Stays still being ordered by the Courts

[David JOhnson]

Not sure if they have notified the court, I have in a letter I'm sending them.

 

Now next on my list Alliance & Leicester hee hee

[JonCris]

David make sure it is copied to the defendant then they can't claim later that they didn't know what your talking about

[lelole]

Hi

 

I've got a full settlement now too, after two stays and several letters. The court date was set and they sent an offer to settle around the time they needed to get the paperwork in - guess they couldn't be bothered to put it together as they weren't intending to go to court anyway!

 

I have verbally agreed today their offer for the full amount, although I have told them I will be crossing off the confidentiality clause!

 

Once I have received a cleared cheque I will inform the court that they have settled!

 

Just goes to show that it's worth continuing the fight...the case can;t be stayed forever!

 

Here is the letter I sent the judge after the second stay if it is any use to anyone, as I didn;t want to have to pay the money for an application. It got the message across as I got a court date as soon as the stay expired...:

 

Dear District Judge XXXXX

I respectfully request that the further stay for settlement, which was ordered on the 4th October 2006, be removed.

It is submitted that the Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. There is no complicated issue of law. The common law relating to contractual penalties is settled law since the late 1800s and has been reinforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999 which itself is the result of a European Directive.

The defendants, Barclaycard (Barclays Bank PLC) have already settled 5 similar cases in the last two months. I am aware that in the majority of these cases the defendant has actually filed a defence and returned the allocation questionnaire, obliging the claimant to do the same. In each case Barclays settled the matter before the hearing. I have attached a list of these cases for your perusal. (Which I got from the site)

I have attempted to contact Mr Jeremiah, representative of the defendant, on several occasions since the initial Stay for Settlement was ordered. My attempts by email, letter, and telephone have elicited no response. Although the court ordered sufficient time for both parties to enter negotiation the defendant has declined to do so. I am unsure as to why the defendant would ignore my attempts at contact, but do not imagine that an extension of the Stay Period would produce a satisfactory result under these circumstances.

If the court does agree to my request for a removal of the stay, then I respectfully request that the case be allocated to the small claims track but that the defendant be ordered to make a standard disclosure. It is submitted that an order for standard disclosure will assist greatly in bringing these and other similar claims to a speedy and just conclusion. The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves issues of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges.

 

good luck one and all, am off to enjoy the fruits of my labour (and labour it was, I started the process when I was three months pregnant, my little girl is now four months old - and she was late!!!)

 

lelole

[David JOhnson]

Anyone any idea what is a reasonable amount of time to wait from signing the agreement and actually receiving the money?

[lelole]

Basically whatever you think is reasonable... How long have you waited?

 

I would make it clear that you will not withdraw your claim until such time as you have recieved cleared funds from them. That should help them keep thewir eye on the ball!

 

Leah

[David JOhnson]

Letter dated 3rd Jan.

I signed and posted back. No sign of the money yet!

 

Called them and they're gonna call me back!

[David JOhnson]

Just got a call back and the money went into my account yesterday?

 

Will see if it shows up tomorrow and if not, another phonecall is in order.

[David JOhnson]

Money paid and in account.

 

The payed it into a different account than the one stated on the settlement letter, doh!

[djtruesound]

i had my first court hearing today and i opposed the stay,

the judge informed me that i was the first one he'd spoke to who opposed the stay, he said that i'd get a hearing in the next available court slot.

but he also said that with me opposing the stay that it could be seen as unreasonable conduct...

ive now got to start building a full legal battle with full copies of the case law that im referring too!!!

barclarys didnt turn up to the hearing today, but the district judge said that when the 2hour hearing comes up there's likley to be a big legal team against me.

 

can anyone point me in the direction of where i can get case details from where a bank has been taken to court over this and lost????

help please, if i lose then the judge said i'd have to pay for there legal costs.. which compared to my claim would be huge(im claiming back £4230)

:???::???:

[poppynurse]

this is a very old thread, I would start your own thread as folk may not bother to plow through this long one