mummybird V Barclays

[tonycee]

do you think I should go to Cardiff and try and sort it out. Presumably one can see members of staff of approriate departments without an appointment.

 

Absolutely.

And the sooner the better.

I would be inclined to phone and make an appointment if you live an inconvenient distance from the court.

 

From what ive read, this is not the end of the matter by a long way.

Tell me if im wrong, but havent you received an application from Bs requesting "set aside".

I cant see that this has actually been granted by the court yet.

 

Huge difference.

 

I think your case depends on you proving the courts have failed in their responsibility to forward your amended poc properly.

And the N224 that you say Bs admit to acknowledging.

I think they will be most accomodating when they realise their mistake.

If they have made a mistake at all. Im inclined to believe Bs received,but mis filed. (we will never know)

Make a list of what you want to ask them.

Be prepared, polite, but firm.

Dont take no for an answer.

Goodluck.

[mummybird]

Thanks Tonycee

Barclays say they didn't receive an amended POC, and therefore they didn't have an opportunity to file a defence.

But when they received Judgement for Claimant (in default) how did they then know that it was regarding an amended POC, if they hadn't received it????

I've had no paperwork from the court yet, only a photocopy of their N244

sent direct to me from Barclays.

[tonycee]

Barclays say they didn't receive an amended POC, and therefore they didn't have an opportunity to file a defence.

But when they received Judgement for Claimant (in default) how did they then know that it was regarding an amended POC, if they hadn't received it????I've had no paperwork from the court yet, only a photocopy of their N244sent direct to me from Barclays.

 

How indeed. ?

You have to make things happen now.

If you wait, their application will allmost certainly be granted, which would seriously delay proceedings.

Their application will go in front of a DJ for consideration, if you get all your details in first as to why no such application should be granted, then i am quietly confident that a DJ will side with you.

I think Bs are tripping themselves up here, but with the system in serious overload, it wont be blatantly obvious to anybody except us.

Unless you make it obvious to the court that is.

You know what you have to do now.

Good luck.

[mummybird]

S o, If I get my paperwork together - with all the events typed up neatly in date order and go to Cardiff tomorrow do you think I shall get another form of some sort from the courts to "challenge" Barclays's application to have it set aside.

[tonycee]

S o, If I get my paperwork together - with all the events typed up neatly in date order and go to Cardiff tomorrow do you think I shall get another form of some sort from the courts to "challenge" Barclays's application to have it set aside.

 

I think you should talk through your options with a supervisor.

Not a clerk.

They also have a duty of care.

 

I believe you will get a form to oppose their application anyway, when the courts receive it from Bs .

I dont think you can challenge an application that hasnt been received yet.

 

What we are trying to do here is swing the balance advantageously in your favour by pre empting any move from Bs.

 

We are going into new territory for me here, i dont want to give you any wrong advice, so i think the courts will have the best advice.

 

On a common sense basis, i think Bs will have to have a MUCH BETTER reason to have the judgement set aside than the reason given. One that you can clearly prove is a lie.

[slick132]

Hi MB,

 

Playing devil's advocate here - What the judge told you in court and what he sent out in Orders on N24, item (2) "2. The Defendants shall file and serve an amended Defence within 14 days of re-service. ", were two different things.

 

In post #6 earlier, you confirmed what the order said and I asked if you had " ....sent in a revised POC as the judge gave you leave to do this....".

 

I think this was overlooked and fear Bank may get away with this on the technicality.

 

I hope I'm wrong and you should certainly keep trying as Tony says. I'm just saying it may fail because of the above.

 

Regards, Slick

[olden]

Hi MB I agree with the others, if the situation IS as you say then you are in a good position, with regard to insisting on seeing someone tomorrow. As the clerk told you it IS their responsibility. Ask if they will show you proof they sent it to Barclays and you are entitiled to a copy of that proof. Barclays are either really inefficient or extreme liars.

 

GO FOR IT I think you are in a good position,

[olden]

Really hope this works out for you MB - Im a bit confused though as I also updated my POC/SOC, sent in 3 copies to court and also one off to barclays. Got general form judgement back from court, 1. leave granted to amend particulars of claim, 2. case thereafter stayed. I havent done anything. but I didnt get anything back stamped, so just assumed that was it, wondering now if I should have sent the amended POC/SOC to barclays with a copy of the general form of judgement...

 

 

Hello there Jenny It is confusing, because when you send 3 copies to the court they only require one for themselves, one for Barclays litigation and the other other one is for us. I normally send one to Barclays One to the court and keep at least one myself. I think that if you had given the court 3 amended POC/SOC they would definately have sent one to the bank ? NO harm in making a fuss see if you can get somewhere eh??

[smutley]

Hi Val, Im going to ring the court as still not heard about my stay appeal, so will ask about the POC/SOC as well - Slick has been reallly helpful over on my own thread..... I do hope Mummybird gets this sorted with court when she goes there but its like our court has joined forces with barclays - have you appealed against the refusal to stay yet - sorry to hijack MB thread here... will copy and and post on Cardiff thread

[mummybird]

Spoken to Cardiff this morning.

Explained everything to Listings office and they agreed if Barclays had put in their defence on their N244 that they were not re-served with new POC

how did they know?

