make_me_happy -v- Barclaycard

[make_me_happy]

I ahve been posting for my Hubby's x 2 Barclaycard, but have not posted for my claim against them.

 

I have requested statements, wrote the 2 letters and got nowhere, so have decided to file a claim through Moneyclaim Online on 10th July 2007. They had until yesterday to acknowledge, which they did not. What happens next. I never experienced that before!:?

 

I have tried to apply for Default judgement through the website, but something is wrong with it and it takes so long to load that it times out!!

[make_me_happy]

Managed to go online with MCOL, Barclaycard has not acknowledged my claim on time, so I have been able to request judgement by default. What happens next? Anyone knows?

[pjdavies2000]

The judge will see the judgement request, if BCard haven't filed before he / she sees it, they will generally pass judgement in your favour. A County Court Judgement (CCJ) will be issued against BCard, stating you are owed all monies claimed, and should be paid these within 14 days.

 

BCard will then write or phoen you, saying that they will pay, but you should ask to have the CCJ lifted and then money will be sent to you.

 

Obviously you don't do this, you wait til the money is with you, then you can, if you like, have the CCJ lifted, or advise the court that it has been settled.

 

Hope that helps

 

Peter

 

ps - in some cases the court will allow documents that turn up late (especially with the current postal strikes) to be accepted even though they are late! So don't count chiskens yet!

 

Peter

[make_me_happy]

Please help, somebody.... I have requested the judgement and they have issued yesterday. Now I have to file warrant and pay £55.00. Is it worth doing and paying for it? They say in the website if the warrant is not successful, I cannot get my £55.00 back. Waht shall I do now?????? Please????

[pjdavies2000]

If what you are saying is the Judge has granted judgement in your favour, then congrats!

 

Ring Barclaycard up (use the Lit team details in the main Barclays thread - it's a Sticky) and tell them that due to their failure to acknowledge your claim, the judge has filed in your favour - would they like to settle now, before you call in the baliffs!

 

If they start on about you needing to lift any CCJs, etc, say you will send a letter to the judge stating that the claim has been deemed settled ONLY when the money (have a copy of your Schedule of charges next to you) has been received and cleared (if you want it by cheque).

 

Then and only THEN will you enter into dialogue about informing the judge of the settlement. Don't forget the 8% as well!

 

Good luck

 

Peter

[make_me_happy]

Thanks for that Peter. I don't know if Judge has filed in my favour, but online it gives me the option to send the bailiffs, does that mean that he filed on my side? I will try and phone Barclaycard a bit later today. Would you be able to tell me which number to ring?

[pjdavies2000]

Yes, he has filed in your favour then - and if you wanted you could apply for the baliffs to go in, and you can recoup the cost back from BCard when they pay up.

 

Try to contact this person first:

emma.thompson3@barclays.com

She is the current admin person for the Lit Team, her number is:

020 711 63565

It will probably go straight to answer phone, if it does, just leave a short message saying that due to Barclaycards failure to acknowledge your claim (add number here), the judge at (add court here) has judged in my favour, and you should now settle this claim immeidiately. Failure to confirm payment has been agreed and arranged within the next 24 hours will mean Baliffs will be applied for to uphold the courts decision, and claim these charges and extra expenses from you. The current amount claimed is (add amount here). I can be contacted on (email and tel) and look forward to hearing from you soonest to resolve this outstanding claim.

 

Hope that helps!

 

Peter

 

ps - thanks for the click!

[make_me_happy]

Thanks Peter for all the advice, but I am still not clear what is the right thing to do! I am scared to apy this £55.00 and then Barclaycard asks to put judgement aside and then what??? I would very much appreciate if someone who has been through all this would give some guidance PLEASE!!!!!! Many thanks

[make_me_happy]

Anyone??

[make_me_happy]

I think i will issue warrant today and pay the £55.00 and see what will happen. Good luck!

[pjdavies2000]

It's been long enough I think MMHappy. They would have received the judgement by now, and if they have not responded, it is not your fault. I would HOWEVER, send them an email saying that unless payment terms have been received from them by the end of today that you will be seeking the payment to be reclaimed by a court appointed baliff, and as such further charges will be incurred by yourselves.

 

Use the email address above.

 

I only say this as the court may not look as kindly if you have not tried to contact them to settle, before asking the court to do more for you.

 

That's just my opinion!

 

Peter

[make_me_happy]

Thanks Peter. I have e-mail Emma and she has forwarded my e-mail to a guy called Dino who deals with default jugdements and he said they will be apying the money into my account tomorrow...!!!! Isn't this great? Thanks for your help>.......

[make_me_happy]

I think I won this one. Received e-mail this morning from Dino @ Barclays saying that he has sent the money to my Barclaycard account. Let's hope!!!

[pjdavies2000]

See - all those nerves, and for no reason!

 

Well done, and glad I could be of help.

 

they will probably write to you asking you to have the County Court Judgement lifted. I think you have to, or at least state that you will write to the court stating that your claim was settled satisfactorily!

 

well done again. and enjoy the cash (you seem to have been one of the last lucky ones!)

 

Peter

 

ps - if the money isn't in your account TODAY ring Dino, and tell him you still can ask for baliffs to go in!

 

Peter