Hey no probs guys -see you've been busy whilst I've been away!! And Matt -just read your thread too -busybee-there's just no stopping you now -go gettum and soldier on or what ? I will be looking with interest-whilst waiting.......

Hi all, An update - I went to the court on the 3rd and greeted by a barrister, hired by B's, she had come up from London for the day. On looking at her records she began by saying that it looked like I was part of 'the forum' with template letters loaded off the site and was a pretty standard argument -I stated that in part, that was correct but reflected our case. (My relative did not attend due to loss of wages for the day and besides had laid out a considerable amount of money to get this far-I also have 3rd party agreement to act on their behalf). I met 'mattemotion' there - see his thread too. There was confusion with his barrister -could'nt even get his name correct from the records. We were called in together and was up before the circuit judge. He was sitting on high and not a small informal room -we were asked if we minded being heard together as the cases were similar. It was evident that we were expected to agree -to save time! Matt went first and hardly got any points across before being interupted with arguments against the lifting of the stay, noting that there are more pressing and important cases waiting to be heard. It was evident from the start it was a foregone conclusion.One important point that Matt got across that neither of us had requested this hearing. He was very rehearsed and professional and tried to get his arguments across. I did not get much opportunity to point out anything only that I have been waiting for a court date since May and outlaid funds... We were bamboozled and any research, knowledge that I had gathered for the day was pointless. My carefully paginated 'stay' bundles were not even requested -I was only given one week to prepare for this. The judge decided not to lift the stay and stated that a court date would not be given before the FSA case in Jan. The barristers confirmed they would appose any lift of the stay and confirmed a four day court hearing. My barrister decided not to request any charges as a result of this hearing. Later she informed me -that if the stay had been lifted, the case would no longer be heard in the small claims court, but fast tracked and if I were to lose -be liable for the cost of 4 days of the barristers time -at a cost of 30 grand -umm. I was so pleased that Matt was there, can't imagine going through that alone. It was a very intimidating experience and not for the faint hearted. Whatever has gone on before -dont expect this to be easy and can't emphasise enough, both Matt & I believe -if you have a stay leave it -until we know more!!?

Matt, It was good to meet with you today - for want of better circumstances! -it was comforting that there was someone else - attempting to lift this stay. You were very professional and clearly rehearsed -but it clearly was, a forgone conclusion from the very onset. You did challenge, whereas I was unable to put all my points across, that I had taken hours to research and write up. I have even returned with my carefully paginated bundles, not even given the time to hand over to the judge or the barrister (that Barclays had hired for their defense). Did they return yours without even reading? It really was not the small informal room that I imagined, although I had always been prepared for the worst-easy day for the barristers from London -intimidating for those of us, who just wanted justice!! Kind regards, Shey

Hi Matt all the very best for tomorrow -I am dreading it now -I do hope they are easy on us!! I have part of the stay bundle prepared -as I advised you from zoot, been doing a bit of reading. I am going to argue the hardship line -so have left out, the human rights paperwork -any way too late now as almost there. I do hope the next time we post up -its possitive! fingers & everything crossed. Shey

Hi Matt, I like that -you are funny and probably have more experience- see my thread as zootscoot (mod) kindly advised me to look through the stays forum, also 'skelton argument' and 'Bundle for stay hearing' -I dont think the bundle is necessary at this stage -Im probably getting ahead of myself again. When I find out more, I'll keep you posted Shey

Hi Zootscoot - Thanks so much for your help and advice I am busy as we speak, Cheers. Hi Slick -do you mean I am getting a hearing on the cheap? -no doubt they will catch up with me on that one! Thanx

Matt -just posted up a reply on your thread-hey we are in the forefront now.... The update is that I recieved an e-mail on 19 Sept from Thomas Hickey Legal Clerk requiring an update on any response from the court and that Eleanor Dangerfield is handling the case from now on. Replied nicely that (I was still waiting patiently for justice after submitting large sums of money) joke I was very prof.. - that I was currently awaiting a response from the court from the application of the 'stay to be set aside' after submission. Just heard today from the court, we have a'hearin' on Oct 3rd - ooh soo exciting. I wonder what will happen thereafter. Defendant's name of Rosemary Treves -Brown remains.

