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rogerebaker

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  1. Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others. I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment. First of all the cast. The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two. On the front row representing Barclays was a youngish lady in her late twenties looking every inch the up and coming Lawyer, impeccably dressed, hair tied up, small bifocals. She had a huge file in front of her containing the details of all the dreadful people who had the nerve to challenge Barclays. To her left was a rather distinguished duo who were representing a No win No fee company and subsequently it turned out were representing a significant number of the claimants listed for the day Directly behind them, relegated to the 2nd row was the rather sad looking figure representing Lloyds TSB. Compared to the snappy dressers in the front row he was clearly 2nd division and if on the off chance your reading this treat yourself to a new tie. No one is going to take you seriously wearing that!!! The rest of the court room was packed with 30-40 claimants and you could cut the atmosphere with a knife as everyone was thinking the same “ Please don’t let it be me called first” The first business of the afternoon was to deal with some overspill from the morning involving Lloyds. 3 or 4 cases had clearly been settled as a result of some frantic phone calls during the lunch break. The case names were mentioned and the bloke from Lloyds repeated several times weve settled. There appeared to be a dispute about the account number on one of these cases as the claimant had written the wrong number on his schedule. Sensing his opportunity the man from Lloyds jumped to his feet shouting “Move to strike out the claim” “Don’t be ridiculous” retorted the judge “just put the correct account number on the schedule” We will settle” mumbled the man from Lloyds somewhat disheartened by his failure. I personally don’t like to kick a man when he’s down but the judge showed no such sympathy. “Are you a barrister,” he asked “ No he replied” “ A legal clerk” no” “What are you then” asked the judge “ I used to be an old managing clerk” A slight titter could be heard from the big hitters in ringside seats as the man from Lloyds buried his face in his papers. Then from nowhere appeared a flighty young lad, plonked himself next to the Barclays barrister and in a lawyer sort of way gained the attention of the Judge. He was representing the bank of Ireland and needed to get away quickly so could he go first. The judge obliged and the claimant in this case stood up. The flighty man from Ireland informed the judge that everything had been sorted out (They Settled) and the claimant had consented to the case being withdrawn. The judge asked the claimant if he agreed “ absolutely” he replied “I’ve got to get back and open up my pub and by the way there’s a Gin and Tonic waiting for you on the house” The judge smiled “I better not but I’m sure my clerk could do with one” Things had started well for the claimants and you could feel the relief in the court. Next up was Nat West or well they would have been had they turned up. The claimant informed the judge that they had agreed to settle but he hadn’t had the money yet. The judge agreed to an adjournment to allow time for the money to be paid. The young claimant wasn’t finished there. “Id like to apply for costs” he demanded. The judge didn’t look at all fazed and asked what he would like. Buoyed by this the claimant produced his civil procedure book, no doubt purchased from this site, and started to quote from it. The judge appeared caught by surprise and stopped him. “ If you are going to start quoting civil procedure rules we are going to have to put you at the end” The claimant left a bit crest fallen but lived to fight on later in the day. It was then time for the first of the many Barclays cases. The case was called, the pristine Lady from Barclays flicked to the correct page in her huge file with ruthless efficiency. Distinguished gent to her left rises and states he represents the claimant. Pristine Lady states that Barclays have not received a schedule of charges so could not deal with the claim. Distinguished gent states “that’s a bit surprising as they are stapled to the back of the Form N1 of which you have a copy” Judge agrees and there is an uncomfortable silence as the pristine lady ruffles thru her papers. “Ill have to take instructions” “You do that” states the judge!! Adjourned for Barclays to get their Act together. Then followed about 7 or 8 Barclays cases with the same outcome. "No schedule of charges" she muttered. I’ve sent them to you a hundred times shouted the claimant. "Ill have to take instructions" ever more quietly Then came the first mention of expenses from one of the claimants. “I’ve had to take a day of work to come here can I claim costs”. The judge seemed receptive “What is your job” he asked “Telephonist” she replied How long have you been here? “3 hours” How much do you earn? “£7 an hour”. “That seems reasonable to me costs awarded £21”. You could here the cogs werring in the brains of the claimants as they sniffed an opportunity. Every case after that the opportunity for costs was ruthlessly exploited “What do you do for a living sir?” “Consultant