Barclays Judgement by default

[prudent]

Hello, I'm quite new here, so not so sure how this works. But please i was wondering if a judgement by default by online moneyclaim against barclays on my 2413.00 claim, will be affected by the test case and the stays i've been hearing about?

Also, any idea what i do now, as it's been a week since the judgement was issue and i haven't heard anything from Barclays. How long does it normally take for them to pay up?

[Amy]

Re: Barclays Judgement by default

How did you obtain a default judgment? Was your claim not stayed, or was it lifted?

[Budgie]

Re: Barclays Judgement by default

If you filed your claim online via MCOL the I presume that you have obtained judgment by default ( clicked the button on MCOL ) because Barclays have filed to acknoweldge the claim or failed to file a defence?

Please could you provide us with a bit more detail.

Regards Budgie

[Xena]

Re: Barclays Judgement by default

I thought MCOL had stopped doing bank charges claims because of the OFT case ??

[Budgie]

Re: Barclays Judgement by default

Claims via MCOL would normally be stayed but only once the Bank have defended. However if they fail to defend then it would be possible for the Claimant to apply for judgment by default !!

[prudent]

Re: Barclays Judgement by default

I did file my claim online via MCOL on 30.06.08. Barclays acknowledged on 03.07.08. Thereby giving them 28days from issue to file a defence.

However Barclays failed to file a defence in the time frame allowed, which then allowed me to request for judgement on default. This was then accepted and issued on 05.08.08.

I'm not sure what the next step is from here? Is it worth calling Barclays and asking when they intend to pay up?
Or do i just wait? how many days do i give them to pay up.... i just feel like this has been too easy, as if there is a loop hole somewhere.
Can banks play any of their
dirty tricks after judgement by default has been issued?

[sam]

Re: Barclays Judgement by default

the courts normally give them 28 days to pay up. It is likely you will next hear from them for a set aside hearing. this means the bank have asked that the judgment be set aside. If they get a set aside then you are likly to have your claim stayed. You will most likely get a court date for a set aside hearing. Its worth contacting them.

[Budgie]

Re: Barclays Judgement by default

Hi Prudent,

Here you go : http://www.justice.gov.uk/civil/proc...pd_part07e.htm

See this section : REQUEST FOR JUDGMENT OR ISSUE OF WARRANT

Yes, it's quite likely that Barclays will apply to set aside judgment, which is quite normal.

All you can do is apply for the issue of the warrant of execution and see what happens.

Personally, I would not contact Barclays and would do everything through the Court as described in the procedure.

Although there are some other options, see the link in Amy's post which follows.

Rgds Budgie

[Amy]

Re: Barclays Judgement by default

I should have a read of this if I were you.

Legal Beagles

[prudent]

Re: Barclays Judgement by default

I think the recent clarification on hardship case exemption applies in my case. Is there any way to prevent a case been stayed on those grounds and how would i need to proceed please?

Thanks so much for your help

[Budgie]

Re: Barclays Judgement by default

The best way to attempt to get your claim settled on financial hardship grounds would be by direct contact with the Bank. There are numerous threads on LB now where people are trying this approach.

See http://www.legalbeagles.info/forums/...ad.php?t=10053

[nowregistered]

Re: Barclays Judgement by default

I have a claim against Barclays Bank in my local county court and two weeks ago I wrote to the court asking them to proceed with the Claim under the FSA 'Hardship Case Exemption Waiver'.

I received a very quick reply, an Order stating that the case be 'listed for directions' at the beginning of November.

I have no idea what 'listed for directions' means so I rang the County Court Bulk Helpline in Northampton who also had no idea what 'listed for directions' meant. They advised me to contact the local County Court concerned and ask for clarification.

I rang the local County Court who left me no wiser for contacting them. I have searched online and the only reference I can find to 'listed for directions' relates to child custody cases.

Can any knowledgable beagel enlighten me?

[Paule]

Re: Barclays Judgement by default

Hi now registered

I have set up a thread for you here

Nowregistered V Barclays - Hardship Claim - Legal Beagles

The we can help you there and keep it tidy for you

PKea