Hi Matt, Just in from work tonight and low and behold a letter from the court! I'm there with ya same time, same place!! I wonder how many more of us may be herded in on the same time/day?. Its got my adrenalin going....at least. Please do not worry about the court (i can say that now) I have sat in many magistrates court proceedings and there is nothing to worry about at this stage -lets see what happens next -will be interesting. I had already printed out the bundle -but may have to print out the updated one -due to the stays. Keep me posted Best Wishes, Shey

Well - its the waiting game again...... N244 in (11.09.07)and yet another £35 deposited -in the name of justice. Forwarded a copy to Barclays

Torigirl - I have enjoyed your thread - I am at the same stage and empathise with the frustrationsssss!!! -I hope we can meet for a celebratory drinkipoos along with mattemotion when we all win in Norwich CC. There is a nice place with fruit beers and a band..

Recieved this in the post today- General Form of Judgement or Order It is ordered that 1. Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the latter) in the test case between the Office of Fair Trading v Abbey National Bank plc and others ('the test case') or further order of the court. 2. The Defendant shall by 4pm 14th Sept or 4pm -21days from the date of order whichever is the latter serve on the Claimant a copy of the Particulars of Claim in the test case or notify the Claimant where the Statement of Claim may be viewed and downloaded. 3. The Defendant shall within 21 days of the fianl decision in the test case file at court and serve on the Claimant: a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action. b) Their proposed directions in this case. 4. Upon receipt of the documents set out at Para 3 of this order the file be referred to a District Judge to consider further directions. 5. Either party may apply to vary or discharge this order, provided that any application is made in accordance with Part 23 of the Civil Procedure Rules and made on 21 days notice. Question:- Can I now send a 'removal of stay' N244 along with a letter pointing out a financial hardship. Has anyone ever dealt with Judge Hayes ?

Hi Matt -I have just recieved exactly the same wording in the 'General Form of Judgement or Order' (well its something from the Norwich court)!? I will be posting this up on my thread too . Keep me posted and I will be following your thread closely too for any update. I was wondering what I can do with this when I recieved it today and will be opposing the stay too. Fight the good fight!! Good Luck

Hi Matt, Sorry for not replying sooner -but have been looking in from time to time and had nothing really to add further. I found out by calling the court and heard nothing since -I was hoping for a formal confirmation, so I could complain against it. We did recieve a letter from B's -yeah thanks very much -you nearly got there, but not quite.... Yet!!! It really isn't good enough and know this is the general consensus -If there's any update -I will post it -keep ur chin up too!!

Hi Matt, I filled in & returned the AQ, submitting yet another £100! (I thought I had read somewhere that Norwich was finishing with these)? I said no to the mediation as this is yet another stall....in the process. Its very disapointing as I've heard nothing 'formal' by letter or otherwise except for calling the court for a date and was told the case were stayed.. I have a small claims case and patiently wait - I would be interested to know if you manage to get further than this in the process Best of luck -Keep in touch

Hi Saintly do you mean the charges spreadsheet ? It was from Martin's site as I found it first and or easier at the time?. The spreadsheet calculated the 8% from 2001-2007 My query is the stat daily rate of 0.000022 - i realise i did not calculate it on my POC. I am wondering if I can submit the 'application of the stay' to be lifted without the court bundle ? as I have heard nothing exept my query and confirmation of the stay with the admin lady today at the court

I have just printed off the application notice (N244) opposing the 'stay' and it looks so good! (I was so p****d off this afternoon, I had to visit the gym and take out my frustrations)! after that taken Saintly's advice and read a few threads and now feel empowered again. Anyway -Reckon I might be getting ahead of myself thou -so can I get further advice -as I've been waiting further directions from the court.. I need to check the daily rate of interest-am I right in thinking that it started at the date of my court claim ie 18th May 07 and not when i started all this against BB Dec 06.....I do hope this keeps accruing whilst we all wait -that'll teach em! Since I have entered my AQ some while ago -I now need to prepare a statement of evidence ? plus my bundle plus the N244 form -when instructed by the judge..?

