I went to court today!

justlaugh2

Glpark01 wrote: »

we filed our court papers about 9days ago, we got a letter saying barclaycard were putting up a defence and have 28days from the date they recieved the claim so what do we do now? what is this questionaire ppl are filling in?

from what i have seen in here alot of courts are not bothering with the allocation questionaire anymore, so dont worry if you dont get one.

now you have to wait to receive a copy of the banks defence ( they have 28 days from the date that the claim was deemed served) then you should hear from the court with a court date, dont worry though as all the banks seem to settle before then.

funkylala

Firstly I hope I'm not standing on anyone's toes asking this but I find this site ever so complicated to navigate round to get an exact answer to your exact question...
Apart from the fact that Lloyds/TSB have won a case today I'm claiming £12K from Nat West and have got to the Acknowledgment of Service stage with Nat West's solicitors...they have sent me an offer of £6K today which I want to refuse as they really put us into hardship with their charges and we've been suffering via a pants credit file since 1998 now....I don't have to do anything apart from refuse the offer do I?? I've sent a copy to their solicitors too...

saraharrow

Hi,
When I recieved my settlement letter from Abbey, I emailed them and said 'I cannot accept half the charges back as you didnt offer to take only half the fee when I incurred them. If you tell me exactly how much it actually costs the bank when the infringement occurs, I will quite happily pay that as the law says you can charge a fee, but not a penalty.'

They then sent an email back saying that they will pay my claim in full, but are not admitting any liabilty.

So, if you have an email address for them, it may be worth sending an email saying sorry, but no.

Good Luck

Sarah

funkylala

Thank you! I never considered e-mail! That would speed it up a bit as they refuse faxes...

DChallenger

After today hearing that Lloyds TSB had won a case i was quick to check the progress of my claim, i followed the process set out exactly and my bank filed a defence on the 26th April, as this was 17 days ago i contacted my local court to find out when the case will go before them, the date they have given me is the 17th August:mad: is there anyway i can get this pushed forward as i am keen to get this finalised before OFGEM rule on it.

tezl

sunshinegirl.., what about the old mans slippers.

MimiJane

DChallenger wrote: »

After today hearing that Lloyds TSB had won a case i was quick to check the progress of my claim, i followed the process set out exactly and my bank filed a defence on the 26th April, as this was 17 days ago i contacted my local court to find out when the case will go before them, the date they have given me is the 17th August:mad: is there anyway i can get this pushed forward as i am keen to get this finalised before OFGEM rule on it.

You can ask the judge to issue a "Draft Order for Directions", where the bank would be asked to declare how they arrive at their charges and you in turn would have to produce a court bundle to be issued to the court and the bank's solicitors ... all within 14 days.

See this link on the CAG site :-

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

ripski

funkylala wrote: »

Firstly I hope I'm not standing on anyone's toes asking this but I find this site ever so complicated to navigate round to get an exact answer to your exact question...
Apart from the fact that Lloyds/TSB have won a case today I'm claiming £12K from Nat West and have got to the Acknowledgment of Service stage with Nat West's solicitors...they have sent me an offer of £6K today which I want to refuse as they really put us into hardship with their charges and we've been suffering via a pants credit file since 1998 now....I don't have to do anything apart from refuse the offer do I?? I've sent a copy to their solicitors too...

I am in a similar postion and Nat West have acknowledged the claim Mine is for £ 8000 approx They have until 25 th May to file their defence However I have experienced to date silence and non response., and no offer of a settlement .Iam a bit jittery due tothe lloyds win and need support

I find the site a little difficult to get around when I need to find a "thread" or when 'posts ' a message to another thread . However I do find this the easiest site and cannot get into the Consumer action chat forums

doo7375

showmethemoney! wrote: »

Hello All

I went to court today against Barclays. I have followed each of the steps through as guided by the site, I was offered £300 initially but rejected it as my claim was for £800. I was always hoping that a better offer would come through but nothing arrived in the post on Saturday so off I went to court today. I felt confident as I am not the defendant, nothing was going to happen to me and the worse thing that the bank can do to me is close my account and as suggested I have opened another one ready.

So I arrived for my 10.30am hearing on my own and was surprised to read that for court 6 that I was due to go into that there were 10 other claimants ready to do exactly the same thing, 3 had brought a legal person, maybe there cases were larger I do not know but 3 of us went for it alone, 4 did not show, maybe the occasion was too much for them. The cases were against Barclays as well as others, no banks turned up to any, we all went into the court and each had our turn.

The facts were there, heres my bank statements, this what they have taken, I agree that I have not looked after my account, that I do not disagree with, but I used Martins words and said that the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount and I was awarded my £800 there abouts as I had paid £80 in fees to the court. They were pleasing words to my ears when he said I find the judgement in your favour, the verdict will come in writing, I will write to my bank giving them 7 days to pay and if they do not I will instruct bailiffs to get the money back for me. The judge said I would probably have to get the bailiffs in.

The judge seemed fair and obviously been through this many times previously, so do not worry, go for it, I went to work for 8.30am left at 9.45am saying I had a appointment and would be back asap, my court hearing was for 10.30am and I was finished by 11am and that was with 2 people being seen before me, I left and was back at work for 11.30am with no one any the wiser of my adventures.

You really have nothing to lose. This sight has been marvelous as whenever I felt in doubt I would return and read some useful fact and see that someone has already been there and done it.

This is so helpful - can't tell you the amount of t.v court images that were playing in my mind! Judges with wigs and everything to be precise!
Thanks for setting my mind at ease showmethemoney!