XXX .XX

Total amount claimed...... XXXX .XX

 

If you have further costs (like AQ fees) at a later date - send them another updated copy to let them know you're still on the case and counting!

[Guest ChloeJane]

Hi Jackg,

 

Yes their standard delay tactic to defend. Costs them nothing to defend and of course they can't be seen as been guilty by default!

 

So to clarify the process.

 

The defendant should complete and submit his defence within 14 days of the date of service of the claim, unless an acknowledgement of service was filed, in which case he should respond within 28 days from the date of service.

 

Link worth reading here

 

Her Majesty's Courts Service

 

So the matter will then be transferred to your local court.

 

The court will be in touch and forward you a copy of their defence. Thumb twiddling time till then as nothing can be done except to read up on bundles and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate.

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

 

The bundles information the link has already been given. Hope this gives some more direction of what next.....all the best with your claim..

 

CJ

[JackG]

Thanks you 3 for your input, will take your advice and put feet up and relax!

 

will read up on all given info and great links you 3 have advised to read.

 

many thanks and good luck to you all in your pursuing claims too.

looks like I am on final stretch at last, so soon may it be over:)

[JackG]

HI everyone, an update......

logged onto MCOL to see status of my claim yesterday as Barclays last day to defend was 15.5.07 and lo and behold! they put in a defence at the last minute, surprise, surprise. I guess now I just wait for a court date from local court? Will get everything in post soon.... such as details of their defence etc. its in my thread above that I will........ however, a discrepency on MCOL status showed that defence was entered on 12.04.07 which I know is their mistake as Barclays didn't acknowledge my claim until 30.4.07 then had further 14 days to file a defence (which as mentioned earlier they have done), so emailed MCOL to point out their mistake as I want everything to be right....

 

So, like I said am waiting for court date which I hope isn't too far into future..... thanks to you all for support so far and all your brill advice

[CAZKATJOE]

Hi Jack G

 

They did the same with my MCOL claim, they showed BB defended on the 10/04 but that was when i completed my MCOL on line.

They defended my claim nearly 2 weeks ago and i received the defence through the post two days ago, so it should not be long now

This is the hard part, when you are just sitting around waiting

GOod luck hang in there

[JackG]

Hi CAZKATJOE

Thanks for that, it's getting really scary now isn't it, do you have court date yet,if so, how far ahead is it?.

 

Really feel for that guy from TSB who lost, hope he appeals with the help of Martin Lewis as there is no way he could lost with that kind of help. Keep thinking I've forgot something somewhere along the line as there are so many threads to read and take in. Just looked at link to Court appearance, pretty scary sitting there in front of Judge, I'll probs dry up completely and my mind will go completely blank.

 

Anyway, best of luck to you too, have been following your thread and we're not far apart in our claims, so will be watching yours with great interest.

[dar£n]

Jack, reading your last post, I cant help thinking that you are imagining yourself as you see on tv, with you in the dock looking down at the judge n jury.

This court is nothing like that, IF it does go that far, which I doubt, you will simply go into a small office with a desk and a few chairs, the judges in these [most] cases are very friendly and recognise that we, the claimant are just average joes or joelenes [lol] from off the street who are not used to this kind of procedure,

You can if you wish actually get permission to sit in on a few hearings beforehand so you know what to expect.

[JackG]

Just to update so far. Received 'Notice of Transfer of Proceedings' from Northampton County Court and think this is the norm as it is being transferred to my local court where all further communication should be addressed to. Am I right in thinking that next I will receive court date at my local county court. Also it says to read the accompanying documents carefuly and the next bit is crossed out ... and note that the allocation questionnaire should be returned to .................... county court. Page 2 reads..... It is ordered that-: 1. the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

So I guest the AQ HAS been dispensed with in my case unless I hear otherwise.

 

Page 3 details 'Defence and Counterclaim' then details are listed which I think are pretty bog standard and whole document is signed by Adrian St John from Litigation and Dispute etc etc

 

Hope this is as other people have had in their claims......

 

Should I be doing anything now, or should I just wait for Court date?????

 

Oh well.... things seem to be moving along I think, as they should be.

 

Good luck to all and will carry on reading other threads to get some much needed inspiration as I think I'm going to need it......

 

 

 

Should I do anything no

[dar£n]

Hi Jack, just check that their defence statement #1 doesnt say anything about not providing evidence to support your claim.. if it does, you need to send your SOC's to both parties asap.

 

just out of interest did you do this after filing at court?

if not send them now!.

 

Next you will hear is the court hearing, whether it be Directions of main hearing.

The judge may still order the payment for the AQ even though it has been dispensed with.

 

while waiting have a look at the court bundle, get yourself prepared, you will need to do 3 copies if necessary.

[JackG]

Just another note .....

 

this 'Notice of Transfer of Proceedings', it doesn't have the name of Barclays Solicitors on it, which I thought it would have..........

 

Do I get another type of defence letter from Barclays Sols or is this the one and only.

 

Just if anyone has a mom to reply, would be much appreciated

[saintly_1]

was it signed by Adrian St John ...

Barclays have their own Litigation Team @ 1 churchill place