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They are defending my claim

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Comments

  • KT-K
    KT-K Posts: 20 Forumite
    Hi there

    Just after more advice! Sorry if this sounds silly, but yesterday Barclays filed their defence via MCOL, so now this will be referred to my local court.
    However, I did call their litigation department to see if they would settle prior to going court, but was told that until I had recd court hearing date, then I would need to wait.
    Please can someone advise at what stage I will receive hearing date. Will this be after I have had to complete AQ (if this is still needed) and sent off £100 fee. Also what will I need to do next?
    Thanks again...
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    KT-K wrote: »
    Hi there

    Just after more advice! Sorry if this sounds silly, but yesterday Barclays filed their defence via MCOL, so now this will be referred to my local court.
    However, I did call their litigation department to see if they would settle prior to going court, but was told that until I had recd court hearing date, then I would need to wait.
    Please can someone advise at what stage I will receive hearing date. Will this be after I have had to complete AQ (if this is still needed) and sent off £100 fee. Also what will I need to do next?
    Thanks again...

    A lot of courts aren't using the Allocation Questionnaire any more, as they now know what these cases usually involve, how long the hearings usually take and that the bank’s solicitors usually don't turn up.

    The next step is to start preparing your court bundle. This will be basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you will need some other more legal documents.

    Please read the Court Bundle Checklist thread.

    The bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how little it does cost them to administer a late payment, overdraft, etc. However, this doesn’t mean that you “win” automatically. You still have to prove to the judge that you are due your charges back.

    Please read the Reclaim Bank Charges Help thread.
    The acquisition of wealth is no longer the driving force in my life. :)
  • KT-K
    KT-K Posts: 20 Forumite
    Hi
    Thanks again for your help on this..
    I was basically told this morning that once I have recd hearing date, then they will arrange a settlement, but I was just hoping that court date would be recd prior to having to send off another £100 court fee!
  • LozBingley
    LozBingley Posts: 580 Forumite
    KT-K wrote: »
    Hi
    Thanks again for your help on this..
    I was basically told this morning that once I have recd hearing date, then they will arrange a settlement, but I was just hoping that court date would be recd prior to having to send off another £100 court fee!

    There is no fee if your total claim is under £1,500. You may also be exempt if you receive benifits or you are on low earnings ;)
    Got It & Spent It :dance:
    IKEA CARD = £120 charges = £175 received (146%)
    MARBLES = £450 charges = £370 received (82%)
    I.F. = £494 charges = £494 received (100%)
    CAPITAL ONE = £981 charges = £1,489.03 (152%)
    BARCLAYCARD = £580 charges = £786.12 (136%)
    On Hold :mad:
    A+L = £722 charges (target = 147%)
    BARCLAYS = £1,405 charges (target = 128%)
    BARCLAYS = £175 charges (target = 140%)
    ABBEY = £3,220 charges (target = 148%)
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    KT-K wrote: »
    Hi
    Thanks again for your help on this..
    I was basically told this morning that once I have recd hearing date, then they will arrange a settlement, but I was just hoping that court date would be recd prior to having to send off another £100 court fee!

    Unfortunately, the allocation of the claim from Northampton to your local county court does have to come before the local county court can book the next available hearing.
    The acquisition of wealth is no longer the driving force in my life. :)
  • KT-K
    KT-K Posts: 20 Forumite
    Hi
    Thanks all for you replies.
    I will await further correspondence from the courts and obvisouly check out all the help threads regarding my next step etc. Also claim is for £4263 (including interest and £120 fee), so unfortunately, I will have to pay the extra £100
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    KT-K wrote: »
    Hi
    Thanks all for you replies.
    I will await further correspondence from the courts and obvisouly check out all the help threads regarding my next step etc. Also claim is for £4263 (including interest and £120 fee), so unfortunately, I will have to pay the extra £100

    You will get it back when (NB. when, not if) you win.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    It's a pity that you don't have this answer from a Barclays in letter form. Then you could forward it straight to the court and tell them that they hold the court in contempt by intending to settle but wasting the court's time until they provide a court date.
    You could still phone the court and tell them though...
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • KT-K
    KT-K Posts: 20 Forumite
    Hi
    Thanks, I may just call them, I cant see it will do any harm! Thanks also for the reassurance that I will get all court fees back from Barclays.
  • i have just received a letter from my bank saying that they intend to defend the claim, and asking for a list of charges and account number (which i already sent ages ago). has anyone else got to this stage and can they tell me wot happens next, iv read on the threads about a court bundle wot is this? gettin a little worried now
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