Hi Dutch! Much the same directions but she gave me the impression I wouldn't need another date in court it would all be 'automatic' - if OFT won, MY money would be returned to me without any need for me to return to court, if (lol!) banks won, no point in returning as decision will be made by higher court than county... Not sure I really agree with that as I didn't get any chance to outline my case. The 3rd scenario is somewhere in between with a smaller 'reasonable' charge, the DJ didn't mention what would happen here but I assume much the same as if OFT won - the difference between 'reasonable' charge and the actual charge being returned. Did you have many others booked in at the same time as you? And were they there? There were supposed to be 5 others at 2pm but I didn't see any of them...!

Sounds much the same as my experience today in Croydon CC - frustrating to say the least. Sounds like you did well in there though, did you have DJ Hughes too? Roll on the OFT case...!

As expected - my case was stayed! I was met outside by a nice enough 'independent barrister' who explained that he was there to request the case be stayed. Even if he didn't succeed (when most cases are being stayed) he said I was unlikely to get a court date much before the test case and whichever way that went, it would be appealed and heard after the test case, so not really much point. He went on to say that in the meantime I would be earning a nice interest rate - 8% - which is better than most savings accounts at the moment. At this point I thought I'd speak up and say that unfortunately it would be wiped out by their overdraft interest (0.79% per month for authorised) x 12 doesn't leave anything! I did ask how long he envisaged everything would take. He thought upto 3 weeks for the test case and a few months for the inevitable appeal, I then asked what he thought to the rumours of upto 4 years if it went as far as the European courts, he looked surprised and gave me the impression he thought that it wouldn't go that far... Who knows? In DJ's office it was all very relaxed and the decision to stay was made long before I got there! She said much the same re time scales but said the case appeal would be expidited (hurried through) and she expected it to be complete by the end of March. Barclays have 28 days after the test case to write to me (in less than 500 words) explaining the effect of the outcome on my case. If the OFT won (IF???) there would be no need to return to court, my money would be re-imbursed and if the banks won and £35 was a reasonable charge (I did raise my eyebrows!) it would be very difficult to win my case as the test case is taking place in a much higher court than county court. (The barrister had covered the 3rd possible outcome, that say £10 was agreed to be reasonable - the difference would be returned to me.) I did have my argument in front of me but said that I saw little point in saying much of it but that I was concerned about the fact that Barclays can still charge me but I have no come-back now the case is stayed, she looked at the barrister and said she would hope that Barclays would re-imburse any further charges should they be taken (I don't think she knew the barrister wasn't a member of Barclays staff - would anyone like to admit that anyway these days...Lol!). I did have the opportunity to say that my overdraft was made up of the charges, she did seem to sympathise and said that some people she's seen have been in a real mess with their mortgage accounts... However, she did say that some banks are still settling - she'd had 2 this morning! I was supposed to be 1 of 6 people seen at 2pm but I didn't see any others about - a bit worrying! I would certainly say that the whole experience was OK today if a bit frustrating after all the work (and printing out) I've done over the last few days / weeks / months, it really wouldn't have made any difference if I'd known very little (I'm not saying I know a lot by any means!), although I suppose I wouldn't have felt prepared for much if there had been any need for input from me. As a parting comment I did say that Barclays had dragged this out since Feb and the DJ said that that wasn't a long time in legal circles - shame I thought of a reply once I was out of the door - it would be if it was my money they were after - but they've already got it!

Thanks Slick (congrats on your 'promotion' to site helper - I've just noticed the change! Well deserved!) I've found someone else at Croydon on Tuesday too and they seem to be taking along same as me - phew! I won't have my full bundle as I've been imitating a headless chicken all day (headache doesn't help) and it won't be ready (long day at work tomorrow). However, I do need to write my statement of evidence, I've bookmarked Peter rabbit's and Nawanda's from last Feb which looked good in July when I last did anything constructive re bundle! A glass or two, and an early night and hopefully I'll be ready to tackle this tomorrow night. Thanks again!

Hi! I also have a hearing at Croydon CC on Tuesday (at 2pm) - reading through your thread you are asking the same questions as me (although many days ahead of me!). I'm reassured to see you will be taking more or less the same as me... Unless you have had any new ideas. I hope all goes well for you on Tuesday - I hope you're long finished by the time I get there. Let us know how you got on:)

So... I'm now putting together my paperwork for Tuesday. My head's spinning - I thought I had all this under control but since the OFT case I've lost it! I'm following the guidelines written by Gary H in Feb under 'got a court date'. A few questions... 1. Is this still thought to be the paperwork needed? Any more advisable? 2. Is the 'lincoln abuse order' still useful - I've cut and pasted but it doesn't look very official on it's own. 3. Do I need a Witness Statement for Allocation hearing? I've got a pre-lim hearing but the case has already been allocated to the small claims track. Any help would be good guys - I'm going round in circles not sure if I understand any of this any more. Thanks