They asked for it to be set aside without a hearing, but the girl in the Office said it would have to go before a Judge and she would "red tag" it as urgent.

I will be informed of Judge's decision and have opportunity to appeal if neccessary.

 

I still think that the matter hinges on the statement on General Form of Judgement.

"IT IS ORDERED THAT

Leave to Claimant to amend Particulars of Claim in accordance with the draft lodged at court which shall be re-served by the court"

She said it should only take a couple of days to go before the Judge.

I did ask if I should come to Court to discuss this with a Supervisor and apparently this is not possible.

[olden]

Hello people. Today I received a court letter 'NOtice of Hearing Application' in response to my appeal !! This is what it says:

 

The hearing of the claimant's applicaiton for Oral Hearing RE: Refusal To Remove Stay(see copy attached) will take place at 10.30am on the 19th October 2007 at Cardiff County Court, Cardiff Civil Justice Centre, 2 Park Street Cardiff !!

 

Whats next?

[slick132]

Hi MB,

 

Apologies, my reply at post #56 was wrong.

 

Now I see the full wording which wasn't posted previously " which shall be re-served by the court ", I agree that the bank defence to have your judgement overturned is taurus excretum.

 

If the judge doesn't come back in your favour, you certainly should object and put your case at a hearing.

 

This will probably be more productive that talking with the inaccessible Supervisor who really is just part of the back office.

 

Keep us posted, Slick

[slick132]

Olden, I've replied on your thread, Slick

 

[mummybird]

I have been looking at the thread "WON AFTER OFT"

Still Barclays are settling cases. So decided to ring Thomas Hickey and ask why some were being settled and not others and was this some kind of lottery Have to say he was quite pleasant. What he basically said was he hadn't received my N24 General Form of Judgement" He said they were only paying out when they had made a mistake. He admitted they were bogged down with paperwork.

Said if the court had sent the new POC by recorded dlivery it would be different. I said you know the Courts don't used recorded delivery.

Anyway I said I will see you in court.

[olden]

This is the problem, they are liars, it is probably filed away by his clerks, why would the postman selectively not deliver it, how do the court orders always manage to turn up at our door? Anway it should be open and shut case, the judges know and everyone knows, the penalties are illegal and the law is doing nothing. If that was you or me, jo public ,we would be locked up long ago!!!

[mummybird]

Thanks Olden- I agree with you

Shall have to wait and see. Off course just our luck another postal strike over the next week. I think I'll ring the court everyday.

Do you think thats sensible?

[smutley]

MB. in case you didnt have the email address for Cardiff County Court

its [email protected] Ive just emailed them for the first time, you could email them and phone them it might help!

[olden]

Hi mummybird Yes I think thats sensible you have nothing to lose and possibly everything to gain. I also have just read that post of GARYH and now I am worried because my claim was started on MCOL and when Barclays put in their defence, they used the carbon copy wording, including the part about quote" point 1 the Particulars of Claim do not provide details or particulars of the account in question, or the precise charges alleged to have been unlawful or the date thereof bla bla "

 

well of course I had already supplied them with all these particulars and details and the precise charges, but does this now mean that because they were not all listed on the MCOL claim I have a problem? Bear in mind that I immediately wrote a letter answering every single one of the points shown in the defence. but will a letter be adequat:confused:

[slick132]

Olden - see reply on your thread.

 

Slick

[olden]

Hello slick, well I went on over but I can't see a new reply, only the 1st oct.???

[mummybird]

Update from me. Today received a Notice of Hearing from Court for Tuesday 23rd.October. OMG next Tuesday. As you will know from my previous posts Barclays are defending on two counts - didn't receive amended POC and OFT stay.

I think I have the "didn't receive" sorted in my mind, but should I be preparing the full bundle re lifting of stay as well?

If so, I've got to shift my a....... I have to take my 82 year old mother to have all her teeth out on Thursday and go to a funeral in Devon on Friday.

HELP HELP. Its not funny - says me laughing hysterically

[olden]

no its not funny, I can honestly sympathize, looking after baby granddaughter and father inlaw 95 in hospital, it's becoming a nightmare all this paperwork, our hearing on friday, just finished all byndle, have yo seen Zootscoot ref to the bundle for stay ?

[slick132]

Hi MummyBird,

 

Got your hands full then !! LoL

 

My advice is to go ready to argue your case re POC as best you can. Concentrate on this and be clear about having done all that you should, and that bank HAVE rec'd POC despite what they've said.

 

Personalise for your case, and take 3 copies of the ordinary anti-stay docts from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 Take this to court to avoid stay.

 

This is just my opinion. I don't think you'll avoid the stay if that's what the judge is going to do.

 

If you get through THIS week, next week, even WITH court, should be a doddle.

 

Good luck, Slick

[mummybird]

And of course there's the Grand Prix and Rugby on Saturday. Right- on the case now, if I can keep my internet connection going. It's a nightmare in the valleys with phone, internet, radio etc. Never now from one minute to next when I connected to anything.

Thanks for your advice, once again everybodies help moves me to tears!

[slick132]

MB,

 

Talking of Grand Prix, who does your OH want to, or think will, take championship.

 

You never replied to my PM about fixing up MY roof. Take that as a no then. LoL;)

 

Slick