Defence Struck Out - Next Steps ? **WON**

[Torte_Meister]

Hi All
I've been fighting Barclays (for £2k including interest) for more than 6 months now. It had got to the stage where a court date had been set, and I had submitted my paperwork. The court date is next week and today I've received a letter from the courts which states that.

"It is ordered that:
1. The defendent having failed to file documents as set out in the previous order of this court or at all, the Defence is struck out in accordance with the provisions of that Order, and accordingly the Claimant may enter judgememt in default.
2. The hearing listed for 23rd October 2007 is cancelled.
3. This Order has been made by the court of its own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application."

I don't want to sound thick, but (i) Does this mean I've won (ii) can Barclays still get a stay? (the court letter has the date 9th Oct at the top, but 26th September as the date under the order.)
(iii) If I have won, what about the money. No mention has been made of this. And costs. I presume I'd be able to reclaim them, if I have won.
Should I be celebrating, or waiting.

Any help would be appreciated.

Thanks.

[saintly_1]

Yrs it means you have won .........

CONGRATULATIONS


No Barclays can not still get a stay

What you need to do now is enter judgment have a look at this thread from where ive linked it .... it will give you an idea of what to do http://www.consumeractiongroup.co.uk...ml#post1035597

[slick132]

Hi TM,

Yes, you've won - Congratulations!

However, bank has several options:-

1. To accept judgement and pay you

2. To object to judgement in the time allowed and apply for stay.

3. To object to judgement and apply to have it set aside (cos they don't want the CCJ against their name).

My advice is to wait a week or two to see if they apply for 2. or 3. above, or they may miss it completely in which case judge will NOT allow them to re-open case.

You'll get paid, just a question of how quickly.

DO NOT contact bank for any reason at this stage - let sleepy dogs lie.

Slick

[Torte_Meister]

Thanks Saintly 1. I'll check out that link now. I'm a bit of a pessamist, so I'll hold off the celebrations for now . Thanks again.

[saintly_1]

Just out of interest which court was this please ?

[Torte_Meister]

Hi Slick. Errm..? So that means I haven't quite won yet? Barclays wrote to me several months ago saying they would apply for a stay. I presume I'd have to wait for the main court case if they got their stay accepted.

Hi Saintly 1. It was Leicester county court - Judge Atkinson

[saintly_1]

The letter you got from the bank was a generic letter sent to everyone with a claim however what slick has told you is correct in that he has listed all the options open to the bank

[tonycee]

Hi Torte Meister.

As pleased as i am for you, i will hold off on the congrats for now.
Im sure if you are patient and dont contact Bs yet, we can get you through this.
Since the Oft announcement, the banks have not been keen to pay out,
and certainly not prepared to negotiate with you.
However our experience here suggests we keep quiet for a week or two, and let the court system work in your favour.

I think by looking at the dates, you are now in a position to apply for judgement.
This dosent happen automatically, you have to ask for it via the court.
I think this is your next step, but if our advice is anything to go by

SSSSSSHHHHHH. Dont tell Bs..

In the meantime, allthough i think you will be Ok, have a read of the options below.
http://www.consumeractiongroup.co.uk....html?garpg=13
These are not meant to frighten you, but simply make you aware of what can happen.
Good Luck

[Michael Browne]

In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an N227 Request for Judgment by default

N227 is for an unspecified amount (to be decided by the court)

N225 is for a specified amount

[tonycee]

Thanks Michael.

The info was taken from the link above.

Perhaps a mod could up date the thread.

[Torte_Meister]

Cheers everyone. I'll leave it another week and then request the default judgement. I'll keep the thread updated with the progress. Thanks.

[tonycee]

Originally Posted by Torte_Meister

Cheers everyone. I'll leave it another week and then request the default judgement. I'll keep the thread updated with the progress. Thanks.

Any reason for waiting another week.?
Go get em now.
Just dont tell em what your doing.

[Torte_Meister]

Update:
Sent off my Judgement in default form a couple of weeks ago, but I've now received a copy of an application (N244) by Barclays to have the judges decision overturned on the basis that the test case will cover all aspects of my claim. This application appears to have been dated 2nd November, which is after the deadline that the judge had previously set.

Has anyone else out there been down this route. And more importantly, did they win?

[slick132]

Ho Torte,

This is why we were wary of flying the flags for you too early. Barclays just can't take defeat with dignity.

I'd suggest you write to Court Manager saying you've rec'd copy of Banks Appl'n to have decision set aside. State that, as Bank is clearly outside of the court's 7 day limit (?9th Oct + 7 days) for applying to have the Judgement set aside, varied or stayed, you trust that the Judgement will remain unaltered.

[Torte_Meister]

Disaster! The same judge who ruled in my favour over a month ago, has now decided to overturn his own decision and accept Barclays late (way past deadline) application for a stay. I feel like I've been robbed.

[slick132]

Hi TM,

Really sorry to hear of this but not surprised.

I suspect if you queried this or complained to judge, he'll tell you he is protecting you against costs you could face if bank appealed and won.

There's very litttle, to MY Knowledge, you can do now - even with the lateness of the stay application.

So nearly there, then robbed of victory. You'll have to wait now until the OFT case is resolved - THEN you get your justice and your money + the 8%.

[Torte_Meister]

Another Development. Despite the recent (and in my opinion unjust) stay, I have just received a copy of form N30 which has just been sent to Barclays. The form says that as Barclays failed to reply in time, it is ordered that they must pay me £2,000 forthwith.
I guess this has been sent from a seperate department to the one that has issued the stay, and Barclays will just refer the courts to the stay.

[slick132]

Hi Torte,

Blimey - this is some roller-coaster you're riding.

I take it the £2K you refer to is approx and the sum referred to on N30 is for your precise settlement figure.

Please confirm the exact wording or scan the form onto here hiding any personal info.