My Barclaycard Claim Has Been Stayed By Court

[emma81]

I filed my claim with MCOL against Barclaycard alomost 4 months ago now, i got sent a letter from the courts which was Barclaycards defense saying my claim was to vague and i need to send in more details a AQ would be sent to me to fill out, i never recieved an AQ and was sent from the courts (Cardiff Court) a court date as the 14/08/07 i know quite a few people have had this date as they are doing there cases now in bulk to get them out the way, having won already with Nationwide last year i got a court date it was to be heard but they settled before this date, i was sent a link by someone else with reference to Cardiff court dates etc nearly everyone on there has had the questionnaire and they have filed it out as a prelim, im just a little worried as i've not had one, i have never been asked to back up my claim, could it be that the court decided i have provided sufficient info and there is no need for this? I have cintacted the courts about this but they dont seem to be worried about it do you think is because they know they will pay up before? Please advise.....????

[princess roxy]

some courts arent bothering to send out AQs, and i think you are right ,they are expecting the bank to pay up before the date. try giving tBarclaycard a ring and see if they are willing to settle,this is a ploy of Barclays,once a court date is set they pay up.good luck,and let us know how you go on.

[tonycee]

Barclaycards defense saying my claim was to vague and i need to send in more details a AQ would be sent to me to fill out, i never recieved an AQ and was sent from the courts (Cardiff Court) a court date as the 14/08/07

 

If you were sent instructions to fill out an AQ then best you ask the courts for one. Dont give Bcard the reason to ask for your claim to be struck out..

[emma81]

Does anyone know how long Barclay Card take to pay up, i submitted my claim over 3 months ago i have got my court date set as the 14th August (due to the high amount they have been recieving) i was wondering what the likelyhood of them paying up before is?

[rockinrodders]

You could try sending a nudge letter every 10-14 days and enclose a copy of your charges schedule etc. This keeps it fresh in their minds!

 

This will look good on your part for trying to negotiate in the eyes of the court. BC won't want it to go that far anyway so will hopefully pay up soon

[emma81]

Thanks, what would i right in my nudge letter, i know the likely hood of them going to court is slim as Nationwide paid up 1 week before!

[emma81]

I filed my claim through the courts to claim back my charges from Barclaycard back in May this year, i recieved everything from the courts etc with my court date being the 14/08/07, in the post on Saturday 28/07 i got a letter from Barclaycard stating that the court date is fast approaching and did i want to accept a payment offer of £172.40 despite claiming £400.00 i was advised if i turnt the offer down that they would show this letter in court blah blah blah, i kindly sent an email back to Barclaycard saying see you in court....do you think they are running scared and will pay up?

[moneyhelp]

Yes

 

Stick to your guns

[pjdavies2000]

These people sooooo make me laugh!

 

Your claim, and they think they can bully you!

 

If I were you, I would add it to my court pack anyway, and SHOW it to the judge myself!

 

What a flagrant abuse of a lawyers position! Tut Tut!

 

Peter

[emma81]

I shall just makes me laugh, why do they think i would accept £172.40 when i've gone through all the trouble of claiming it through the courts etc, are they completely stupid, i think by sending out that letter they have just made themselves vaunerable as its now obvious to me they will chicken out!

 

Roll on the 14th August....!

[pjdavies2000]

Have you spoken to the Lit department - see if they want to settle for a proper amount!!!

 

With all their lawers now dealing with stays for Barclay cases, they may want to get the BCard ones dealt with over the phone - you might like to rmind them of that too!!!

 

Good luck!

 

Peter

 

(do you know who is dealing with your case / who signed the defence?)

[emma81]

I dont have the paper work to hand but im sure it does say somewhere who is dealing with this.

 

The letter i got was i think from the Litigation department asking me to sign and send back if i accepted there offer, if not then to let them know in writing by fax, email or letter that i declined it, i just said thanks for the letter but i will be declining there offer, if they would like to come back to me with the full amount claimed being a full and final settlement (including court fees) then i would notify the courts, i only sent this email on Sunday!

[pjdavies2000]

I would give them a prod! Use the lit details on the main Barclays page, and give them a quick ring, Dino is best, and find out who is dealing, and drop in that you know they are dealing with alot of stay claims, so this is a nice easy pay-up claim for a change! See what they say!!!

 

Peter

 

ps - best time to ring is between 5 and 6pm

[emma81]

Ok thanks for the advice i will give it a go cant do any harm!

[emma81]

Just had a quick look at the Lig section on the main Barclay site as you recommended and i can see the persons name who sent me the letter her name is Emma Thompson emma.thompson3@barclays.co.uk, so i will possibly speak with her!

[pjdavies2000]

defo

 

She is one of the better ones as well - think yourself lucky you didn't get the banker that is Paul Quinn!

 

Peter

 

ps- give her a ring and see what she is up to, I predict a payout rather soon for you!

[emma81]

My court date for my Barclaycard claim is Tuesday the 14th August, yesterday i sent an email to the Litigation Dept as i was previously advised to contact them before the date, i spoke with Emma which i have previously recieved letters/offers from, in speaking with her yesterday she said that they had previously offered me £172 as i have already been credited with £132 in which i told her i hadn't, i had the card registered to an old address and moved without telling them as i no longer used the card, a year after moving they found me and asked me to repay the £500 outstanding on the card by this time it had been passed to a DCA, i settled with them in June 07 the full amount, in speaking with Emma yesterday she didnt know the account was closed and i'd settled the full amount according to there system i still had an outstanding balance of £261 which i havent as its been paid in full, Barclaycard tell me that they did pay £132 off the card which the DCA didnt tell me as if they did i wouldn't have had to pay the £500 it would have been less! Now im wondering if when my claim goes through on Tuesday that they are gonna pay £392 im claiming off the card and give me the rest as they are saying the account is still open when its been closed!

 

Any advice would be good!

[emma81]

Today i recieved a letter from Cardiff County Court, my Barclaycard claim that was due to be heard in court this Tuesday 14th August has been STAYED, is there anyone else that has had there Barclaycard claim stayed i was under the impression it was just bank account claims.....has anyone done a template letter to apply to the courts to have the stayed lifted???

 

What do i do next?

[lesleyjane]

Hi there - the very same thing has happened to me - if you contact pjdavies2000 he has compiled a template letter that you can tweak to fit your own circumstances.

Good luck!