Saintly -Thank you - just read the application for the removal of a stay does it still apply to me as we were waiting for a court date?.

Thank you Saintly & Peter for your quick reply. Tonycee -In answer to you -R Tr-Br is the defence solicitor in the London office. Anyway I have called Norwich CC again today and our long awaited court case has been 'stayed' by the judge -very unfair and unfortunate to be soo near and yet so far!! AT least I can prepare accordingly...but prepared to fight the good fight. I wonder if the litigation dept are sitting with their feet up, filing nails and generally enjoying a breather? I will keep my journey going and looking on the site for further valued assistance on templates to complain to the FSA and my MP. Within the next month too, I am contributing some wages for the wonderful help I have recieved to date -would have never have done it without you all

Hi All Just an update -My allocation qu was submitted early to the court on 5th July and I have heard nothing -so I rang the court today to see if there was any update. I was told that my case went to the judge on the 25th and due to the backlog I have to wait until further direction is given.Unable to confirm when this will be. I have just realised that we do not have the original terms and conditions from (1996) and it appears I will need this. Qu. Should I forward a letter to the solicitor - Rosemary Treves -Brown and request this info be sent - as it appears that situations are hottening up now and I dont want to get anything wrong as this late stage- thank you again for all your continued support with this

Thanx saintly -it is comforting to know you are watching over me!! -undoubedly I will be back in a panic real soon

Hi, I am at the same stage and have just recieved 'word for word' the defence from Barclays -standard one, from what I'm reading. Just spent many long hours reading up and have just filed my AQ with Draft Order for Directions as found on this site -it was due in for 12th Jul -submitted it today. I am hoping this will bring a quicker response and end to many months and endless stress! I have forwarded three sets of charges, dates etc to B. -they can't even correspond on a personal basis. You will find some excellent advice from our friends here -I'm keeping it going too

AAh my original post has arrived at the beginning of the thread - I thought I had'nt posted correctly and it was lost forever -thats why I saved up enough courage to start again -(technophobe you see). Thanx guys for the advice - anyway, just back from the local county court, handed in AQ with request order for directions -sending a copy also to Barclays. Query -do I wait for the judge to decide on this request or do I submit all the relevant paperwork ie bundle etc within the specified 14 days? If so, I have got to start preparing for the next stages and get printing - for an environmentalist, this is heart breaking -thinking of all the rainforests that Banks could save and pay up at this stage:) ! I attempted to find the AQ N149 on the HM Courts website and experienced problems, I called them and discovered that it has to be submitted in handwriting - I was worried that 'B' might think I was a novice at this!

Cheers and thanx for the links -reading and gaining much info as we speak. Just attempted the (AQ) N149 online and unable to..I do hope its not my pc playing up - just when i need it most or do ya think that the courts service are unindated with requests for this form and have taken it off for a while for a rest

Hi, It was probably just me..anyway arrived now, in the right place and just at the right time. Things are heating up now! Thanx and the Best of luck to you too, its nice to know someone is at the same stage. I was going to post up the defence I have just recieved, (with a AQ & mediation form) from the court, to confirm if it was a standard one. I have just read 'johnsworld' # 43 thread and he had posted very much of the same, so thanx to him and will be following his progress too along with many others. I have a few days left to read up on the AQ (Allocation Questionnaire) before completion - are there any updated suggestions please?

Thank you for the advice - I was hoping the thread automatically went to the Barclays posts will now attempt it -not good at this!