WARRENTUFF v BARCLAYS ***16k Win***

[Delboy01]

Warrentuff, if they just sent you a list of charges for your DP request then just use that instead of statements

[warrentuff]

Well folks, Received the Acknowledgment of Service this morning and guess what they are to defend the claim in full. The date of the service was the 19th April - So it has taken well over a week to get to us. Could someone please let me know what I have to do next - is this the scary bit. Do I do nothing until the full 28 days are up!!!!

[warrentuff]

Is there anyone out there;)

Its gone all very quiet and I could really do with some added support. as my earlier post has stated Barclays are to defend in full - I really need to know what I do next do I just sit and wait for the courts to contact me re the defence or do they contact me to pay the £100.00 for the QA. Does anyone know how long it will be before I see any monies.

[warrentuff]

URGENT

Oh mu giddy aunt

 

Just ready another thread about time - I thought that Barclays had 28 day from when I received their Aknowledement of Service which was on the 19th April - however I have read that it is 33 day in total:

 

5 days to be served

14 days to aknowledge

14 days to put in their defence.

 

As barclays have stated they are to defend my claim in full does the above still apply. If so Barclays have until this Friday. Oh my God. What do I do know, what do I do on Friday. I am due to go and work in London for another 2 weeks as from Monday. I really need some spot on advice. HEEELLPP.

[Hedgerow]

Hello warrentuff,

 

The best thing you can do if in any doubt is to ring the court who are dealing with your claim and ask them questions regarding the stages that you are at.

 

They should be able to guide you to what needs to be done next.

 

Personally thats what I would do, but it's up to you.

 

Keep on posting on this forum too, and others I'm sure will offer any help they can.

 

Best of luck

 

Hedgerow

[Guest ChloeJane]

Hi there!

 

Ok...to try and give clarity...

 

You cannot do anything till the 28 days are up.

 

I appreciate that is scary and you are thinking - NOOO.

 

But all this, and please be re assured is just the process of it all.

 

Your local court will be in touch after the 28 days and send you a copy of their defence and often an allocation questionaire.

 

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?

For the amount of money you have claimed, as Advoc clearly stated, the judge will decide the best track!

Hope this makes a little clearer.

CJ

[marley2009]

im at the same stage hun, they defended last week on the last day, i havent heard anything back from the courts yet tho so im gonna give them till next week but im sur they will be in touch with a copy of the defence as soon as they can.

 

amandax

[warrentuff]

Thanks everyone for all your excellent advice. Once I have received the QA and sent back my fee, how long do you reckon untill settlement, do you think that Barclays will wait until a court date, as that could take months !!!. Were hoping to go on holiday for the 1st time in 11 years in July - So do you think it could all be over end of May beginning of June????

[warrentuff]

Hi All

 

Received the copy of the defence together with the QA. The defence looks like a standard wording and is a copy, or do the Courts hold on to the original. Has everyone been sent this, mine starts with

 

"1. The particulars of claim provide no recognisable cause of action....."

"6. The Defendent's standard terms and conditions.............."

And the last paragraph:

"13. The defendant denise that it is liable to the claiment.............."

 

It is signed by Adrian St John.

 

Also another question, once I have filled in the QA, do I give it in to the court together with the court bundle and then send a copy to Barclays. also does anyone know how long it will take now before Barclays pay out!!!

Many thanks

[warrentuff]

Really in need of help on my last question, I am back full time from London now, so that I can give 100% to my cause. Whilst I was away the LLoyds judement was annouced, should I be worried!!!

 

If anyone can help re the AQ, I would be greatly appreciated.

[jowalshy]

Hi Warren. Here is a link to help you with your AQ.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[warrentuff]

Could someone help - filling out the QA on the section "Witnesses" I have put my name, (1) should I include my husband as well??. Also what do I put in under the heading of "Witness to which facts".

[jowalshy]

Quote:

Section D - Witnesses

Quote:

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness

Typically this would be 0

[warrentuff]

Sorry to be a pain - but could some one help with C, F and H on the QA - I have ticked "yes" to part 2 of C. What Do I put in F, really confused!!!. And "H" what boxes do I tick, I have printed the wording of as per the AQ template do I attach that, The court alrady have my list of charges. And what do they mean by "Applications in the immediate future!!

Really sorry but I'm having a totally blonde morning! oops sorry I mean Afternoon.

[warrentuff]

Quote:

Section D - Witnesses

Quote:

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness

Typically this would be 0[

Thanks for that, But on the form I am completing whaich is a N150 it quotes " So far as you know at this stage, what witnesses of fact do you intend to call at the trial or final hearing including, if appropiate yourself]

[warrentuff]

Still require some direct on my questions re the AQ, - Could someone please help. I also tried and phoned Barclays today just to see what they would say. I phoned the free number and spoke with the bog standard "hello welcomed to Barclays" All they had on record was the letter I recieved back in Feb re the £1000 as Full and final settlement offer. I was told that Until I have a court date I am unable to speak to the litigation dept. It was worth a try.

Also I phoned my local court, and was told that as I have until the 30th May to submit my AQ I should get a hearing date of around the end of June. Would you say that this is correct??. They also said that the bank has a AQ as well totally confused. Do you submit the court bundle when you return the AQ. Please help i'm getting pretty desparate now.

