Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Barclays Refused Stay - We Won Today! 07/08/07

    PHEW. I was soooo nervous and anxious I've stripped a whole room of wallpaper whilst my other half took all the papers I've prepared for him (I've done the adminicon for his claim as I previoyusly won First direct and so will be shortly handing him my legal invoice haha)

    Just had case heard at city of london court. Barclaysicon emailed me this morning to say they wouyldn't settle (i offered to accept claim charges without 8% interesticon). That they would be attending and applying for a 'stay' (as predicted!!!).

    My partner went off this morning. There was a young woman there on behalf of Barclays. 3 other people were there to defend themselves in 3 other cases against Barclays.

    The woman had a chat with all of them (last minute intimidation) - we're applying for a stay, how do you feel about that blah blah.

    Then we all went into the same room. Woman asked for a stay as said no-one was here for bank charges ??? Judge asked if she'd actually read any of the claimant's info. He also asked her if she had any info pertaining to the 'forth coming case' she was basing her stay on. She didn't and couldn't provide an answer. He asked what everyone thought about the stay and said 'I think we'll proceed shall we?'. She then asked for an ajournment and was granted.

    She spoke to everyone individually - by the time they got to my other half she said 'I've spoken to the office, they'll settle in full - but your partner go tthe interest wrong' (I was 200 out big deal!!!). He had to sign some confidentiality letter. Oops hope I haven't broken their terms and conditionsicon.

    This is excellent news to those of you who are anticipating banks applying for a stay at imminent court cases - but must stress - the clerk said upon leaving - you had a good judge. REALLY DO THINK IT'S LUCK OF THE DRAW FOR NOW.

    yippee - just under 4K.
    2K previously received from first direct (upon producing 2nd letter)
    £890 outstanding from A&L who have just wrote to us saying they don't have to deal with it. 2nd letter going out today.

    Good luck everyone - I'm pleased ours is over - PS - if anyone wants the small claims book for cheap - I've only had it for a day and it cost me £17. Will except £10 - free postage via pay pal if anyone interested.

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  2. #2
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07



    Apologies to people who I was in the process of helping, I may be gone some time.

  3. #3
    kog kog is offline
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Well done - if more and more judges continue this route the waivericon could get lifted

    The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

  4. #4
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Quote Originally Posted by minsters View Post
    PHEW. I was soooo nervous and anxious I've stripped a whole room of wallpaper whilst my other half took all the papers I've prepared for him (I've done the adminicon for his claim as I previoyusly won First direct and so will be shortly handing him my legal invoice haha)

    Just had case heard at city of london court. Barclaysicon emailed me this morning to say they wouyldn't settle (i offered to accept claim charges without 8% interesticon). That they would be attending and applying for a 'stay' (as predicted!!!).

    My partner went off this morning. There was a young woman there on behalf of Barclays. 3 other people were there to defend themselves in 3 other cases against Barclays.

    The woman had a chat with all of them (last minute intimidation) - we're applying for a stay, how do you feel about that blah blah.

    Then we all went into the same room. Woman asked for a stay as said no-one was here for bank charges ??? Judge asked if she'd actually read any of the claimant's info. He also asked her if she had any info pertaining to the 'forth coming case' she was basing her stay on. She didn't and couldn't provide an answer. He asked what everyone thought about the stay and said 'I think we'll proceed shall we?'. She then asked for an ajournment and was granted.

    She spoke to everyone individually - by the time they got to my other half she said 'I've spoken to the office, they'll settle in full - but your partner go tthe interest wrong' (I was 200 out big deal!!!). He had to sign some confidentiality letter. Oops hope I haven't broken their terms and conditionsicon.

    This is excellent news to those of you who are anticipating banks applying for a stay at imminent court cases - but must stress - the clerk said upon leaving - you had a good judge. REALLY DO THINK IT'S LUCK OF THE DRAW FOR NOW.

    yippee - just under 4K.
    2K previously received from first direct (upon producing 2nd letter)
    £890 outstanding from A&L who have just wrote to us saying they don't have to deal with it. 2nd letter going out today.

    Good luck everyone - I'm pleased ours is over - PS - if anyone wants the small claims book for cheap - I've only had it for a day and it cost me £17. Will except £10 - free postage via pay pal if anyone interested.
    EXELLENT RESULT.....well done, i really mean that, thats one in the eye for Barclays....

    TOTALLY debt free as of 2007, Fantastic,

  5. #5
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    well done! mine got stayed andbarclys turned up im gutted - i was at BOw


  6. #6
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Well done and congrats!

