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Fellowes

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  1. Barclays have written again, in light of the stay which expires on 29th February 2008 (copy of letter below). Has anyone else received the same, any suggestions on action which can be taken now? BARCLAYS LETTER I am writing regarding the Order of the 19 September 2007, which stayed the above case until 29 February 2008, at which time it will be referred to the District Judge for directions. The hearing of the Preliminary Issues in the 'test case' in the Commercial Court between the OFT and eight financial institutions (including Barclays) concluded on Friday 8 February 2008. It is anticipated, subject to appeals by either the OFT or the Banks or both, that further preliminary issues will be addressed in a second phase of the 'test case' following Judgment on the stage which has just been completed. As you will be aware, Barclays considers that the test case provides the most appropriate mechanism for the resolution of the complex legal and factual issues that arise in cases such as the present (as illustrated by the need in the test case for 14 days of oral submissions from nine Leading Counsel, hundreds of pages of written submissions, and more than 40 trial bundles). In this connection, the trial judge, Andrew Smith 1, remarked as follows on Wednesday 6 February 2008: I understand that many proceedings have been on hold in the expectation that this case will assist the management of the county court litigation, and the expectation that every effort will be made to provide that assistance without undue delay ... I haven't discerned anything during the hearing that undermines or significantly detracts from that expectation, and I certainly don't mind that being conveyed to those charged with managing the county court cases ... While it is anticipated that the judgment will be prepared as quickly as possible, Andrew Smith J has indicated that it is not possible to predict accurately when that judgment will be handed down. This may take some considerable time, given the complexity of the issues. Moreover, as mentioned above it is presently anticipated by the parties and the Court that, irrespective of the result, further hearings in the test case and/or appeals will be required before all the relevant legal and factual issues are finally determined. For these reasons, Barclays respectfully repeats its request that the case be stayed until the final determination of the test case (including all appeals). Please do not hesitate to contact me if you have any questions. Yours faithfully, Thomas Hickey Legal Assistant
  2. Well Barclays did not comply with the order, and so we sent the standard letter to the court highlighting the non-compliance and requested were were allowed to enter judgement. We have now received the stay from the courts detailed below. The bank have not applied for the stay, the court have just taken this action. What are the chances of applying to have this set aside Before HIS HONOUR JUDGE HA WKESWORTH QC Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT This action will be stayed until 4:00pm on 29 February 2008 pending the decision in the Commercial Court involving various Banks and the Office of Fair Trading. Either party may apply on notice to lift the stay. Any such application must specify why the stay should not apply.
  3. Slick, Many thanks, just what I was after. Where did you find this, could not locate on the web. Do you have the link to this section on the Justice web site?
  4. Can anyone assist with the following query. In the non compliance letter GaryH put together, it makes reference to the Rule 3.4(2)© of the Civil Procedure Rules I've been unable to locate this rule on the Justice web site, I can only find 3.4 (2)(a) & (b). I just wanted to know what Rule 3.4(2)© of the Civil Procedure Rules was. Is this a type error?
  5. Are all cases now being stayed, or cases still being settled? What's the general view?
  6. Yesterday I received the following letter from Barclays, looks like a general one. Has anyone seen this before? Is any action appropiate? Unauthorised Overdraft Charqes ("bank charqes") You have referred your complaint about bank charges for determination in Court. We believe the charges are legal, fair and transparent. Since you filed your claim in Court Barclays (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. You should be aware that the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceedings is known. Given this court case we have asked the Financial Ombudsman Service ("FOS") not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. We have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at www.barclays.co.uk. We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible applying the (test case) principles. As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings. Yours sincerely Thomas Hickey Legal Clerk Barclays
  7. I've been looking for the letter by GaryH re non compliance, referred to in Peter Rabbit Vs Barclays, and posted by Falcom. Does anyone have the link to this, and advise on its use when the time is right. It would appear a letter needs to go to Barclays, reminding them the deadline has expired and no bundle has been received. Is this necessary, or can I just go with the court letter of non compliance? I'm not ready to do this yet, just researching in advance so I can act in a timely fashion.
  8. What are the odds Barclays will complete and return a court bundle? How many do you know of being submitted?
  9. The word for word order is on my post 28.
  10. Is this 42 days from when I took my bundle to court, or 42 days from when my allowed 14 days expired?
  11. So should my action plan now should be just to wait till the court date. Surely Barclays will not want to submit their court bundle detailing the true costs of administering such charges.
  12. I was Peter Rabbit Vs Barclays used the same order, and Barclays did not comply in the time allowed. The judge did grant an extension but this was not met either, and a full settlement followed. If Barclays do not declare the true costs of administering such fees, as requested in the order will the judge not through the case out as not all points of the order have been complied with.
  13. What are the dates when we will here is the charges are unfair? Has anyone else used the order, and had Barclays submit their bundle? Or have the cases settled prior to this?
  14. Dar£n, My understanding was with the proposed order, and the case being assigned to fast track, they had to comply with disclosure and provide all the information within the 42 days ordered by the judge. Are Barclays going to comply with this, and so proceed to court in Jan - Feb 2008?
  15. Thanks Dar£n. I've now hand delivered the Court Bundle to Keighley, and sent recorded to Barclays. From the court order Barclays have 42 days to submit their court bundle, thereafter. Does this mean from the date I delivered to court, or from when my 14 days expired. What is my best course of action now? Do I approach Barclays litigation team and establish if they have received my bundle, and would they like to settle. Or should I wait the full 42 days to see if Barclays comply with the order.
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