[Hedgerow]

Hello warrentuff

 

Do you have a copy of the book by Patricia Pearl? - Small Claims Procedure: A Practical Guide.

 

If you do then there is a section in there about the AQ stage of a claim.

 

I wish I could be of more help to you but I haven't reached that stage myself yet.

 

Have a look through the links below. I'm sure what you need to know will be here somewhere

 

Allocation questionnaire

Frequently Asked Questions

Allocation Questionnaire - N149 on-line PDF Version

http://www.hmcourts-service.gov.uk/c.../n149_1105.pdf

Allocation Questionnaires - A guide to completion: N149 & N150

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

http://www.consumeractiongroup.c o....tionaires.html

Allocation Questionnaires and Stays - Important Information

http://www.consumeractiongroup.c o....ing-stays.html

Allocation Questionnaire - Dispensing With the AQ

Is your court dispensing with the Allocation Questionnaire?

Allocation Questionnaire - Dispensing With AQ: Action to Take

New---after 28 Days - Maybe No Aq!!!!!!!

Best of luck and keep in faith

 

Hedgerow

[warrentuff]

Dear all

Phoned court today for answers to my queries, were most helpful, however due to my size of claim, it will have to be fast tracked, one thing I am still not 100% with is other information, I copies the bit re why I think it should be kept on a small track, but the court stated I should put something in which would help the Judge in my case, any suggestions!!!

Also I may be jumping the gun a bit but I thought I would give Barclays Lt dept a ring I used the number quoted on other threads. To my great surprise I was rung back!!! I spoke with a gentleman well Boy actually who stated that as soon as I have my court date they would contact me "YEAH RIGHT" and that a settlement offere would normally go out 3 weeks before the court date. "I wont be waiting that long I can esure you". He also mentioned that they are currently expanding the dept and that pay out may be sooner!!!

I know that this may be old hat, but at least I can state that I have it verbally that another offer will be forthcoming and that hopefully it will be greater than the pitiful £1K they offered back in Feb. any thought out there.

[Hedgerow]

Hello again warrentuff

 

I'm just a little way behind you with my main claim so I will probably be asking similar questions when I get to this point too. You'll more than likely have some good advice once you've won your case.

 

By the way, what was the number you rang for Barclays?

 

Good luck

 

Hedgerow

[warrentuff]

Hedgerow

 

Thanks for your support - I have 4 numbers for Barclays No. 1 seems to be the most popular according to other threads:

(1) Kysta Campbell - 02071164753

(2) A Lombardi - 02071165634

(3) Charlie Spalding - 02071161944

(4) Katherine Ashton - 02071164664

 

You probably will get an answer phone so just leave a message, all I quoted was my name, claim number and telephone numbers at work and at home.

I rally could do with the help on the AQ - has anyone in your thread filled one in that I could ask - really really desparate.

 

Warrentuff - even though it sounds manly i'm actually a she, I wish I had chosen a more girlie name now.

[warrentuff]

Stupid question - I don't submit my court bundle until it is requested by the court, or do I give it in with the completed AQ

[warrentuff]

Filed my AQ today, together with the £100 - Even though I have not been given a court date yet they stated anything within 4 - 6 weeks, I am going to phone Krysta @ Barclays tomorrow to see if they will settle out of court. Wish me luck!!

[warrentuff]

General Housekeeping Question - How do you give details of your claim to the MOD.

[warrentuff]

Well

I finally spoke with Krysta @ Barclays only to be told that someone else is dealing with my claim, I asked to be transferred, I then spoke with a Paul Quinn (direct tel:02071165634) who basically stated that they were hoping to settle around 3 weeks before court date. I stressed that I was informed by my court that I would hopefully be given a date at the end of June. He stated that he can not do anything as he has none of my datails as they have not been sent over my the accounts dept.

 

I stated that I would phone next week for an update, Paul stated that he could not treat my claim any differently than anyone else, and that I would have to go to the bottom of the pile and await my turn. (I was not asking for any special treatment) I was merely asking for what is due to me. He did get abit stroppy with me, he is probably fed up to the back teeth of all this. but I am quite sure that if he was in my shoes right now and had to endure the consequencies of these charges over the past 6 years, he would be as keen. .

 

Will keep you all posted.

[warrentuff]

PANIC,PANIC,PANIC:confused:

 

Phoned courts today as it was the deadline for the AQ - was told that as Barclays had already sent in their AQ the Judge saw it last week. The woman I spoke with read through the file and told me that the Judge had asked for particualrs of claim to be sent within 21 day?????? At this point I felt really sick and wanted to pass out at my desk, she stated that she could not tell me anthing else. Ended Call - thought about it a bit more rang back.

Spoke with a lovely person called Lisa who confirmed that the judge has ordered particulars of claim, but stated that she thought the judge was incorrect and had ticked the wrong box, as the particular of claim had already been attached to the original claim form back in April, and that although she was not legally trained it would seem that the judge was wrong, she advised that she would walk the file back up to the judge to be looked at again??? Nothing and I mean nothing goes right for me. Has anyone else had this happen to them. Another sleepless night to endure. Or does anyone who is leagally minded know what the judge is aiming at or trying to acheive?????

Help a very desparate Warrentuff