Bank admits claim - and then doesn't!

Fatbloke_3

I'm at the 'take my bank to court' stage of the process, and filed the papers with the County Court.

Anyway, last week I received an Acknowledgement of Service' from my bank (Barclays) via the Courts Service, admitting my claim and signed and dated by someone in Barclays legal department. Happy days, I thought. However, three days later, I recieve (again, through the Courts Service) notice that Barclays has now filed a defence and that they are prepared to go to Court!

I spoke to the Courts Service this morning, and while they seemed surprised at Barclays filing an admission and a defence, they said my only course of action is to continue with the case. I'm quite prepared to do this, but I wonder if anyone can tell me what leverage the signed, dated and stamped ("Barclays Legal and Compliance") admission on the Acknowledgement of Service would give me? Would it be worth sending a letter with a copy of the admission to Barclays first before forking out the extra £100 to go to Court?

I'm hoping someone out there can help me with this, as everyone else I've spoken to is, like me, very puzzled!

nickmack

Fatbloke wrote: »

Anyway, last week I received an Acknowledgement of Service' from my bank (Barclays) via the Courts Service, admitting my claim and signed and dated by someone in Barclays legal department. Happy days, I thought. However, three days later, I recieve (again, through the Courts Service) notice that Barclays has now filed a defence and that they are prepared to go to Court

I'm hoping someone out there can help me with this, as everyone else I've spoken to is, like me, very puzzled!

Sounds like they've just acknowledged the claim and then filed a defence. Standard practice for the banks. What do you think they've admitted to?

Fatbloke_3

The Acknowledgement of Service form has 4 options for the defendant to chose, which are:

"1. The defendant admits the claim
2. The defendant intends to defend all of this claim
3. The defendant intends to defend part of this claim
4. The defendant intends to contest jurisdiction"

The first option has been chosen, and it's been signed and dated by a representative of Barclays.

Am I being stupid and reading this wrong, or have they admitted the claim?

Twinkly

Fatbloke wrote: »

The Acknowledgement of Service form has 4 options for the defendant to chose, which are:

"1. The defendant admits the claim
2. The defendant intends to defend all of this claim
3. The defendant intends to defend part of this claim
4. The defendant intends to contest jurisdiction"

The first option has been chosen, and it's been signed and dated by a representative of Barclays.

Am I being stupid and reading this wrong, or have they admitted the claim?

I wonder if it was a slip of the pen. It certainly looks as though they have admitted the claim. This means that they should now be offering to pay and how.

More information on what this means and what may now happen here in the form of a PDF for download:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=211

I do think it was probably a mistake though and I wonder what the courts view will be on their contradicting actions.

beardface_2

I'm afraid the acknowledgement of service is a bit of a rubbish document. It is only an indication to the other side as to there intentions and is not legally binding. If they were really admitting the claim then they would have filed an admission (which is never going to happen).

Ack of Serv are FREQUENTLY filled in wrongly on all types of civil cases. They are normally filled in quickly to give themselves another 14 days to file their defence.

As far as the courts are concerned they will see A of S filed then defence filed. Any refernece to what was on the A of S never appears on the system. As I said that is only an indication for your benefit.

Fatbloke_3

Cheers for that - I did wonder, especially since the Courts Service have returned everything to me.

Oh well, here goes another £100!