claim against barclays***WON POST OFT***

[syds mum]

hi tony have been to court today and took in copies of all documents sent (SOC) and covering letters, proof of posting and delivery... spoke to lady on phone before i went and she said that she would hunt down the said documents and if they have been filed in wrong file would send them to judge marked urgent and ask to reconsider strike out rejection!!! cant see how stirke out can be rejected when i have sent everything as asked, on time and i can prove it!!! the bank has not complied at all but are pushing for a stay now so its a race against time but i still had my stuff in first...

 

debbie xx

[tonycee]

[syds mum]

[saintly_1]

Which court was this !!!

[syds mum]

Derby Court!!! got judgement due to non compliance....will let you all know when get pennies or bailiffs are sent in!!!! 3 claims 2 for barclays 1 HSBC

 

debbie xxx

[saintly_1]

*\o/*CONGRATULATIONS*\o/*

[tonycee]

[brownie24]

Hi Syds mum

 

Could I get a copy of the letter you sent to get judgement? Need to send one off against Lloyds who have not complied with directions.

 

Cheers

 

Brownie24

[signa]

Barclays offered me full settlement today. Judge ordered lit team to court. They say it is not cost effective for them to attend. £1275

[tonycee]

Hi Syds mum

Could I get a copy of the letter you sent to get judgement? Need to send one off against Lloyds who have not complied with directions.Cheers

Brownie24

 

Brownie 24. I think shes still hungover from her win.

You can download form N225 from here..(Forms)

Do it ASAP.

Her Majesty's Courts Service - Home

[tonycee]

Barclays offered me full settlement today. Judge ordered it team to court. They say it is not cost effective for them to attend. £1275

 

Fantastic. Well done..

[noomill060]

What do you mean...

 

"Judge ordered it team to court." ?

[saintly_1]

The Judge ordered the member of the Lit team to court to explain why they had told signa that claim would be settled prior to court date

[syds mum]

hi brownie sorry re delay...heres a copy of letter i sent along with N225 form ... you can find this on the link above that tonycee has provided... i would also send copies of proof of posting of your letters to defendant and court, to show the judge you can prove you did indeed comply with the directions on time!!! i didnt and my judgement was rejected on this basis... but promptly sent proof in and it was reconsidered and i got my judgement... i also enclosed a copy of directions and updated SOC!!!

to recap..

1. letter below (put in your details)

2. N225 (filled in with your claim detials)

3. proof of posting (to show you complied)

4. copy of directions

5. updated shecdule of charges

Derby County Court

Combined Court Centre

Morledge

Derby

DE1 2XE

01/08/2007

Dear Sir/Madame

RE: ####### – V - BARCLAYS

ACCOUNT NUMBERS: ##########

CLAIM NUMBER: 7QZ76498

FILE DATE: 21/05/2007

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Douce dated 5th

July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served documents, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to comply with this order, the Defence will be struck out without further order and the Claimant shall be entitled to enter judgment.” The Claimant therefore requests judgement against the defendant due to none compliance, for the claimed amount comprising of £805.00 (initial claim) and £80.00 (court fee) and £204.96 (interest under s.69 County Courts Act 1984). I have taken the liberty of enclosing an updated schedule of charges.

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

##########

just yell if you need anything else!!!

debbie xx

[syds mum]

hi all just a quick update...

 

i have recieved 2 letters today one for my claim and one for hubbys... says the same in each letter...and has WITHOUT PREJUDICE on them...

 

 

 

*****

I am writing to you in connection with the default judgement which has recently come to the attention of the banks litigation team.

 

I belive that you had issued a claim via the derby county court and in the absence of a defence, sercured a default judgement on 31st August 2007 for £#####.

 

Notwithstanding the fact that we had not filed a defence within the prescribed time, we still entiled to make a application to court for the default judgement to be set aside. However, i am conscious of the time involved for all concerned, i.e for you to attend a court hearing and the cost of pursuing the matter. I, therefore, propose to offer to settle your calim in full. However, i would be obliged if you will agree to :-

 

1. The sum of £#### is paid by us in full and final settlement of your claim entiled 7QZ76498;

2. There be a voluntary stay of execution pending payment;

3. That upon receiving payment you write to the court stating that you have withdrawn your claim persuant to the settlement between the parties;

4. That you consent to the default judgement to be set aside;

 

The sum of £#### will be credited direc to your barclays account; if you no longer have an account with barclays then a cheque will be made instead.

 

I trust that you understand that we have reached this agreement to avoid the time involved in making an application to the court to have the judgement set aside. It, therefore, does not imply any acceptance of liability on the part of the bank.

 

I enclose a draft consent order setting aside the default judgement. Please sign and return this to me and i will arrange for it to be filed at court after your account has been credited or a cheque has been issued.

 

I look forward to hearing from you.

 

yours sincerely

 

I then have to sign this and send it back to them along with consent order which goes as follows!!!

