Thedavidol v Barclays

[THEdavidoL]

Barclays defence and counter claim in respect of:-

 

loss caused by barclays bank in direct connection with their interference with an insurance claim which resulted in the payout being reduced by £93,000.

 

this was in persuant of their attempt to prefer themselves as direct unsecured creditors in advance of secured creditors and debenture holders.

 

the company had a winding up petition against it for £20,000 and was looking forward to receiving £123,000 from and insurance payment.

 

it is important to note that the winding up petition was not published.The bank had priveledged information that should have been protected and not disclosed without consent by the directors.

 

the bank manager contacted the insurance company (broker) who he had pre personal knowledge of and informed them that for protection of funds the bank would assist in the payout being paid to an account that had not been opened yet.New Co,concept created by the bank.

 

the bank was involved in littigation with myself for over 3 years and in part accepted an offer for me to pay 15% of the total debt claimed by the bank under its personal guarantee being £50,000.plus costs and interest.

 

the bank suddnly brought the case against my company that was completely un involved with these matters forcing it to close.

 

the bank closed my new Ltd Co bank account and then changed their minds.

 

the bank closed my personal account and then appologised by saying that they had not given me notice.

 

the solicitor started serving claims and documents at several addresses but not the address that was my home and correspondance address.

 

I submitted a defence and counter claim for the sum of £100,000 and paid the fees.

 

the barrister acting for Barcalys contested this but I was successful in my hearing and it was filed as my defence and counter claim.

 

barclays were given 28 days in an order by the court to respond to me and the court.

 

i sent a copy of the defence and counter claim 7 days before the hearing to the claimant.

 

i sent a copy of the court order and a further copy of the defnec and counter claim to the claimant solicitor.

 

on the day that they should have responded 4pm 28th october 2008.They failed to serve and file on any address deignated by me in my defence,the court or any other address.

 

on the day i submitted an enquiry application seekeing guidance from the court.

 

I posted the application to the court and the claimants solicitor.

 

the court/ judge made order

the defendant is at liberty to request judgement for the sum claimed

 

I submitted my judgement request for the sum claimed.

 

the court ordered

the defendanton be awarded judgement in sum to be decided by the court.at a case summary hearing 21st Jan 2009

 

this was to be by way of conference call

 

i contacted the court and made arrangements that I would attend myself

 

it was orderd in the order of the 8th october that the claimants should arrange the confernce call with the court and the defendant.

 

they did not

 

they delivered an application to the court on the day of the hearing trying to set asside my judgement.

 

the judge definatly favoured the barrister and solicitor on the confernce call whil i was in court.

 

i was not served with a copy of the application untill the day after the hearing by recorde delivery.

 

the claimant pleaded that they had not received any defence and counter claim or any of my application for judgement.

 

i stated before the cout that i as a littigant in person telephoned the courts chsing any orders on both sides and i considered it ditifull of solicitor to do so.

 

the judge put this to the claimants.

 

there answer was

 

its not apoicy of the firm to call the courts seeking orders.

 

the judge accepted this,but he did not set my judgement to the side.

 

he ordered that I had 21 days to submit why this application should not be accepted.

 

if i had libert to read their application in advance or on the day I would have found two emails included in their application fro the barrsiters PA.

 

detailing that she had telephoned the courts on the day after my defence and counter claim had been accepted,she relayed the contents of the order and the time for them to respond in the email.She forward dated to call the courts in 14 days to chase actual order.

 

14 days she called courts and got a telephone actual account of the order which she realayed in 2nd email to the barrister.Then there is photo copy of the order.

 

clearly barcalays solicitor and barrister are trying every trick in the book.

 

I the got a letter from the barrsiter saying that the application had not been served corectly so she would serve another one by the 2nd of Feb 2009.

 

This is the date given by the court so i have 21 days upto the 23rd feb 2009.

 

how can i respond to something i have not got.

 

can i use the application served at court and served at me with the disclosed emails confirming that they were fully aware of the defence and counter claim and the time limits to respond.

 

sorry about spelling and thank you in advance for any consideration of these matters.

[saintly_1]

Hi and welcome to barclays

 

I have moved your post to a thread of its own as you hijacked someone elses thread

[slick132]

Hi TheDavidol,

 

As this is an unusual case, I'll flag it up for attention of the Site team to see if someone can offer some guidance.

[THEdavidoL]

Hi and welcome to barclays

 

I have moved your post to a thread of its own as you hijacked someone elses thread

 

does that mean i am a forum terrorist....yikes

 

thanks for your help.

[THEdavidoL]

Hi TheDavidol,

 

As this is an unusual case, I'll flag it up for attention of the Site team to see if someone can offer some guidance.

 

that great,i am trying to navigate the forum and at the moment i could fly the shuttle sooner.

 

any further help or guidance that you can offer would be fantastic.

 

thank you

[slick132]

You'll get used to it son enough.

 

Take a look here. You may find cases of interest - Legal Issues - The Consumer Forums

 

Stick to this thread when posting just now as having several threads dotted around confuses things. If the thread needs moving, we can do that for you.