Barclaycard

Dave_Richardson

:j :j :j :j

Barclaycard did their usual trick stating they were a bank & applied the OFT reason for getting a stay in Northampton Court. Northampton CC gave in & stayed the case

I applied for the stay to be lifted using the N??? form & ammended template letter & £35, got aletter today stating the case had been moved to my local court (Plymouth).

Now it's another waiting game will it get to court or will they cave in the day before court ?

has anyone attended court & tried to get self litigation costs /

Dave

monkeymonkey_3

Hi, can anyone give me any advice? Sorry, this is going to be long winded, but I don't know which parts you need to know.

I filed a mcol claim against barclaycard months ago, and after a couple of letters passing me from one court to another, I received a letter saying the following:

ORDER In the High Court of Justice, Queens Bench Division, in the Leeds District Registry. His Honour Judge Grenfell sitting at The Court House ...has considered the papers in the case and ordered that:
1) the claim is transferred to the Mercantile Court, Leeds District Registry.
2) the claim is reserved for all purposes to His Honour Judge Kaye QC
3)because this order has been made by the court without considering repreesentations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver to the court (together with any appropriate fee) to arrive within 7 days of service of this order.

On another sheet was:

"TAKE NOTICE that the Case Management Conference will take place on 4th October 2007. At Leeds District Registry when you should attend.
Please note: This case may be release to another Judge, possibly at a different Court."

and there was also a 'case management sheet'

"this onformation must be filed with Mercantile Listing at least 7 days before the case management conference, and copies served on all other parties." Then followed a list of questions.


I know I've been stupid, but at first I put it aside thinking I din't quite know what I was meant to do. I later decided that I would really rather drop the case, but wasn't sure how to go about it. It's now less that 7 days until the case management hearing, and I haven't sent anything, or called anyone to withdraw my claim. I know I've been stupid and buried my head in the sand not knowing what to do.

What should I do now? Can I withdraw my claim? (I would prefer to do this, as I will soon be out of the country for 1.5 months, plus I'm feeling so stressed about all this) If I do drop my claim, will I be faced with Barclaycards court/solicitors costs?
And if I can't withdraw, what happens now I've missed the 7 day deadline?

Sorry that this post is so long, and sorry if I've posted in the wrong place, but I'm just so confused and really worried.

Thanks

Edinburghlass_2

Case Management is for the court to decide how, where and when your claim should go ahead, this is not a "full hearing" and you really should go along. It could be that the judge will just set a date for a full hearing and as you are going to be out of the country for a while you can tell them this and make sure the date suits you.

No-one can say for sure what will happen but as this is a credit card claim you can argue that your case shouldn't be stayed because of the OFT test case. As you don't appear to have received copies of anything that the bank may have submitted they presumably haven't applied to the court to have this stayed, varied or set aside, it could be they won't even turn up themselves in which case the judge won't look to kindly on this and this is why you must attend.

monkeymonkey_3

Thanks Edinburghlass. I understand that if I am not dropping the case,then I should go. Although, I haven't sent back the form, and it's now less than 7 days away, what can I do about this? And, I would still much rather drop my claim altogether, but I don't know if this is possible? Can I say I don't wish to proceed? I'm scared if I drop my claim I'll end up liable for barclaycards costs or something??

Edinburghlass_2

Okay, why do you want to drop the claim? Is it because you don't want to go to court as if you read the Success Stories of those you have been to court you'll find that its really not as bad as you might think.

This isn't a full hearing so you aren't expected to "fight your case" at this stage, it is more than likely that there will be several other cases will be dealt with at the same time with lots of people feeling exactly the same as you. If one side or another don't turn up the judge is likely to throw the case out and if its the bank that don't turn up then you win!

Take someone with you and take along your statements and list of charges and we'll all cross our fingers for you

monkeymonkey_3

Thanks.
There's a number of reasons why I wish to drop my claim, largely though it's because all this is coming at a really difficult time and it's all getting a bit too much for me to deal with. I feel overwhelmed!

Edinburghlass_2

I don't want for one minute to pressure you to do something you don't want to do but on the other hand I don't want you to regret not seeing this through. Do have a read through some of the previous posts from users who have recently gone to court.

How about a compromise and phone the bank and ask if they will settle a figure with you now as they would then avoid further costs of having to attend court?

Alternatively if you have more personal reasons for not attending court then give the Financial Ombudsman a ring and ask for advice.

roadrunner8

Can anyone help!!!!! Just got a "General form of judgment or order" come from my local courts, It says
"upon reading the Ex Parte application,"
IT IS ORDERED THAT

1, The claimants appplication to lift the stay be heard at ****** county court on *** oct at *****.

do i have to attend ? and if so what happens if barclaycard don't attend ? please someone put my mind at ease jill x

BANKBANDIT_2

monkeymonkey wrote: »

Thanks.
There's a number of reasons why I wish to drop my claim, largely though it's because all this is coming at a really difficult time and it's all getting a bit too much for me to deal with. I feel overwhelmed!

HI
IM IN THE SAME SITUATION AS YOU , IF YOU LIVE IN LONDON AREA MAYBE WE COULD FIGHT THEM TOGETHER. I SUFFER WITH DEPRESSION AND AM FINDING ALL THIS VERY STRESSFUL BUT ITS MY MONEY AS IT IS YOURS SO DONT LET THEM WIN ITS WHAT THEY WANT PM ME IF YOU WANT TO CHAT .

dwjohnno81

hi all

im just needing some advice please.

ill just update you first

i sent off to barclaycard asking for £1010.58 which includes intrest, they then credited my account with £317.52 of which £23.52 was intrest.
i sent another letter saying i accepted without predjudice and can i have the rest. i have just checked online and the have agained credited my account with £543.48 but wit no intrest!
the intrest i was claiming all together was £188.58. so even though i have got all my charges back they have shorted me £165.06 on the intrest

even though the money they have gave me back has cleared my card and is + 8.94 (which B/C owe) i really need to claim the rest of the intrest!!!

i know it sounds greedy but thru' no fault of my own i was made unemployed and owe out nearly 3000 to relatives so i need as much as i can!!!!!

should i just send another letter saying that im short on intrest and i intend to take to court?

my thinkings is they will agree cos its only £165 and wont want to go court for such a little amount but on the othe hand could they take away what they have given me?

would i be fighting a losing battle?

any ideas or suggestions will be thanked

cheers

david