Martin3030 v Barclays business **Good result**

[nevos]

yes, that was basically it Have had it in the past with DCA's they will say something like " We are asking for a 2 week adjournment in order to negotiate" they don't negotiate but, it makes them look reasonable. Hope you do!

[MARTIN3030]

I understand what Andrew is saying-Of course each side has time to speak-I have been in Court when the Defence have had their copy of Blackstones and reading it ....
It does depend on the Judge-in my case I remember the Barclays Barrister saying he was going to ask who the Judge was-he went to counter asking-I then saw him on his mobile phone as we went for coffee.It seems clear that he was taking or asking instructions-I think we should remember-these ppl spend their working life in front of Judges so know how the clock ticks-or the cogs.

CCA issues are probably something that many judges have not seen before them-and although the defence can explain things-the Judge will always come back to the LIP for a reaction.So its a case of having knowledge to dismiss their arguements.
I cant understand why the skeleton arguements were not read-only for the reason as suggested-that the Judge in the case didnt understand them and allowed the other side to manipulate the proceedings.

[JOSH_IOU]

The judge most likely agrees with you that they are unlawful.
And like me wish the banks would roll over and die but is afraid of losing his sallary or afraid of it going into someone elses account.

[freebird]

WTG Saints x

[askl]

Hi Martin 3030 et al,

Great result and interesting reading.
I'm in Lambeth court tomorrow defending against NatWest in a £25k overdraft fees and interest claim.

It's the second allocation and direction hearing. My main aim is to ensure that the matter goes to court without a further stay or delays.
NatWest have succeeded in delaying the case by 18 months already, and charged me about £16k interest during this time.

So my second aim is to have this interest calculated at the court rate - this will in itself return the case to the fast track.
The judge previously disallowed legal costs, suggesting he isn't totally convinced by the Claimant's arguments.

Any thoughts?

ASKL

[MARTIN3030]

Dont you mean Defendants arguements ?

[askl]

Hi. As unusual as it seems, I am the defendant in this case.

NatWest is taking me to court for £28k, £25k of which is excess overdraft charges. I offered to pay the balance back in 2004.

I was a guarantor for an internet company that was profitable but brought down by NatWest when it started bouncing business critical cheques even though the account was well within the guaranteed facility limits.

[tumble]

Hi Martin , I have pm d you a couple of times ( your box is full) and found this post . I remember you kindly offering to attend court with me a couple of years back when I had a hearing to challenge limitation act , however the bank paid out so it didnt go ahead. Its good to see your still as passionate. Im spending hours trawling site again for info !!!! Can you pm me when you get a chance.

Thanks
tumble

[MARTIN3030]

Sorry tumble my pc crashed at home so am very limited.I an writing this from public library.I will pm you as requested.

Ok update on my case;

The 14 day exchange and filing of skeleton arguements was up on 10th.September.I sent mine to both Barclays and Court by registered post and have proof of delivery in both instances.Barclays have again failed to comply and I have given them 2 extra days.This is the third time they have failed to comply with submissions by the date ordered.There for I have today applied for Judgement and a strike out of their defence for abuse of process.If they DO file in the meantime they will have to pay the costs of my N244 for the application.I am tired of them being allowed to systematically think they can do as they wish with no response.
To be honest I am looking forward to seeing their skeleton because since I have made it clear that I am going for Section 32 1 c under "Mistake" I fail to see how they can challenge it since its a valid arguement in this matter.
Will keep you posted.
The letter that confirmed the order from Court also gave a hearing date for 7th.January 2009 to consider the limitation.I know Barclays will be hoping and expecting that by that time a decision on historical charges will have been handed down.My feeling is that the Judge may have known Barclays would struggle to answer my skeleton-and its clear that they wasnt going to send theirs until they had seen mine-Of course I knew that-which was why I timed it to land on their desks on the last day.

[MARTIN3030]

still no sign of reply from Barcs
Have filed N244 for judgement and strike out.

[saintly_1]

Go get 'em Martin

[angel_1]

hiya martin

so the update is you have any further news or just won it? im subby as i would like to tackle halifax for further back than 6 years and am trying to understand the limitation info

i loved the bit in post 49 that you ensured your info landed on the last possible date,i must remember that very good

ciao for now have a fun weekend maz

[MARTIN3030]

Update;I supplied both Barclays and Court with my skeleton arguement,within 14 days of getting the order.
Order was for 14 day exchange.
Court hearing listed for 9.Jan 2009.
After I contacted Court to inform them that Barclays had not filed with me,Court then issued another hearing for 4th.December.
Barclays then wrote to Court objecting saying the 9th Jan should stand,and that I was mistaken in my belief that the 14 day exchange was due now-but only 14 days BEFORE hearing.
I wrote to say the 4th.Dec hearing should stand,and that Barclays were just trying to stall as they had all along.
Court has left the 4th.Dec hearing in place-and ALSO the Jan one.

My concerns are that the Judge agreed to hear limitation in the absence of a determination from the test case being handed down.
However since the last appearance the Test Case Judge has determined that the common law elements do not stand...and this is within POCS for business claims.
I am expecting Barclays to apply to strike out any limitation hearing now, based on their assumptions that there will be no case to answer to,given the decisions of the OFT test case.

[kashfat]

Hi guys, can anyone tell me is it worth pursuing business claims, i have asked the courts to uplift the stay based on hardship?? any advice would be great

[MARTIN3030]

Kashfat-have a read through the business bank forums !!