Help needed with Appeal V Barclays

[DonkeyB]

Yup. That will be fine. Feel free to amend anything to clarify - I'm half asleep! You're the one who has to understand what's in front of you tomorrow, so change things to your language style if it helps.

 

You are an LiP and you should get some leeway - they, however, should not.

 

I'm amazed they were stupid enough in their witness statement to refer to what was in yours - it's a direct admission that they filed their WS late, but it also proves they are fully aware of many of the deficiencies in their case, especially in regards to the agreement (or lack of). Carey can't get them out of that one. Nor can Rankine, but I half expect they will turn up at court with a print out of Rankine.

[DonkeyB]

Donkey don't talk yourself down your talent is clear for all to see and is appreciated as much as the rest in this corner many thanks again.

 

Have you ever seen a donkey blush? Not a pretty sight...

[clivey888]

Yup. That will be fine. Feel free to amend anything to clarify - I'm half asleep! You're the one who has to understand what's in front of you tomorrow, so change things to your language style if it helps.

 

You are an LiP and you should get some leeway - they, however, should not.

 

I'm amazed they were stupid enough in their witness statement to refer to what was in yours - it's a direct admission that they filed their WS late, but it also proves they are fully aware of many of the deficiencies in their case, especially in regards to the agreement (or lack of). Carey can't get them out of that one. Nor can Rankine, but I half expect they will turn up at court with a print out of Rankine.

 

Thanks again Donkey you go get a well earned good nights rest, I am printing these off as we speak. ta

[DonkeyB]

I am also very puzzled at the T&Cs sent to you. I have exactly the same ones - legible - so why Barclaycard had to fax them, I don't know, as HFO have used them before.

 

Shame they weren't legible, because they are faulty and almost certainly don't relate to your account. Mine had the punch holes in exactly the same place... and funny how the Barclaycard fax header had the wrong logo on it... you couldn't make it up.

 

Though I suspect someone did.

[clivey888]

I am also very puzzled at the T&Cs sent to you. I have exactly the same ones - legible - so why Barclaycard had to fax them, I don't know, as HFO have used them before.

 

Shame they weren't legible, because they are faulty and almost certainly don't relate to your account. Mine had the punch holes in exactly the same place... and funny how the Barclaycard fax header had the wrong logo on it... you couldn't make it up.

 

Though I suspect someone did.

 

Lol we both know what they've been upto, I was credit controller for a french bank for 8 years and you wouldn't believe some the things they use to do and yes they do doctor default notices i have seen management do it with my own eyes

[DonkeyB]

Regarding the Barclaycard DN they eventually sent.

 

Clearly it is a 'recreation', but if they are stating it is a 'true copy' then they are wrong.

 

The 'recreated' DN was also clearly from Mercers and should have had Mercer's address - it had Barclaycard's. Further, it suddenly included a reference to Barclaycard's address in the body copy.

 

All copies of GENUINE Mercers DNs you will find on the forum do NOT have Barclaycard's address on them. They never have had.

 

However, they still forgot to change the dates to give you 14 clear days!

 

'True copies' - if it comes up in court, ask their rep if the Barclaycard DN is a 'true copy'. A true copy should be just that - exactly the same content.

[clivey888]

Regarding the Barclaycard DN they eventually sent.

 

Clearly it is a 'recreation', but if they are stating it is a 'true copy' then they are wrong.

 

The 'recreated' DN was also clearly from Mercers and should have had Mercer's address - it had Barclaycard's. Further, it suddenly included a reference to Barclaycard's address in the body copy.

 

All copies of GENUINE Mercers DNs you will find on the forum do NOT have Barclaycard's address on them. They never have had.

 

However, they still forgot to change the dates to give you 14 clear days!

 

'True copies' - if it comes up in court, ask their rep if the Barclaycard DN is a 'true copy'. A true copy should be just that - exactly the same content.

 

Will do, Got these points in my little black book to go in my back pocket.

[clivey888]

donkey if your still there just double checking that hfo intra agreement is the one included in there witness statement ?

[clivey888]

donkey if your still there just double checking that hfo intra agreement is the one included in there witness statement ?

 

ignore me buddy me eyes are stinging just found it.

[DonkeyB]

Phew! I was in the land of nod.

[DonkeyB]

If the judge reaches a conclusion you do not agree with, remember to ask that he makes clear the reason for that decision in his written judgment. For example, if he says the agreement is enforceable (most unlikely), ask him to detail exactly how it is enforceable.

 

Good luck.

[clivey888]

If the judge reaches a conclusion you do not agree with, remember to ask that he makes clear the reason for that decision in his written judgment. For example, if he says the agreement is enforceable (most unlikely), ask him to detail exactly how it is enforceable.

 

Good luck.

 

Will do buddy, just about to set off now, wee bit nervous

[clivey888]

Case lost truly unbelievable home in 10 mins will let you know what was said and you won't beleive it

[DonkeyB]

I feel an appeal coming on already...

