court case next week**Defence Struck out POST OFT**

[doefar]

do you think bank will appear

[sequenci]

who's bank?

[Guest louis wu]

the river bank?

[doefar]

barclays

[Lula]

this needs to be posted in the Barclays forum, i will ask a mod to move it ;-)

[doefar]

thank you

[doefar]

is there any in court at derby today

[doefar]

is anyone in court today at derby

[barney.bradshaw]

Yes, we are this afternoon.

[doefar]

any feedback would be most appreciated

[Michael Browne]

Good news,see here:

Court Case Today - I WON

[barney.bradshaw]

doefar - which judge have you got?

[doefar]

judge douce

[barney.bradshaw]

That was my Judge.

 

I know it's easy to say but don't worry. He's very nice and very fair and easy to talk to. We didn't really have to say a lot, he did most of the talking and wasn't impressed with Barclays at all.

 

Every case he heard whilst I was there he struck out due to the banks not submitting a bundle.

 

Only thing I would say is to make sure you have worked out your charges including interest and court costs up to the date of your hearing.

 

Good luck and anything else you want to know just ask.

[Michael Browne]

Doefar,

There's an excellent post here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/93273-car2403-barclays-bank.html#post1084767

 

with some good advice for claimants

[doefar]

thank you barney will gather my thoughts and get back to. thanks again

[doefar]

michael, thanks for that

[doefar]

barney--did you take objection to stay letter with you to court

[welshcakes]

Doefar

 

Is yours a Directions or a full hearing? If the latter, have Barclays complied with court orders to date ie submitting bundle etc on time? If not, you should be applying for the Defence case to be Struck Out.

[barney.bradshaw]

barney--did you take objection to stay letter with you to court

 

 

Hi doefar,

 

No we didn't. We'd decided not to object to the stay for various reasons.

 

I am almost certain that your case will go the same way as mine.

 

Can I ask, did you get your bundle in before the deadline?

[doefar]

hi barney; yes it was and recorded

[doefar]

welshcakes. how do tell if barclays have complied with court orders

[barney.bradshaw]

hi barney; yes it was and recorded

 

 

That's great, make sure you also take the letter you had from the court giving you the deadline on.

 

If you phone the court the day before, ask for the listings department, then ask if the defendant has submitted a defence.

 

You should also work out any extra expenses you want added to your claim. The judge added £50 which was the maximum for a day's wages and also our travel expenses.

 

Anything else you want to know I'll be more than happy to help.

[doefar]

thanks again barney. i think we have it sorted

[doefar]

barney-

 

Todays 'bank charges hearing' between myself and Barclays bank went well, as you advised us Barclays solicitor did approach all barclays claimants before the hearing took place to advise us he was applying to the court for a stay.

 

When judge 'Douce' called me in for my hearing the first thing he asked us both for was evidence of our court bundles being submitted in accordance with the courts previous order.

 

I had my proof of delivery and the judge also had his copy of my bundle but, Barclays had not submitted one and were using the excuse 'We currently have a back log of these bundles including the one submitted by the claimant for this case'

 

Judge Douce then promptly 'Struck Barclays out' and advised me he was ordering judgement in my favour and Barclays have 21 days to either make full payment (Inc court costs and £50 compensation for wages) or submit an application detailing the reasons why they did not meet the courts original demands regarding their court bundles.

 

A good step in the right direction although i feel we may have some work left to do to ensure payment is received if at all.

 

Many thanks for your advice Barney