Martin3030 v Barclays business **Good result**

[MARTIN3030]

Round 1 was a long slog.......almost 8 months from start to finish.
Round 2 is a claim on the same account that covers periods 1999 to 2000 and racked up an amazing 2100 in charges.
Interest on that brings the total to around 3,500 so well worth doing....as the saying goes better in your pocket than theirs,as they certainly wont miss this against a background of vast profits.

Having considered the limitations issue earlier I did initially include these figures in an earlier claim but withdrew them before filing for court following Barclays saying they would contest pre 6 years.
However I am now of the firm belief that the 6 year limitation arguement here can be challenged,and am confident of a result.

My second claim began by issuing them with the Lba on settlement of the first.I included the schedule of charges.
These comprise of unpaids entries various amounts of 27.50 and monthly commission charges.
Since there was no breakdown given in the statements of these charges I had claimed them in the first claim succesfully.Barclays did object saying they were fees,but I argued that I had not agreed to these and could find no reference to me paying them in my original agreement.
I argued that Commision is normally seen as a reward for good results and that many of the charges taken by way of commision had created the account to become overdrawn thus incurring further charges.What sort of account management is this ?My business bank manager should have been more business minded.
Instead all he was interested in was trying to sell pensions insurance and protection schemes which were all aimed at earning him even more commision.

So progress to date;

Letter before action went unanswered (suprise suprise)
Court claim filed at local Court on22 March
deemed served 25th March
Barclays have until 10th April to respond which is first day back after Easter.
I dont doubt they will file a defence albeit a day or 2 late as they usually do.
Filing for judgement can be a waste of time since it can take a week to get the order issued (by which time Barclays may have filed)
Defendants can still file right up to judgement being issued.

This morning I got a letter from the local Branch saying sorry to hear about your complaint.....they cite limitations act and say they will be happy to discuss my complaint.
If we do not hear from you in 8 weeks we will consider the matter closed.
Talk about lack of communication............ .....
will keep the thread updated.

[MARTIN3030]

Last day for their defence tomorrow......10th.April.
Will be calling the court at 2pm.

[MARTIN3030]

Update;

Called the court on 10th and was told NO defence filed but they had up till 4 pm.
called the Court at 4.20pm and was told no they had not filed so I could file for judgement.
Was busy on the 11th so could not get down so instead I faxed the form over requesting judgement.

Called the Court office today (is that the time)...or yesterday Thursday to ask if they got my fax and they said yes.
They also said Barclays had also filed....
I said late again then I suppose I will have to withdraw my app.
She said no we will keep it on file in case they do not file a defence.They have until 22nd April for that.........which prob means 24th......
keep you posted.

[dar£n]

martin, quickie,
are your accounts still active with B's?

I am thinking about doing this but as already claimed on 'live' accounts bit concerned they might get funny and start playing dirty.

[MARTIN3030]

Brief update.
Allocation followed their defence.
Both parties ordered to exchange docs to be relied on in support of claim /defence of.
Court date fixed for 06th September (Today) at 2.00pm
Listed as part of block litigations with an allocated time of 15 minutes !!!!
Mwantime Barclays have sent the leaflet telling me they are to apply for a stay.

I have submitted a bundle into Court including the draft opposing any stay.
I have two things in my favour.

1. Barclays have failed to file furtherinfo with either me or the Court.

2. They have not put in any application for a stay.

3. My Court have so far recently allowed all cases to proceed unless there is very good reasons.

It is my assumption that Barclays WILL send a representitive whathappens will depend on the Judge.
I have had 3 different ones in previous cases.
Two were very clued up the other not so....................... ..

I also intend to take a list of cases Barclays have settled in the last couple of weeks since the Test case has been going on.
Will post later hopefully with good news!!

[MARTIN3030]

Originally Posted by dar£n

martin, quickie,
are your accounts still active with B's?

I am thinking about doing this but as already claimed on 'live' accounts bit concerned they might get funny and start playing dirty.

Closed account since 2001.
They are more cautious now about closing accounts following warnings from the FOS.
Ok we know it only costs them a couple of hundred quid if they are fined for closing a current account.
If they did this with a business account however and it could be shown that this was as a result of you claiming unlawful charges ....then I think the potential to claim a larger amount would not be out of the question.
Business interruption being the obvious grounds.