sir” states the defendant “How much do you earn an hour?” “£50” stated the defendant “How long have you been here?” “Since this morning sir” “£270 costs awarded” “What about my car park bill that’s another £10” “£280 costs awarded.” One optimistic claimant even tried to get Barclays to pay for the possibility that she may be clamped in the local car park. That was one step to far for the ever-generous judge who with a wry smile politely refused. Next up Abbey National. Several defendants were awarded judgements and costs on an ever-increasing scale as Abbey couldn’t be bothered to turn up Even the man from Lloyds was joining in the party. Realising that he was on the wrong side of a bit of a hiding he started advising one of the Abbey national claimants on how to calculate 8%. One claimant from alliance and Leicester (Who also failed to turn up) was despatched from the court by the judge to find a calculator so he could add up the daily interest rate. amongst the carnage There were a few successes for the banks A couple of Barclay’s claimants failed to turn up and their claim was struck out. The not so pristine lady from Barclays asked for costs. “How much do you earn” asked the judge. Surly she wasn’t going to answer !! She muttered, stumbled then came out with the old favourite “ Ill have to take instructions” The judge took sympathy on her and adjourned the hearing pending costs. A couple of other significant things happened. Alliance and Leicester had written to the judge stating they were going to defend one claim. The defendant was furious. “They should have been here then” he snorted. The judge with another crippling blow ordered full disclosure by the A & L within 14 days or their defence would be struck out He calmed the claimant by informing him that he need do nothing and he should expect some sort of offer of settlement as soon as they receive that letter. Several claimants asked if members of their family could speak on their behalf and this was allowed although to be honest it wasn’t necessary. I left the court just after 3.30 having witnessed a complete route of the banks on almost all fronts. Lessons learnt. Don’t be afraid of the court Do turn up Have all your paperwork with you Work out your costs and settlement figure before hand I know this is only one court in one part of the country but hopefully this will encourage everyone to keep at it.
  2. Direction hearing is set for 2.15 today The litigation team at Barclays are adamant a representative will be attending. Im looking forward to finally getting near a court
  3. I bought a new car a couple of years ago. I wanted to pay by bankers draft and they insisted on 12 working days to clear before they would release the car. The salesman was telling me they have been had several times by a similar [problem]. Usually involving drafts drawn on foreign banks which is why it takes so long to come to notice. You can actually get a Card reader to atached to your computer that takes card payments which would seem a better option. Sorry to hear about you dilema bit of a nightmare.
  4. No you dont It does appear to be a bit harsh that everyone who is arrested no matter whether there innocent or not gets there DNA taken. I soppose we must look at the bigger picture. The DNA database needs to grow in order to be effective. Its also surprising how many really nasty criminals have been caught recently on very old DNA that has only come to light as a result of this policy. IMO We cant have it both ways
  5. Im not sure that your Tax disc becomes invalid if youve got no insurance !!!!
  6. I dont think the OP stated that her daughter was forced and it sounds like the girls were asked to provide receipts for goods from their shop. In your position I would let sleeping dogs lie. I dont think you going to gain a great deal and if you believe your daughter thats all that matters. I talk from experience here. I have four adult kids who have all been through various things like this. Shouting and screaming about my childs innocence has on almost every occasion ended up me looking stupid. Your daughter has no record, lesson clearly learnt Id leave it at that.
  7. You can be arrested for dropping litter but it isnt an indictable offence?
  8. Clearly a store detective cannot force the suspect back to the shop but I suggest in the majority of circumstances like this they are invited to return which they do so willingly. I cant see how this is an issue.
  9. No Im not drilling holes thru next door. I have sky downstairs Im just running the cable from the "RF out 9V socket" on the back of the Sky box, via an arial cable up to my bedroom. This plugs into the magic eye and then into the TV Arial socket. The magic eye enables you to change channels on the main skybox from upstairs. The whole kit including the wire the magic eye, connectors and additional remote was less than 20 quid. Clearly you can only still watch the same thing on the sky up stairs and downstairs but the fact that you can change the channel from upstairs makes it very useful. When its fitted Ill let you know how well it works
  10. If the landlord places the deposit in the custodial scheme there is no cost to anyone. The scheme is financed by the interest accrued on the monies held by the scheme. something that may be worth noting is that whilst the landlord dosnt protect your deposit they cannot evict you.