[clivey888]

Right then where do i start

 

The judge was changed from Carney and when i was told that i gulped, basicly set the tone for the morning, The judge was horrible trust me you couldn't of asked for a worse judge in every possible way.

 

This guy was opposite to what i've ever had in court he basicly agreed with everything HFO said and backed up everything she said followed by gunning down every point we bought up.

 

1) Credit agreement - Judge states that soon as we signed the application that constituted an agreement and the terms are the ones in the bottom corner refering to CCA act 1974 , yes that little box, He said that's all they needed if we didn't like shouldn't of signed.

 

2) Terms and conditions do relate and assumed we did receive and couldn't get into his thick head that we didn't so he ignored this point also.

 

3) HFO has got right to administer charges as above so again ignored our point.

 

4) With regards to HFO services and HFO Capital and the data license he states both owned debt so we have no case and then proceeded to ask what has the license got to do with our case, i tried to explain and he simply didn't want to know and kept cutting me short and moved on, I went back to this point everything Donkey and Vjohn have said and provided and he simply was not interested.

 

5) Here is my favourite he says PPI correctly charged because we didn't query it and because we signed the agreement we agreed to it (bollox) i tried explaining that all agreements have a box to tick if required or signature required if needed which neither was on agreement and was never asked for. He stated tuff you signed so wanted and if didn't want should of queried, I stated That partner never realised what this was and never noticed he ignored are pleas.

 

6) unlawful charges, Here i had her and him arguing with me that they are not unlawful and if we didn't like shouldn't of got card with them and should of shopped around, I stated that the test case was for personal bank accounts he said yes this is a personal account and charges are lawful again you don't like don't get card, Why have thousands of pounds been refunded including ppi then he stated that was down to there judge not me i disagree. (every swear word possible going through my mind)

 

At this point i was picturing strangling the judge and making him suffer in every possible way) I did however remain calm calling him sir and being very polite.

 

7) Default notice the one from HFO doesn't matter it never came from barclays it was sent and did allow 14 days as weekends etc do count, Also basicly said as long as they put 14 days on there it is correct.

 

8) Default from barclays not true copy ( He basicly didn't want know bypassed this point wasn't interested).

 

9) Never rec default notice, it was posted so i assume you did rec "end of"

 

10) claimant waited for defendants witness before administering there own, He might as well said SO WHAT again wasn't interested kept saying we was not at a disadvantage as the date was put back.

 

He then rounded off saying i deal with these everyday and i looked at your arguments and clearly every point made is not a defence and awarded costs with the interest to the hfo £2100 yeah he added a bit on top as he spotted they worked interest out wrong, Then states i can appeal to circuit judge blah blah bloody blah.

 

Guys can i reclaim these charges still and what about an appeal is it worth it, Where do i go from here ????

 

I am bloody fuming after that.[ Edited ] :mad:

 

Nearly forgot i asked for an appeal with regs to charges and the hfo issues capital and services and he point blank refused.

Edited June 7, 2010 by slick132
disrespectful, defamatory remark edited

[clivey888]

I have 21 days to appeal to circuit judge by the way, I am so bloody angry right now it hurts.

[DonkeyB]

The judge has seriously misdirected himself, so an appeal is a must. He is blatantly wrong on points of law.

 

It would assist you greatly to get a transcript of the hearing; this will cost maybe £150-200, but it will be very useful.

 

You have a limited time to appeal. In the meantime, I think we should post up the additional statement we produced, together with another copy of the HFO WS, so Caggers can understand the flow.

[DonkeyB]

The next thing is to stay calm. This happens a lot, sadly. It ain't over yet.

[DonkeyB]

Seriously misdirected...

 

If, for example, the judge said they both owned it, then both should have been joined in the action.

 

He has also clearly confused credit card charges with bank charges.

 

Welcome to the judge lottery.

 

We'll walk this at appeal, as I can't see a circuit judge falling for the HFO claptrap.

[clivey888]

Donkey i hope your right, At this point i am at a low gutted as i seriously thought we would win, I will get all posted up in a bit just need to calm the nerves down for an hour.

 

And for the record the judge stated he knows we use the internet for help and told me not to believe all we read here as he doesn't agree with it.

[DonkeyB]

[ Edited ]

 

You have every right to use any means at your disposal to defend yourself. Looks like you came up against a prehistoric example of the species.

 

Did you remember to ask the judge to give reasons for his decisions in the written judgment?

Edited June 7, 2010 by slick132
disrespect to the judge will not help OP

[clivey888]

[Edited ]

 

You have every right to use any means at your disposal to defend yourself. Looks like you came up against a prehistoric example of the species.

 

Did you remember to ask the judge to give reasons for his decisions in the written judgment?

 

I was so mad that i forgot another downer for me sorry.

Edited June 7, 2010 by slick132
edited the quote as per original edited post

[clivey888]

Donkey what has happened to vjohn he has dissapeared, Would like to know what he thinks about this.

[DonkeyB]

He's away till 15 June.

[banker_rhymes_with]

Appeal!

 

Cheers,

BRW