[MARTIN3030]

Not the result I was expecting.
Turned up and from the notice board I see all the big banks today was here yet the waiting room empty.
As I gave my name in at desk a young woman who I would say no more than 25 called me..........This was the Barclays representitive.
I will be asking for a stay today she said.
Well I know you will but I will be opposing it said me.
We went in and the Judge invited me to say a few words.
I said that I was opposing any application for a stay based on the points I had made in my bundle.
I made reference to Article 6 1 of the human rights act / The overiding objective and Barclays continual abuse of the court process.
The Judge listened intently reading through my bundle.
He then turned to the Barclays rep A miss Sandbach.
She had her law books out and had each point bookmarked with post it notes.
One by one she picked off the points in my witness statement.
A stay will save costs she said as they would likely appeal if it were not granted Its likely that the test case would conclude before any of my own litigation she said.
Reminding her that the banks would drag things out in the test case rulings by appealing she said.....well there will be appeals all round.
The claimant is not losing out materially or financially she said as interst on any refunds due would continue to accrue.
The Judge heard her out and then himself made a 15 minute statement.
Half way through this I knew that she had won.....for the moment.
The Judge said I had gathered an impressive coourt bundle and said there was much legal arguement there but he could not possibly proceed to trial in the 15 minutes allocated.
My court date was given months ago and back then 15 minutes was considered even too long since no banks turned up !!
He went on to ask her what the position was with the test case.
Its January or February she said.
The Judge then told me he would be allowing the stay but that he would allow me to apply for it to be lifted after the hearing he gave the date as March 31st.
Would you believe.....Miss Sanbach then said,I think Sir this should be open to both parties !!!

He told me under Article 61 that I could apply to have the stay lifted now but that I would need to show exceptional grounds and that a single DJ at the court here was looking at all apps for stay removal.
So I am going to submit an N244 and ask for it to be lifted.
Back to square 1 down but not out.

The Irony is that 2 months previous I was in the same room for my divorce.
Today I came away from there feeling worse than I did then !!!

[tonycee]

Good luck mate.
An inspiration to us all..

[saintly_1]

Sorry Martin Sends virtual hugs to make you feel better ((((( hugs)))

[MARTIN3030]

Update;

Following submission of a second witness statement in which I pointed out that Business claims do not fall within the action betwwen the OFT v Abbey and others,
I have recieved notification from the Court of my application and a hearing to have the stay lifted.This will take place in Liverpool in April.Meantime I had a call from Barclays to apologise after I told them I intended to file a copmplaint with the FOS and OFT because they clearly knew when they applied for the stay that they were acting outside their remit.
I have now recieved a letter which Barclays have signed and are requesting me to sign to send to the Court agreeing that the stay be lifted.I want to attend the hearing because I want to ask that it be listed as soon as possible for full hearing.

[slick132]

Martin, This is excellent news.

Clearly, the courts aren't willing to stick their necks out on this issue so approaching the bank is the next best option.

We have another case here (Hattie the Second) who's written to Barclays asking for them to agree to move the case on but no reply yet.

Watching with interest - I assume as soon as the bank agrees that the court case can proceed, they'll settle with you.

[MARTIN3030]

Update.

Following my application to have the stay lifted...my local court transferred the application to Liverpool family Courts.
I suspect that this is because they have designated certain Judges to hear applications for stay removals.
In the meantime I have had a consent order from Barclays agreeing to the lifting and asking me to sign it.The hearing is scheduled for Tuesday April 2nd.I have offered Barclays the chance to settle.
My claim is for £3500 including interest to date.
Barclays are insisting that I am not entitled to claim the commission charges.My arguement here is that they had a duty of care and commission should only be due where it has been earned.Most of the commission charges that were taken took my account overdrawn and accrued more charges after that...
Anyway I estimate that with additional interest and a wasted cost order the total figure would be around 4K.
I have offered to agree to a settlement which represents a saving to them of 25% but they are saying that they are going to challenge the limitation and also the comission fees (which were not itemised so I presume this is for the manager )....

[saintly_1]

So B's are consenting to the lifting of the stay ?
Wonder what they are cooking up ..