lucy60 v barclays**WON**

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html this explains it

[lucy60]

I will be taking N244 into court next week to amend claim, I have been reading the notes on this and it says that the claimant is responsible for serving this notice. Does this mean when it is served, even though my original claim has been acknowledged, this time will start over again.

[lucy60]

have been to court today to amend claim using N244. have been told by court there will be a hearing for this before the judge and i will be notified of the date, i wasn t expecting this,

Will bank turn up for hearing?

What preparation should i be doing for this?

any advice greatly appreciated

[lucy60]

can anyone help, really worried about going infront of a judge, has anyone else been in this position.

[lucy60]

bump

[dar£n]

have been to court today to amend claim using N244. have been told by court there will be a hearing for this before the judge and i will be notified of the date, i wasn t expecting this,

Will bank turn up for hearing?

What preparation should i be doing for this?

any advice greatly appreciated

 

lucy..what exactly DID you think would happen?

You filed for court action, it does clearly state on here that you MUST be prepared to go to court if necessary.

 

Dont worry, it is very std, the judge will send out the detail and any directions required before the hearing.

As soon as you get your court date you can start planning when to contact the Lit team for negotiations.

In the meantime start preparing your court bundle.

 

DONT PANIC!!!!

[lucy60]

I know at some stage you have to prepare to go to court, but for an amendment i read up on this site to tick the box for no hearing, but court said would be a hearing and it cost a further £65 which as far as i am aware you cannot claim back. just getting a bit worried now that at this point could my claim be thrown out.

[lucy60]

its 1 week since i amended claim in court using N244 (amended particulars of claim and socs) heard nothing yet from court or barclays. Should i be doing anything? or do i just wait until someone contacts me.?

[lucy60]

received from court today "GENERAL FORM OF JUDGEMENT OR ORDER" before district judge Pescod upon reading the ex parte application it is ordered that, The claimant be at liberty to amend the claim form and particulars of claim in accordance with the draft filed.

Served on the defendant 28th June 2007.

 

Would their be any point in contacting litigation at this point. I know that Krysta is dealing with my claim.

[welshcakes]

Hmmm, personally I would get your amended Claim/POC into court and send a registered copy to Krysta with a covering letter letting her know you're open to settlement in order to keep B's costs to a minimum and workload free for cases that aren't as straight forward as yours.

 

Give her about 4 days to get it received and onto the system and then you can phone her to

1) confirm she has the new POC and ask if she'd like to settle

 

OR

 

2) if she reckons she hasn't got the amended POC, offer to email it to her and say you'll ring say 48 hours later to discuss settlement (she'll let you know if she's not prepared to entertain settlement this early on).

[lucy60]

Quick question,

Bank was served on 12th June

acknowledged on 12th June

Amended claim was served 28th June

 

From which date do I count the 28 days for bank to submit defence.

[Michael Browne]

Quick answer - I don't know, but I would imagine 26th July to defend

[lucy60]

Recieved letter from barclays today with offer of £540 (claiming just over £900) will be rejecting offer. Also received court date today 20th september, problem is i go on holiday 18th september and don t really want to change court date as this will delay things even more. Have rang court and they have said i could have someone else represent me in court if it goes that far. Have also said bank have put in their defence on 6th July and will be sending me a copy.

Any advice please.

Thanks.

[welshcakes]

Hi Lucy

 

Reading htrough other Defences posted on here, is B's Defence for your claim the same or is there anything in it that seems different?

 

What is the court date for, a Prelim, case Management etc and has the court given you any instructions eg filing any docs by certain date?

[lucy60]

Have not received defence yet, court have told me it has been filed and will sent me a copy out today.

Court papers say Notice of allocation to small claims track (hearing)

Instructions to file 14 days before hearing.

(a) copies of all documents which they wish to rely

 

(b) statements of all witnesses, including parties, upon whose evidence you wish to rely

 

The statements shall be typed, dated and signed by the witnesses and stating that he/she believes that the facts stated in the witness statement are true.

 

Also states the case has been listed in the back to back list ( known as tandem sitting) What does that mean?

[lucy60]

bump

[saintly_1]

(a) copies of all documents which they wish to rely

 

Court bundle

 

(b) statements of all witnesses, including parties, upon whose evidence you wish to rely

 

Statement of evidence see post #34 of this thread http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies this thread gives a 'walk through' of the court bundle in its entirity

[lucy60]

Hi, have not been on site for a few days, being ill, have received banks defence. Seems standard like others i have read here. Should i now send in another soc to bank and court. Also Rosemary Treves Brown is name on defence papers,has anyone else dealt with her, and what is she like for negotiating with before court date (20 sept).

[welshcakes]

Hi Lucy

 

You will include an updated SOC in your bundle which you have been Ordered by the court to submit - you make 3 exact copies of everything. One for you, one to court and one to bank FAO Litigation Team, Level 29.

 

As far as negotiating an out of court settlement, B's Lit Team are currently play catch up and discussing cases within next 3 weeks - 1 month max, so I wouldn't bother yet.

 

You could ring just to find out name and direct dial number of whoever has been allocated your case...though this could change closer to date.

[oneofakind]

Rosemary Treves Brown doesn't do settlements; she leaves that to the mere mortals like Dino, Sharon and Paul.

 

welshcakes' advice is spot on, as usual.

 

[poppeee]

Hi Lucy!

 

Sent off claim for £800 in February and have just been offered £600, which against good advice I am taking! Think it's not worth trouble of court case.

 

Barclays have been courteous but extremely slow. Also found mistakes in amount and dates when they have replied to me. Delaying tactics?

 

Having heard of other claimants being treated badly after pay out (not necessarily by Barclays) am waiting to see what comes next.

 

Good luck with your claim

[lucy60]

Hi poppeee,

 

If you are happy with the offer then you should take it, barclays are slow it feels like i have taken forever to get to this stage, but i am determined to see it through to the end.

My offer was only for just over half and i want it all back. After all it is our money .

Enjoy yours when you get it.

lucy.

[lucy60]

My court date is 20th september which is when i will be on holiday, was going to write to court to request i have someone represent me, also a few weeks ago did nt think it would go to court as barclays was settling before, but in view of everything that is happening with oft case and banks turning up to court dates I think I would rather be there in person. How do I go about asking court for another date, as I did nt fill in AQ so wasn t asked what dates I would be unavailable on. Can anyone advise thank you.

[lucy60]

bump