mummybird V Barclays

[tonycee]

 

That one in the car will win...

[mummybird]

Slickwilly,

Sorry about your roof - Kent's a long way from sunny Wales but will speak to my daughter. My OH comes from Broadstairs. We had a spell working as Housekeeper/Butler to a family near Canterbury.

My OH is obviously hoping for Lewis to win. He's had a tough time hasn't he? Now to get on with my paperwork.

[slick132]

Hi MB,

 

It's a small world innit! Only kidding when I saw about YOU working on roof. I'll do my own in time.

 

Fingers X'd for Lewis - I think he's had a couple of recent set-backs in an otherwise amazing and seemingly simple season. And if he don't geddit this time, he will v soon.

 

Now get on with that paperwork ! LoL

 

Slick

[mummybird]

I'm being good and doing my paperwork, but I've can't find the link that gives a list of settled cases for each bank - it gives claim no. date and amount. I found it once for HSBC - but no luck today. Can anybody direct me please?

[saintly_1]

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 just select what you need then print out

[mummybird]

Found it - thanks saintly

[saintly_1]

Good

[mummybird]

Can I ask for an opinion. I know we all think our own kids are the most brilliant,clever and loving in the world but......

My lovely Natalie has has a hard life - a drunken abusive father, an injury caused thro stepping on broken glass in the river, which eventually put her in a wheelchair at 17. A scholarship to a public school and studying at OU for a Science degree. An operation at 20 years repaired her injury and she's has razzed since then with drug and booze kids, and now a crusade to save old people from a life of hell in care homes. She bought her own house and ran into financial probs., always kept in touch with Barclays, but they s..... on her. What I'm saying is - Is there any point in trying to use the human angle with Judge Hendicott on Tuesday - I promise not to ramble but I know I can speak well, probably with a slight tremor (!!!) I do feel strongly about this - does anybody think its worth a try?

[olden]

What a lot she has had to put up with, she deserves to do well, trust Barclays to throw a spanner in the works! As much as I would love to say that the judge would be influenced by the human circumstances here, I am afraid even if he was, I seriously don't think the stay will be lifted, and thats not because of the judge, they have all been instructed not to pay out any more claims until the OFT case is resolved. Our judge went into lengthy details of the OFT case, and told us that even if he lifted the stay we would not get a hearing til after the case in January and even then that the OFT case will not end then, because it will go to appeal and the Lords and it may even go as far as Europe, all this could take up to 2 years, so I am not saying don't try, but be prepared for this. By the way don't bother too much about the taking the whole bundle, your skeleton argument and POC and witness statement, list of expenditure, copies of all correspondence, I think thats about the main things, ANYONE ELSE WANT TO ADD TO THIS???

[slick132]

Hi Mummmybird,

 

I've had a look back through your thread. You and daughter have done really well, given all the circumstances. However, my opinion is that this is not relevant to the case.

 

The focus here should be on you having fully complied with the court's orders and Barclays NOT doing so. They've tried to make out they never rec'd your new POC from court and THAT was the reason they failed to file further defence.

 

If the court sent out the POC, it should be deemed as rec'd by bank . In my opinion, the fact that they lost it or say they never rec'd it is THEIR problem.

 

THAT is how I would focus my efforts on the day because the human angle, as you put it, really has no bearing on the issues before court.

 

That said, having read your post, I wish you the very best and hope there is justice waiting for both you and your daughter.

 

Slick

[smutley]

Hi MB, wishing you best of luck on Tues. I agree with Olden, having been with her at our hearing Friday. We had judge hickinbottom, he was very fair and explained in great lenghts the pros and cons of the stay being lifted for us and quite honestly, what he said was correct. If you were to get stay lifted, the chances of full hearing before test case conclusion would be second to none so nothing to be gained. Dont be afraid to speak in your own language but you have to wait until he gives you the nod to speak. We asked for the penalty charges to be supressed until the outcome of test case, he asked the barclays solicitor at great lengths on this, her response was that it would be too cost effective for b's to do as they would have to check our accounts manually!!! he was not impressed with this ans but did not agree to it. Although we didnt get what we wanted, and he also understood that we had missed out getting our money as he agreed that before the test case b's were paying out he said that he would be writting to us with his full reasons for turning us down after he had heard a few more cases but that we would get the letter by next week. He also added that the letter would be to our benefit. As Val (Olden) said, dont worry too much about your bundle, barclays sol. did not even want mine so that was a waste of time, jot down some points that you want to get across - good luck xx jenny

[tonycee]

My lovely Natalie has has a hard life - a drunken abusive father, an injury caused thro stepping on broken glass in the river, which eventually put her in a wheelchair at 17.

Is there any point in trying to use the human angle with Judge Hendicott on Tuesday - I promise not to ramble but I know I can speak well, probably with a slight tremor (!!!) I do feel strongly about this - does anybody think its worth a try?

