Barclays:Business/Personal Bank Charges (POCs)

[HattieTheFirst]

Above should read Post 18

[slick132]

Hi Hatie,

This is excellent news (I think) .

The only thing it DOESN'T say, however, is that the Stay is Lifted.

So before you approach Barclays, I suggest you wait until it reaches your local court and the Judge reviews AND continues your case.

Have the AQ and Draft Directions ready for when needed - Allocation Questionnaires - A guide to completion

You also need to be ready to put your court Bundle together. Use the zip file link in here - Basic Court Bundle

You need to get well acquainted with the court Bundle so, if you have to put it together for a hearing, you're not in a last minute panic. There's a lot to print out, put together in order, paginate, etc and it is many hours work.

Because yours is a business claim, you don't need to include the UTCCR section in your Bundle.

You have to prepare 3 copies of the Bundle if ordered to do so by the Court's Directions. Make sure you have spare ink cartridges and a spare pack of printer paper.

As long as your local court agrees to continue the case, you should be moving on well now.

[slick132]

Further to my last post, I've sought other opinions.

MCOL's Judge has agreed to take your letter as Application for Stay removal but it is then up to your local Judge to consider and rule.

If you get notice of a hearing for this (you may or may not be informed), you could attend and take copies of the doc'ts I've mentioned.

So great news that MCOL have released your case but further to go yet, I'm afraid.

[HattieTheFirst]

Hi

I think I will start putting some documentation together, just in case it is required.

Let's hope the local judge is in the festive spirit of things!
I guess I will have to wait and see.
Thanks Hattie

[slick132]

Hattie,

Very wise. Even if it's not needed now, it may be needed soon, so your time will not be wasted.

Use the links I've posted above and come back with any Q's.

[HattieTheSecond]

Hi

I have just had a letter from my local court saying the case has been stayed. Barclays have contacted me by letter offering me GBP 200.00 (which is a fraction of what is being claimed) of which I will refuse.

Hattie

[slick132]

Hi Hattie,

How come your name's changed ?

I suggest you write to your local court now, reiterating the points set out in post #18 of the last page of your thread, and see if you can persuade your local judge that your business claim should NOT be Stayed.

Good luck - Happy and Prosperous New Year to you.

[HattieTheSecond]

Hi
Sorry for the confusion re name change. I had forgotten my password and I must have made a slip up with my username when I set a new one up!

I will send the same letter details re post #18 to the local judge and wait and see what happens.
Thank you. Happy New Year
Hattie

[slick132]

Hi Hattie,

Saw this post and wondered how you're doing with getting your case moving - FOS Resumes Business Claims

Give us an update.

[HattieTheSecond]

Hi

I sent all the replys that you suggested and it did look promising about Christmas time. However, a got a letter from the Court probably 3/4 days ago confirming that the case has been Stayed. I also got a letter from Barclays offering me a miserly £200 of which I am obviously not accepting.

Are there any dates planned in the near future when they will reviewing the situation re Stayed cases?

Thank you.
Hattie

[slick132]

Thanks Hattie,

I'm waiting to hear how Pov got on with her court (same situation), then we'll put our heads together and come up with a cunning plan !!

I'll be back !!

[HattieTheSecond]

Hi

Just to say that I got a further letter...............

"The District Judge has stated that the stay will not be lifted on the information before him".................

Catch

[slick132]

Thanks Hattie - I'm on the case.

[slick132]

Hi Hattie,

Change of tactics, as the courts don't seem to have the guts to play fair.

Send this to Barclays by Rec'd Del'y and see what happens.

Barclays Legal and Compliance
Litigation and Disputes
Level 29
One Churchill Place
London
E14 5HP Date

Dear Sir or Madam,

Claim No xxxxxxxx
Xxxxxx County Court

My claim against Barclays Bank PLC is for the repayment of unlawful penalty charges levied against my business account.

My case is currently Stayed by the Court and I am in the process of having the Stay lifted on the basis of the FSA Report (Two month review of unauthorised overdraft charges complaints handling waiver) published in November 2007.

I quote s.17 of the report :-

“17. The waiver does not include small business current accounts, because its scope is aligned with that of the OFT’s wider investigation which relates to personal current accounts. Firms have agreed to put arrangements in place to ensure that small business customers, including those who thought they were covered by the waiver, are not disadvantaged.“

It is clear from the FSA Report that my claim should not be affected by the blanket Stays applied by the Courts to personal current accounts.

The purpose of this letter is to request that you confirm to the Court your agreement to the lifting of the Stay so this case may proceed without further delay, in accordance with the undertaking given by Barclays Bank PLC to the FSA.

Please confirm within 14 days that you agree to my request. If your agreement is not forthcoming, representations will be made by me and other claimants to the FSA without further notice.

Yours faithfully,

…………………
Hattie

[slick132]

Hi Hattie,

I think you saw my above ltr later on in the morning I posted it.

If you've not already sent it to Barclays, please note I've removed the second sub-paragraph quoted from the OFT Review.

If it's gone already, no probs.