Cheers Matreb. Your assistance was very helful on the day. Barclay's are using a lawyer called Colin Passmore, I have done some transaction analysis on his persuasive style, beware that he has a wish to use an aggresive Critical Parent stance to force his opponent into a Adapted Child stance and manipulate into a lesser settlement, this seems to be the only trick in his arsenal and he seems to be a one trick pony. I believe that a simple reiteration of the original request plus subsequent costs is the best strategy to counter his style until he and his client plays like grown ups and allows an adult conversation and a colaborative settlement to be achieved i.e. the bank identifies and repays all unlawful charges with any susequent intrest. In every offer there is a judgement and a threat and the use of expert evidence will easily identify this as a non co-operative action. Given that this is not a reasonable way for him to make an offer to the claimant it is defenately worth recording the conversation as justification for not accepting any offer until the original amount requested is offered.

I felt the judge was about to describe the unauthorised interest rate as a penalty on top of the authorised rate but stopped himself before doing so. There was someone in court recording everything and I would expect that details will emerge in due course but I was too busy keeping the case running to get the detail. The gist was that it should elude to all intrest charged on the account due to the charges and that the banks should work it out and add the 8% on top. The judge also suggeted that the banks pay all costs for a trial case all the way. I will try get hold of the detailed notes as there was alot of learning and insight in the judges summing up of the case.

2 people walked out of the court without a settlement, we need to look closely into the wording regarding the contractural rate of interest the judge made suggestions of how it should be worded, also the higher rate of interest is a (cough went the judge) charge. I can't speak for the other fella but I settled the same day. Mr Passmore was exceptionally annoyed to the point he couldn't hold a civil tongue in the scramble to get details after the case was adjourned.

I believe that the courts are trying to throw cases at this to get some through to the next stage, if this is the case the judge may bundle the whole lot and keep adding cases as quickly as they are settled to keep the greater case in court to the end. Hence the 3 days notice of hearing some people had. See you all tommorrow

Hey Tony your letter is on it's way can you guess what it says yet??? He must read this.

just writing my rejection letter for Barclays, will post with CMS and arrive at the same time as I do in court. Can I copy the judge in on it. will include something about Barclay's failing to put right actions susequent to this action being commenced and the campaign of intimidation including the closure of the account and sale of the debt in dispute to a third party.

Well I have 7 days to consider Mr Lombardi's offer, I'll decide after the hearing as I have the option. I am unable to settle due to Barclays actions susequent to the claim being raised and unfortunately Barclays seem unable to undo their handy work. Don't want to cry wolf but do we have any friendly barristers that can be used if this goes to court. I wouldn't want to make a mess of the precident.

I know, Barclays making thiongs up still

then we shall attend court, they told me they weren't applicable to the small claims court, so the high claims court stamp means what?

My calculation is that Barclays should now pay the preperation costs and remove any default from my credit record. Am I being unreasonable in this request? I need a court judgement to get the defaults removed so I must proceed.

is there a standard CPR59 form for this as I can't make head nor tail of the one I have

well the way I see it they might find it hard to settle now, they have created more problems that need resolving prior to a settlement and they may wind up in court if they don't cough up first.

So how many of you guys are coming to the party in Leeds then (7LS40013). I told Barclays that we could discuss the overdraft on the account in queston once they had settled the case and they even agreed once that this seemed sensible but all of a sudden they are back on with threatening letters and phone calls. Can I submit these to the judge as it may be contempt of court?

at least they acknowledged i'm at MCOL and they still aren't playing.

The £160 was a unsolicited gesture of good will. I will prelim the original account for the interest differential and once that is settled then start on the new account. Probably start with the police as a fraud case.