 

Good Luck Honey.

I so wish you and Natalie well.

Human angle ?, it sucks.

The banks have this sown up right now.

Give it a try anyway.

[mummybird]

Thanks everybody, for your support and kind words. I printed down the settled cases. There have been only two since August 14th. both for Syds mum on the 24th.Aug. No amount specified. I think there are one or two more and shall have a good look through the posts today and see what I can find.xxxxxxxx

[tezl]

hi,,

mine was in early sept.

good luck.

tez.

[mummybird]

Hello everybody,

Nearly there, should finish ahead of the Grand Prix! Shame about the Rugby yesterday. Just hope Lewis doesn't take any undue risks today.

A bit more advice needed.

I'm preparing my statement together with a timetable of events.

i.e date started (January), transfered first to Carmarthen then Cardiff. I think I've put all my points pretty well except for the following...........

Took my amended POC to Cardiff 8th June, did not get to see Judge until 9th Aug. How can I say that two months passed before seeing him and therefore went past OFT's ruling. I don't want to appear any way insulting to the Judge,but I think its important. Please reply to me before the Grand Prix.

[slick132]

Hi MB,

 

Sorry but how are you likely to insult judge here or am I miising something (again). lol

 

What a fantastic race - shame about the result !

 

Slick

[mummybird]

It was a shame about the GP, but something about two of the cars running on warm fuel?? on the news this am. It seems Mclarens are on the case and should their complaint be upheld, Lewis will move up two places and then be World Champ.

What I meant about my case was that it took two months after I filed my amended POC to get round to the judge seeing me- which seemed an awfuil long time and could have affected my chances, because it was after the OFT ruling by that time.Don't forget the Barclays B.........., is trying to get me on two counts - thry didn't receive amended POC and the OFT ruling.

[slick132]

Hi MB,

 

I heard that too - use of cooled fuel - don't see it changing results now though or when they finish investigation in a week or two.

 

Ok, I'm with you now. The point here is whether bank rec'd POC from court. If judge thinks they did and they then failed to respond in time, you should be given judgement.

 

Just put down the relevant dates on your timetable - judge can't be offended by that.

[tonycee]

I am sure the DJ recognizes the banks have put the system into overload meltdown and will take this into consideration if Bs try to use the non receipt of new poc.

[smutley]

Hi MB, in our hearing last friday, I pointed out to the Judge that we had waited so long for a hearing and then the test case was announced. He admitted that that was unfortunate and that the banks were paying out before going to court. So I would just say that! Good Luck x

[mummybird]

I'm back and banging my head against a brick wall - with a vodka in one hand and ciggie in the other.

I failed to beat the Barclays b..............

On the first count Judge Hendicott wiped the floor with Barclays when he said he hadn't rec.POC's. Asked him why he hadn't bothered to turn up on 9th.Aug. Little weasel said he couldn't say. Judge said "Why not?" Weasel said "Because I dont know". He told weasel I'd done everything correctly and he was very nice to me.

So you can imagine I was getting hopeful, but no

the Judge then said he still had to abide by the OFT ruling.

So I had little to argue about the POC's.

But I did make a few points about the set aside - based on our usual arguments.

The Judge then asked how much it had cost me today - I said just travelling from Port Talbot -- about £10.00. He ordered Barclays to pay these travelling expenses and the weasel even argued about that at length, which exasperated the Judge. I was scheduled to see Judge Carson today but it was changed at the last minute. Would Judge Carson have ruled differently I wonder.

As we left the building weasel tried to chat to me and said "I have a bank account too you know" I was speechless - thought of lots of thinks to say on the way home - to late!

Anyway folks - I'm trying to get myself together, even if it is under the table!!!

So thinking ahead - we know this rests with a High Court Judge. Is there a jury? Dare I say this? Do you think the masonic lot will be at work?

Can we get more publicity? Who will fight our corner.

Love to you all thanks for all your help.

[saintly_1]

Well done on your day in court mb ....... enjoy your Vodka its well earned sorry things didnt go your way they may have won this battle but they havent won the war

 

 

 

saint

[slick132]

Hi MB,

 

Sounds like you did yourself proud at court and the Weasel got a kicking. The £10.00 was a token gesture but a rather nice way for the judge to make known who he felt was right.

 

You were always going to be struggling to avoid the Stay today but you represented yourself and CAG very well. As Saintly says, your day will come.

 

Slick

[olden]

Hi MB don't bang your head too hard, weird isn't it how all the judges seem to be on our side, I thought they administered justice? wonder how they got their hands tied?

 

Well done you took on the big boys, piece of cake:D

[smutley]

my sympathies with you MB, seem to know exactly how you feel. At least you got a tenner out of b's, hope it accrues the 8% interest or did he hand you the cash! The experience will go round and round in your head for days, thinking if only I said so and so, but at the end of the day looks like we just have to sit and wait for the result of the test case next year xx Jenny