It all seems so long ago - I have a lot of rereading to do! Thanks again

Thanks Slick! Felt much that way re BLT - I've been very quiet and hope they've forgotten I'm still waiting for MY MONEY! Bundles haven't been asked for at all which is why they're no further forward than when I started them in July. It looks like I'll need to update my POCs as I submitted on MCOL. Any point in completing and copying them? Also applications for removal of stay x 3 - I can hope! 'Notice of Preliminary Hearing Take notice that the PRELIMINARY HEARING will take place on 23 October 2007 at 2.00pm at Croydon County Court.... When you should attend 14:00 has been allowed for the PRELIMINARY HEARING Please Note: This case may be released to another judge, possibly at a different Court. THIS CLAIM IS ALLOCATED TO SMALL CLAIMS TRACK.' No info at all really as to why it's a prelim hearing, but I see that someone else has a similar story with Croydon CC this week.

After a very long wait, I'm now looking at my prelim hearing next week (tues). I rang the court to ask what I needed to take with me and the lady there was quite off-hand saying to take 'everything I would be using in evidence'. Is it still advisable to take along my whole bundle? I've forgotten what's in it now! It's all very frustrating - I know it'll be stayed and all the time and effort now is almost pointless. There do seem to be some cases still being settled though...? Any point in contacting litigation team at this stage? All thoughts and advice welcome, thanks!

I only hope they're still feeling that way when I have my prelim hearing on Oct 23rd! (Some hope!) Am I right in thinking yours is NOT a prelim hearing? Good luck!

Every little bit helps! I'm not sure that the other banks are taking it as far as Barclays... Hope not for your sake! Get the longest one out the way first. Exciting stuff - new place, new business! Good luck with both! We've been here 10 years (gulp!) and it still doesn't seem to be coming together decoration-wise - traumatic few years! Got it all planned in my head tho! Hubby's keeping out of the way! Thanks for offer on bundle stuff - I'll let you know

court bundle for dummies peter-rabbit-barclays-success I used these last week when I was preparing my bundle (still waiting for a date though so haven't done my statement of evidence yet). Good luck!

SSLLOOWWLLYY! My claim was transferred to my local cc on 21st June and I'm still waiting for any info - I'm nearby on Tues so may pop in and ask 'if they need paying for AQ'. I keep thinking it won't be long now - but could be another 2 months looking at the dates others are getting for Sept. Deep breath! Patience! Have you been spending yet? Or will you be going on hols?

Congratulations! So good to see people are still winning - long may that continue! Enjoy!

I'm watching with interest - I've now been transferred to Croydon from MCOL (about 3 weeks behing you I reckon). Keep us informed! Good luck!

Thanks again Saintly, brilliant references. Hope you enjoyed your tipple! I did - and overslept this morning! Thanks too Welshy - I did it! No mean feat either... One more document into the file! Not sure I'm up to rewriting anything tonight but hopefully I'm ready for action when I get my date, thanks guys!

Done most of my printing out - more thinking needs to be doing and personalising my statement of evidence but my brains' done in now! One question - I haven't got a printout of my MCOL application - is this likely to be a problem? Time for a tipple I think....

Sounds like you're at a similar stage to me. The AQ is usually dispensed with by MCOL but your local judge MAY require you to fill one in, also MAY ask for the fee whether you fill one in or not. I rang the court for clarification. I'm not sure about setting aside or staying - why would anyone want to delay any further? (Apart from B's!). I'm now in the process of getting together my bundle, mainly so I feel more in control and have a vague chance of understanding all that's in there! I've been using court bundles for dummies plus loads of reading - my head hurts! Good luck!

:o Point taken! Thanks! Just omit an example of us going overdrawn even further then? Or put in the smallest I can find? (£30ish)

I'm working through my bundle - gulp! We are reclaiming paid referral fees and when we went beyond our overdraft agreement we way exceeded the £25 fee. So, in my statement of evidence, is it better to omit the 'breach of contract' paragraph as I'm not sure I can argue the charge was disproportionate - even if it was as a result of so many charges causing us to go so far overdrawn..? Help!

Thanks again Saintly, I'll have a look at these. I've been bookmarking things for a few days - I just hope I can find my way through it all (and then understand it!). Me thinks I need to buy some paper and more ink cartridges in the morning!

I received a reply email from Sharon tonight thanking me for sending my documents. As we already know from this site, they are inundated with claims at the moment so she will be in contact a couple of weeks before the hearing date once she has assessed the merits of my claim. So, it looks like I'm starting to prepare my court bundle this weekend...

Cheers Dar£n! I've got all the letters ready / emailed. I've used your cover letter for the courts too - much better than the one I cobbled together after a couple of glasses of vino!

Lol! You obviously know more then!

dar£n slaps Katies bum Ooh! Er! So that's what's been going on! Is that how you know so much?