BY CONSENT

 

IT IS ORDERED

 

1. The default judgement entered on 31st august 2007 be set aside forthwith;

 

2. There be no order as to costs.

 

i then have to sign this barclays solicitor has already signed it!!!

needless to say i am not going to do as they ask but send back a letter stating i will not remove judgement untill i have the cash in my hand... has anyone got a templete letter that i could look at??? i know roughly what i want to say but just need a guideing hand!!!

debbie xx

[slick132]

Syds Mum,

 

Thats fantastic and well done to you both. You're right to wait for the money before dropping your action.

 

Congratulations, Slick

[tezl]

brill,got a feeling i might get one of these,

do you know on their letter.

it is ordered 2,

there be no order as to costs.

is that refering to wasted ?

ta.tez

[tonycee]

Notwithstanding the fact that we had not filed a defence within the prescribed time, we still entiled to make a application to court for the default judgement to be set aside. However, i am conscious of the time involved for all concerned, i.e for you to attend a court hearing and the cost of pursuing the matter. I, therefore, propose to offer to settle your calim in full. However, i would be obliged if you will agree to :-

 

Will they EVER admit they are wrong ? I dont think so.

 

3. That upon receiving payment you write to the court stating that you have withdrawn your claim persuant to the settlement between the parties;

 

They are saying they will pay you first.

 

I trust that you understand that we have reached this agreement to avoid the time involved in making an application to the court to have the judgement set aside. It, therefore, does not imply any acceptance of liability on the part of the bank.

 

So why give in you cretins ?

 

I enclose a draft consent order setting aside the default judgement. Please sign and return this to me and i will arrange for it to be filed at court after your account has been credited or a cheque has been issued.

 

Please sign it Debbie. It MIGHT just make things a little easier for those in your position.

 

I then have to sign this and send it back to them along with consent order which goes as follows!!!

 

BY CONSENT

 

IT IS ORDERED

 

1. The default judgement entered on 31st august 2007 be set aside forthwith;

 

2. There be no order as to costs.

 

i then have to sign this barclays solicitor has already signed it!!!

 

needless to say i am not going to do as they ask but send back a letter stating i will not remove judgement untill i have the cash in my hand... has anyone got a templete letter that i could look at??? i know roughly what i want to say but just need a guideing hand!!!

 

Do you really need to rub salt in the wound ? it might just get their back up and say, Oh well, no more offers.

You can sign it AFTER you have been paid.

 

debbie xx

 

Now the best bit............................................................................

 

 

 

 

[tezl]

Now the best bit............................................................................

 

 

 

 

hi, the letters what you said would happen tony,re post 491 on my thread.well done.syds mum.

[noomill060]

There is no reason for you to sign the consent form allowing them to have their well deserved CCJ removed.

 

They earned it by their muppetry- let them keep it to add to their collection as a wee reminder not to mess CAGers around.

 

They would do the same to you.

[syds mum]

hi there tonycee i havent got a problem siging the consent or agree to the offer.. but they expect me to trust them with the form before i get my cash back.. i think not!! i agree with noomill060... its seems they want to play ball now but all the way along this rocky road of claiming bank charges have made it as difficult as poss for us mere mortals... i cant just roll over and do as i am told now!!! i will accept the offer but under my terms not theirs!!! i will sign the consent after my lovely lolly is in my hand!!!

how things with you tony?

 

and lovin the congrat's pic!!!

 

debbie xxx

[syds mum]

brill,got a feeling i might get one of these,

do you know on their letter.

it is ordered 2,

there be no order as to costs.

is that refering to wasted ?

ta.tez

 

hi tex i havnt asked for cost's as yet but think it is refering to wasted cost's... i will send a letter back stating i will not remove judgement till i have pennies in my hand... and might just put about £200 in costs to see how they like that... i didnt get my day in court so therefore didnt get the opportunity to ask judge for cost's.. to start a claim for cost's would mean another £35 and getting stuck in court process once again so will just drop it in letter see were it gets me!!!

 

did you get judgement as well then love?

 

post us if you do get same letter as me!!

 

debbie xx

[tonycee]

i cant just roll over and do as i am told now!!! i will accept the offer but under my terms not theirs!!! i will sign the consent after my lovely lolly is in my hand!!!

 

I agree 100%....Never suggested anything different...

 

Enjoy the money....

 

 

[syds mum]

thanks tony your pics get better!!!! hows things with you???

 

debbie xxx

[tezl]

hi tex i havnt asked for cost's as yet but think it is refering to wasted cost's... i will send a letter back stating i will not remove judgement till i have pennies in my hand... and might just put about £200 in costs to see how they like that... i didnt get my day in court so therefore didnt get the opportunity to ask judge for cost's.. to start a claim for cost's would mean another £35 and getting stuck in court process once again so will just drop it in letter see were it gets me!!!

 

did you get judgement as well then love?

 

post us if you do get same letter as me!!

 

debbie xx

god.havent been called that since primary school, xxxx years ago

,used to be kids program,two gun tex from texas, so named.

yes i did get judgement 28th aug,bankers found out i existed today when they phoned court,to be told hearing been vacated

.had the same 3 judgement letter sent so far.bit worrying when you see envelope from court,think theyve,changed mind.feeling bit like deren and his statements

.enjoy the moment

tez