"Final warning: legal action" - Barclays

[SA Gold]

Re: "Final warning: legal action" - Barclays



Sorry for the delay in replying, it's been a busy week!

Thanks for all the input on this.

I actually have a letter from "Barclays" addressed to my new property welcoming me to/advising me of my savings account which used to be ING.
Now of course, with the knowledge gained from AAD, i emptied this before they purchased them - although should they try and get a CCJ (which going by my own findings and the other members comments on Barclays - they may be one of the biggest banks, but they seem the most incompetent, so hopefully nothing will happen); i wonder if this letter would carry any substance

Cheers
Missy

[Diasflac]

Re: "Final warning: legal action" - Barclays

I had a feeling it would be down to the claimant. You're not under any obligation to disclose your address to anyone (except the DVLA) even if you owe them money; seemed strange it would be down to you to update your address with them so they could get a CCJ.

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

You have to weigh the pros and cons, if you don't notify them they may not bother you again or they could just send court papers and obtain a CCJ by default when you fail to respond. To have a CCJ set aside on the basis of not having received the court papers, you will need to prove you have provided your new address. Catch 22 really.

Well actually compliance with Pre Action protocol is down to the claimant and the first thing is for them to ensure that the claim is issued to the correct person at the correct address - they also must have evidence of any address checks performed.

hence there is sometimes good argument to have a default-judgment set-aside

Once they have a CCJ there are a number of ways they can be enforced:

• Obtaining a charge on your property if you own one
• An attachment of earnings where your employer automatically deducts a certain amount every month to pay your CCJ
• A Warrant of Execution where they send bailiffs to levy on goods

These are the most common ways to enforce a judgment, they can also apply to make you bankrupt if they think it may be worth it.

However that doesn't happen - they can only enforce it if you are a homeowner. With civil debts such as these an AoE and/or Bailiffs is as likely as you winning Euromillions - it just aint gonna happen.

There are several users here with no property that have a CCJ and nothing has happened. Yes, they can apply for options 2 & 3 in your list but the odds of getting a judge to grant it, well that's a different story altogether.

Don't worry if you have a CCJ and no home, they cannot enforce it and won't attempt to either.

Stop scaring the users

[GetSmart]

Re: "Final warning: legal action" - Barclays

If they don't bother to do a trace or pass to a DCA to do the trace, how will they enforce the CCJ? .

Once they have a CCJ there are a number of ways they can be enforced:

• Obtaining a charge on your property if you own one
• An attachment of earnings where your employer automatically deducts a certain amount every month to pay your CCJ
• A Warrant of Execution where they send bailiffs to levy on goods

These are the most common ways to enforce a judgment, they can also apply to make you bankrupt if they think it may be worth it.

[GetSmart]

Re: "Final warning: legal action" - Barclays

Court papers are not sent recorded delivery. They will be sent to the last address they had. Creditors will bother tracing you to make payment demands but not to send court papers, it's much easier for them if they just obtain default judgment.

You can have a CCJ set aside if you didn't get the court papers but you'd need to show:

1. That you provided the creditor with your new address
2. That you have a good prospect of defending the claim

You will also have to pay a fee.
http://www.trustonline.org.uk/unders...de-a-judgment/

[Diasflac]

Re: "Final warning: legal action" - Barclays

If they don't bother to do a trace or pass to a DCA to do the trace, how will they enforce the CCJ? I did think court papers were sent recorded delivery, not sure how the County Court works, but the magistrates sent me papers recorded delivery. If you did not sign for them and they remain undelivered, this would be proof you'd not received the court papers?

The only place you're legally obligated to update your correct address to is the DVLA I thought?

I could be wrong but I've only ever had magistrates letters to which I resolved before the hearing anyway.

[GetSmart]

Re: "Final warning: legal action" - Barclays

Sorry to hi-jack the thread, but i haven't heard from Barclays for anything (Overdraft and Egg cards) since i moved. I've got re-direction set up, but as we know the maximum is 2 years. Would they track me via electoral role and write to me at new address or is it wise to notify them, alas wake-up the threat machine!

You have to weigh the pros and cons, if you don't notify them they may not bother you again or they could just send court papers and obtain a CCJ by default when you fail to respond. To have a CCJ set aside on the basis of not having received the court papers, you will need to prove you have provided your new address. Catch 22 really.

[SXGuy]

Re: "Final warning: legal action" - Barclays

They could find you on electrol roll. Whether they will is another matter.

[SA Gold]

Re: "Final warning: legal action" - Barclays

Sorry to hi-jack the thread, but i haven't heard from Barclays for anything (Overdraft and Egg cards) since i moved. I've got re-direction set up, but as we know the maximum is 2 years. Would they track me via electoral role and write to me at new address or is it wise to notify them, alas wake-up the threat machine!

[GetSmart]

Re: "Final warning: legal action" - Barclays

Did that on Friday, still no response. I think they're hoping that they can ignore the emails, still send the letters to the former address and sneak in a CCJ by stealth.

So in a worst case scenario that they do somehow manage to get a CCJ by ignoring my change of address notices and CCA request, will a judge definitely accept these emails as an argument for setting aside if it comes to that? Or should I send something by snail mail recorded delivery just to be on the safe side?

For the sake of a few quid, you should send something recorded delivery. To be able to set aside a judgment on the basis that you did not receive the court papers, you will need to prove that you provided your creditor with your new address. A letter sent recorded delivery will be much more solid than an email if it came to that.

[evilcartman]

Re: "Final warning: legal action" - Barclays

Yea send a one liner asking for a reply to your email dated xx/xx/xxxx

Did that on Friday, still no response. I think they're hoping that they can ignore the emails, still send the letters to the former address and sneak in a CCJ by stealth.

So in a worst case scenario that they do somehow manage to get a CCJ by ignoring my change of address notices and CCA request, will a judge definitely accept these emails as an argument for setting aside if it comes to that? Or should I send something by snail mail recorded delivery just to be on the safe side?

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

Still had no response to my emails on either issue.

How should I follow up the overdrafts notice? Should I just ask why they haven't replied to that email yet or should I just move straight to the next stage and state that the account is now in dispute?

Yea send a one liner asking for a reply to your email dated xx/xx/xxxx

[evilcartman]

Re: "Final warning: legal action" - Barclays

Still had no response to my emails on either issue.

How should I follow up the overdrafts notice? Should I just ask why they haven't replied to that email yet or should I just move straight to the next stage and state that the account is now in dispute?

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

You'll be fine. They're being ridiculous

Oh by the way - the following relates to premium but also all banking - note the break and the word "or" between them saying complete and post the form OR visit a branch with ID.

checkmate

---> How can I change my address?

Enjoy

[evilcartman]

Re: "Final warning: legal action" - Barclays

No reply so far from Barclays. I emailed them about both issues, contacting the guy who dealt with my last complaint and cc'ing it to the CEO.

I'll leave it a few more days before escalating though.