Barclays ...Just back from Court ***WON***

[herbie171]

Just back from court

 

I argued that the application sent was illegible judge agreed

I also argued that the T/C were in a separate document the judge agreed.

I also argued that the prescribed terms were missing ??????

They argued that the prescribed terms were on the back of the agreement and asked for an adjournment, this was granted with the judge saying they had to file a witness statement by 17th July from a Barclays Bank employee stating that the prescribed terms were on the back of the application presented to the court and that they should not be penalized for not producing a clear copy or the original

 

Another question who pays for todays hearing as they gave me a cost sheet for about £3800 plus more for the day and then they wanted the adjournment

Edited June 17, 2009 by herbie171

[BankFodder]

If you believe that the prescribed terms and conditions were never supplied to you then you should file your own statement - signed as an affidavit in support of this.

If there are opposing statements on this issue, then your should prevail as yours sill be firsthand evidence and also they will not have any real supporting evidence to the contrary other than a witness statement which will not be based on actual knowledge

[herbie171]

If you believe that the prescribed terms and conditions were never supplied to you then you should file your own statement - signed as an affidavit in support of this.

If there are opposing statements on this issue, then your should prevail as yours sill be firsthand evidence and also they will not have any real supporting evidence to the contrary other than a witness statement which will not be based on actual knowledge

 

This is the alleged agreement

http://i619.photobucket.com/albums/tt274/corinadeva/img003_edited-1.jpg

 

They claim the P/T were on the back

 

I will post the ruling when it is sent from the court

[herbie171]

As promised the court ruling

 

 

http://i619.photobucket.com/albums/tt274/corinadeva/img025.jpg

[herbie171]

Another question, while sitting waiting for the hearing to start, the barrister representing the other side came over to me and started to mention his costs,I butted in and said I was not interested in your costs and to go away, but why would he do that ????

[havinastella]

Another question, while sitting waiting for the hearing to start, the barrister representing the other side came over to me and started to mention his costs,I butted in and said I was not interested in your costs and to go away, but why would he do that ????

 

To frighten you

 

I'd love to know how they got the T&C's on the back of that form as it's a mailer.

 

JOgs

[herbie171]

To frighten you

 

I'd love to know how they got the T&C's on the back of that form as it's a mailer.

 

JOgs

 

I was right to tell him to go away then, have to agree about the mailer lets see what they submit by the 17th July

[herbie171]

What does number 5 mean in the order ?

[sillygirl1]

A skeleton arguement is a list of the reasons you are fighting the claim, you literally list the problems in order and don't put in any legal stuff. Ie

 

1. On xxx date I received exhibit a from xxx company

2. The facts in the document are incorrect (list the problems)

3. Any costs to be paid by the claimant as they have brought about an unsubstantiated claim and have caused stress and anxiety ato the defendant.

 

That is just a brief example, but you do need to state costs to be paid by the claimants just in case...

[herbie171]

A skeleton arguement is a list of the reasons you are fighting the claim, you literally list the problems in order and don't put in any legal stuff. Ie

 

1. On xxx date I received exhibit a from xxx company

2. The facts in the document are incorrect (list the problems)

3. Any costs to be paid by the claimant as they have brought about an unsubstantiated claim and have caused stress and anxiety ato the defendant.

 

That is just a brief example, but you do need to state costs to be paid by the claimants just in case...

 

Thank you very much

[B3rty]

Have a look at SI 1883-1553 Section 2 Form and content of regulated consumer credit agreements...especially paragraph 4

[herbie171]

Have a look at SI 1883-1553 Section 2 Form and content of regulated consumer credit agreements...especially paragraph 4

 

I will, where do I find that to read please

[B3rty]

Hi

You can find a copy here

 

http://www.check-my-debt.co.uk/uploaded_files/CCAR-SI-1983-1553.pdf

[herbie171]

Thanks B3rty

[Beck1968]

subbing 100%

[Stubie]

subbing 100%

 

Mee too.

 

Good luck;-)

[herbie171]

Could someone please explain Subbing ????

[Stubie]

Could someone please explain Subbing ????

 

Subscribing - it means I am interested in the content of the thread.

 

By subbing, I get automatic notification of any new posts on the thread. I cann keep up to date on the activity without trying to find this thread again. It registers in my profile and I can link directly to it

 

Hope this helps.

[pol76]

Subbing this looks very interesting how the bank are going to fit T&C on such a piece of paper

 

all the best

pol76

[PGH7447]

Go for it Herbie - good luck

[babybear39]

Subscribing with great interest, been linked from another thread.

[pt2537]

What does number 5 mean in the order ?

your skeleton argument is the legal argument you are going to employ in the matter. it often will contain extracts from legislation and also case law , especially with the fact this is a consumer credit agreement claim

[herbie171]

If you look at post #4 you will see the court order,if you read #2 it must be complied with by 4pm the 17th July, what happen if they don't ? and what should I do ?

[Having_A_Knightmare]

Cant believe what I am reading again about Judges.

 

Clearly the copy of the agreement is a microfiche copy and if the perscribed terms were on the back they should have been copied.

 

Who in the right mind at Barclays is going to put there head on the block and say the terms were on the reverse?

 

If they are foolish enough to do so I would demand they attend Court so you can cross-examine them!!

[herbie171]

The judge ordered that a witness statement from a person who had worked for Barclays Bank be submitted by Cabot who could testify that the P/T were on the other side of the application,

 

This was to be done by the 17th July 4.0pm. Today this arrived alone with a statement saying this is a copy of the application that was signed

 

http://i619.photobucket.com/albums/tt274/corinadeva/050.jpg

 

It is now getting farcical.

I have been given the chance to resubmit my defence and would really like some help please