    I have a case coming up shortly. Could I use the post as an argument against an application to stay?


  7. #7
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Congratulations Minsters, that is excellent news. Would you mind advising the name of the judge - was it District Judge Southcombe by any chance? My case is at Clerkenwell Court next week and am dreading getting one of the judges there who I know professionally. It would certainly help to be able to tell the judge that other judges have been refusing stays - they do not want to be seen to be bucking a trend so the more judges we know of who have said no, the better (hope that helps answers Wathorn's question too - better if we can name judges rather than posters!). The point the judge made is a good one - we do not know the exact facts of the case that the OFT are making and so the judges cannot know for certain whether it will be decisive of all the issues in claims which come before them for decision. I would also make all the points in the sticky about opposing the stay too of course


  8. #8
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Simply the best news I've read in a long time.. Congratulations and well done!!!!

    If the small claims book is still going I'll have it.

    Thanks vincymum


  9. #9
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    "Dont ya just love it when a plan comes together"

    Happy spending


  10. #10
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    congratulations ,, i think its what a lot of ppl have been waiting to hear


  11. #11
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Perhaps this will lift the cloud thats been hangin round since FSA announcement.

    Brilliant News

    CONGRATULATIONS

    30-12-2006--Requested statements from Local Halifax.
    02-02-2007--Statements Recieved.
    18-04-2007--Prelim sent.
    20-04-2007--Reply , Thanks , give us 8wks letter.
    02-0502007--Sent L.B.A. & Schedule of Charges
    11-05-2007--Recieved reply ,still investigating.
    17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.
    14-06-2007--Received standard Bog Off letter.
    13-06-2007--Took N1 to Local Courts.
    26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007
    Have till 09-07-2007 to file Defence.
    05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.
    Have 28 days from date of Service to File Defence.
    07-07-2007--Offer from Halifax.
    09-07-2007--Rejection letter sent to Halifax. Next day delivery.
    10-07-2007--Money put in Account

  12. #12
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Well done. Good to see some judges are seeing through all this. That is their job, after all.

    Just out of interesticon, was it City of London Court or Central London Court? I'm due a prelim' hearing at Central London in late September and wonder if it's possibly the same judge, Judge Avent? He was very dismissive of the banks tactics at a previous prelim hearing I had and I hope he's going to look unfavourably on any requests for a stay.


  13. #13
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    Thumbs up Re: Barclays Refused Stay - We Won Today! 07/08/07

    **Congratulations**
    Minster.
    \\\\\\At least something's happening at last//////
    ***



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    13/07/07 **WON** Halifax
    Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.



  14. #14
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Quote Originally Posted by kog View Post
    Well done - if more and more judges continue this route the waivericon could get lifted
    Exactly Kog, IF

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

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  15. #15
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Outstanding news ministers! I can only hope that other Judges follow suite!!

    Congrats!

    r-t-v

    25/01/07 Statements collected online
    27/01/07 Prelim sent
    09/02/07 Thank you letter received (and duly ignored)
    12/02/07 LBA on its way
    27/02/07 MCOL filed
    26/03/07 Defence entered
    02/04/07 Notice of transfer paperwork received
    10/04/07 Lattie's hastner sent
    19/04/07 AQ arrived (never mind lattie!)
    20/04/07 Last Chance letter sent to DG, AQ filled out.
    08/05/07 AQ returned to courts, cc'd to DG
    11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.
    14/06/07 Directions hearing set for the end of August. 10 long weeks away.
    14/06/07 rob-the-viking waits yet longer......
    23/08/07 DG apply for a stay, instantly granted by judge.
    29/08/07 The waiting begins again, 7 months since prelim was sent.

    "If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

  16. #16
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Congratulations.. .well done. Great result.

    Uk


  17. #17
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Great news and what motivation. Well done minsters, enjoy yourself.

    Everyone- spread the word to encourage people and let people know about minsters success!!!!!!!!



    Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

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    Thankyou Kennythecelt

  18. #18
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    CONGRATULATIONS



  19. #19
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    congratulations on a job well done....it gives us all some confidence.

    Now we just have to educate all the judges to see these delaying tactics for what they really are.

    Maybe we should create a list of all courts that have not gone along with the stays since the OFT announcement with case numbers etc which could be
    now quoted in future cases...... just a thought!!


  20. #20
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    Default Re: Barclays Refused Stay - We Won Today! 07/08/07

    Fab news

    as DS says ... it gives the rest of us the confidence to carry on regardless. And she's got it right ... we do need a list of courts where they're not listening to banks misinformation about stays.

    Enjoy your money.



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