Thread: SarahApples vs Barclays 16.8.07 - **WON IN COURT**

Hi,
I have a court hearing this Thursday morning ( despite Barclays sending me a letter inferring that the case had been stayed!)

I have fluffed up and not done a bundle. However spoke to the Courts this morning ( very friendly and helpful) saying if I get the bundle in today they won't state the date it was submitted.

I am struggling with info overload / and a lot of abbreviations... what exactly is my bundle? As I understand it...

• Copies of my statements containing the charges.
• A run down of the interest I have applied to them.
• Copies of letters to and from Barclays to myself.
• Mydefence as I sent to MCOL, why I don't believe the charges to be fair,
• terms & condidtions from the time I opened my account?
• and cover it all with a clear table of contents.

send copy to court, to barclays & keep one myself for thursday.

sorry if am asking obvious questions, must say I didn't think I would find myself so nervous about appearing court ( even if it is just a room with coupla people in it!)

Sarah

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Thanks for court info on other thread Sarah. Good news that court staff are helpful re bundle. I bet they will turn up and argue for a stay first so do print off the stuff from the thread called 'stays-info and guidance' and try to be familiar with that and when you are asked what you say about a stay, go through arguments as best you can. I am going to say that as I was so near to final hearing, it would be unjust to make me wait when bank have applied only 2 clear days before the hearing. No excuse on their part for leaving it so late. It's rubbish that we actually have to go (they have written three letters trying to persuade me to agree and threatening to ask for costs if I lose - I told them that was ridiculous, I have every right to oppose it) but I will let you know how I get on tomorrow! Am bricking it already

JuicyD - don't fret too much ( easily said) these things are nerve making coz they are a bit of the unknown. But it's just a room, we don't have to be word perfect and we don't have to behave likwe're in A Few Good Men movie... ( or is it just me that has these worries!) :o)

Sending you good luck vibes tomorrow - if you do for me on Thursday!

SarahApples...i have a confession....i am actually a solicitor (yes, there are solicitors who are cr*p with money and broke all the time! well, getting better). I don't do banking work but I have appeared before a few county court judges in my time though I often have a barrister! The fact that this is my My Claim and My Cash at stake makes it totally different though to going on a client's behalf - hence I am nervous as a) I really want my hearing to go ahead because I am so cross about my bank's behaviour, they have been so snotty and now are getting the advantage of the waiver while we get nothing and b) am even more afraid of looking an idiot than people who have never done it before as I should know what I'm doing! so my cash and my professional pride are at stake! Will update you after the hearing and will be rooting for you on Thursday big time!

Thanks for your honesty and for making me smile! Good Luck tomorrow.... it'll go quickly and you could be quids up this time tomorrow!
Sarah Apples

ps I've already received £745 from Barclays previously and £3000 from Lloyds just last week ( non reached court) It feels Sooooo good when you get the money back in your account! All worth it in the end!

oh wow congratulations!! that's brilliant. I am still in my office, sweating over my arguments against the Stay, when I thought I would be preparing my main arguments! It is very handy to be able to refer to Minster's thread from last week where a stay was refused at City of London county court, should be useful for you too to refer to and obviously if i get mine you can give them all the details of that too. my claim is for £2.5k which I would love to get in my account!

Thanks slickwilly132 for your support - all helps!

juicyd - how you doing - you back yet? - sending out good luck vibes!

Just been on the phone to Barclays Litigation team - very helpful girl speaking from Canary Wharf - Barclays are sending someone to apply for a stay at my hearing in North Shields county court tomorrow.

Hi Sarah..I won! The application for a stay was dismissed so the hearing went ahead on my claim and the Defence was struck out for being a bare denial. (i did not mention that i had complained to the court about that after it was filed but received no answer!). have done a thread in general section advising that the judge said stays are not automatic in claims which were listed to be heard before the test case was announced, which I'm guessing applies to you. So, good sign for you and something to stress tomorrow - your claim very near to being heard so unfair to you in particular to stay at this late stage. There were a couple of Barclays claimants at the Court and solicitors there to ask for stays but there was one girl who had not had anyone turn up to actually ask for the stay. I told her judge is on side, go in and ask for judgment! Hope she got it. My joy is tinged with disappointment because i amended my claim and asked bank to agree - they only told me on Monday that they wouldn't so it was too late to apply formally. I asked the judge to amend it and he said he would adjourn the hearing so I could make the application and give notice to the bank. I thought I would take the money for now! (this is totally my fault for being foolish enough to think they would agree). I have since written to the bank's solicitors saying i will take a discount on the money i didn't get (£900), if they pay it now. Otherwise i will issue a new claim and they will have to put in a proper defence before they can ask for a stay. If they don't put in a proper defence, i will ask for it to be struck out ! I was nervous but the bank's agent was a bit of a muppet so that helped me calm down. I'm sure you will be fine and do a great job tomorrow. Can't wait to hear!

ps sorry forgot to say thanks for the good vibes, which definitely reached the judge and me!! if not the bank's sol. hilarious, she asked for permission to appeal, he said on what grounds and she said 'you have directed yourself to the wrong issues' which actually made me gasp, I have never heard anyone insult a judge before! hahaha he told her where to get off.

CONGRATULATIONS!!

Brilliant bit of news - well done - and especially nice that the muppet bank rep shot themselves in the foot insulting the Judge! ( mental note :i must not do that tomorrow!)

Sorry this isn't quite the end of things for you - but I hope you still have the words ' You Win' ringing in your ears!

I'm going to go now ,write up my reasons for not accepting a stay on procedings... If I wasn't so nervous I would be quite looking forward and interested to see how things go tomorrow! :o)

Thanks so much for all the info and details you've posted, it all helped enormously! I shall quote your case is needed tomorrow!

Caiox

Hi -

This forum becoming a bit of a godsend right now!

I have court hearing tomorrow against Barclays (North Shields county court)
Been reading others experiences....

Due to my dropping the ball/not clear instructions - I only gave the court my 'bundle' today and Barclays haven't got theirs. ( I rang them this morning and they seemed to think this didn't matter)

However I have not received ANY paperwork from Barclays, not heard from them at all since I received the paperwork via the court that they were Defending..... does this mean they are in the wrong? ( I know I am too) but if ring them would they settle ??

Sorry if this is barking up the wrong tree?
Please help oh wise ones who know whats what!

Am itching to ring Barclays and ask why I haven't received my bundle or indeed any paperwork from them selves as required by the court- to see if they will settle over phone! Please someone - tell me - is this unlikely?!

Hi Sarah
Barclays don't bother sending anything and get away with it too. Good luck tomorrow. I was in Durham Court today but the stay was granted.

Thanks bbch60 - thought I might be getting excited for nothing ( also trying to get out of going to Court!)
WHat happened in your hearing - did you speak to Judge and give your story/evidence?

yes see my thread - barclays3accounts

Originally Posted by tonycee

Hi Sarah..I submitted my claim against Bs on 06 June, still havent received anything from either court or Bs.
Please hold off from ringing them, perhaps untill a site helper has read your thread (they are very good you know) and adviced on next step.
Good luck with court. Its a bit of a lottery as to what to expect at the moment.

Thanks tonycee - Good Advise!

SITE HELPER _ HELP PLEASE?!!!! :o)