  11. Fennie. As from April 2007 the agent has got to lodge your deposit either with a custodial scheme or with one of two insurance schemes. They should then within 14 days tell you which scheme they have registered with and give you the details If they fail to so this there are some serious consequences for the agent or landlord. firstly they cant terminate your tennancy by giving you the agreed notice. secondly You can apply to the county court for them to return your deposit plus 3 times the deposit as compensation. The court has no discretion in this they have to order the agent / Landlord to do this if they havnt secured your deposit. If they have really ****ed you off wait 14 days and make a visit to the county court.
  12. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/35996-mobile-stolen-abroad-thief.html Read this thread
  13. There was an almost identical thread toi this some months ago. I think in the end the poster managed to just about get the phone company to write off the amount. She did however manage to involve the press, the TV etc etc. I will try and find the thread and post a link. IMO O2 are making a profit from criminal activity and this shouldnt be allowed. They are just as much victims as you are and shouldnt try and pass the entire buck to you. As much as the banks are generally not are best friends at the moment at least they accept that if your card is used fraudulently they pick up the bill.
  14. ordered my magic eye today. a few small drill holes and I will be watching sky all over the house by the weekend thanks for the advice
  15. I think youve probably got to be a bit of a football addict like myself to appreciate it
  16. I think sky TV is excellent value for money. I pay about 50.00 a month for Sky+ and multiroom. you could of course for the same price ---- watch half a chelsea match Sit on your own at a west end show A meal for two at a very ordinary restaurant unlimited multiroom is not yet available but perhaps in the future !!
  17. Ive had several claims against Barclays on behalf of the kids over the last 15 Months and they have been nothing other than polite and helpful. In all honesty I didnt expect them to roll over and pay out without a little wriggling but they have been consistant throughout and dont seem to play stupid games. Well done to the Barclays litigation team and lets give them credit where its due
  18. I was allowed to apply for a judgement online a couple of days ago due to the fact that Barclays had not entered a defence. MCOL now states that judgement rejected defence entered on the 24.4.07. This is a bit strange as I didnt fill the MCOL until the 23.4.07 Perhaps MCOL are getting a bit stretched. anyway barclaycard part two continues.
  19. Ive been to the adjudicators this afternoon and won my case due to a defective NOR The NOR failed to mention that cost may be awarded by the adjudicator and this is a requirement of Schedule 6 of the RTA 1991 This was one of about 10 points I was appealing on but he stated he didnt need to adjudicate on them as the NOR was defective I asked for 200.00 costs which he said he will consider and get back to me within 21 days Keep at it folks its 5-0 to me at the moment against a completely incompetant council and their sneaky wardens
  20. You give up to easily. See if you can scan the PCN on here. If not write exactly whats written on it here They may well be other errors In my experience the councils I have dealt with seem incapable of getting the complete process correct.
  21. (3) A penalty charge notice must state— (a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle; (b) the amount of the penalty charge which is payable; © that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle; (f) the address to which payment of the penalty charge must be sent.
  22. If they send you an NTO just send them a copy of the PCN and appeal under the heading the contravention didnt occur. You have the option to make an informal appeal to the council now. It may be worth doing that. They may well cancel it straight away save you any bother.
  23. To be honest I would completely ingnore it until you get the NTO. There is absolutely no way they can enforce this PCN. If they did dig their heals in they would be laughed out of the adjudicators room
  24. The PCN is OK on the two dates issue but does have couple of errors which gives you a good chance. The Act uses the words A penalty charge must be paid. Your PCN says you must pay a penalty charge. This is misinterpreting the issue of liability which is clearly with the reg keeper of the vehicle and not with the receipient of the PCN. So to say you must pay is clearly wrong. The Act also states that the PCN must be paid by the end of a period of 28 days starting with the date of notice. Yours states within 28 days which is wrong. The only problem with this is it gives you an extra day to pay and the majority of adjudicators are not allowing appeals on this basis as there is no prejudice to the motorist. In saying that its a good place to start. Wait for the Notice to owner, Chances are that will have some faults Make your appeal. Wait for the notice of rejection which again may well have some faults and if all that fails you can go to the adjudicator. If all that fails it only costs you the price of the PCN so you cant really lose. I have one waiting for a adjudicators decision on exactly the same to errors so I will let you know how it goes. Decision expected by the end of May. PM me when you get the NTO and Ill give you a copy of the letter I sent.
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