No Money V Barclays ***SETTLED IN FULL***

[pauldean]

I don't bloody belive this!

 

I sent of my AQ and court fee on the 26th Oct, I rang the court today to see what was going on and they said that they have not got it?

 

I sent it recorded so i rang the royal mail....

 

"sorry sir we don't know what we are doing :o , on my system it's shown as undevilvered but it's not lost until the 14th Nov!!!" (well i can sleep at night now knowing that it's not lost!)

 

Fantastic, so i ring the court back and i now have to go to the court to fill out a new AQ and give them a new court fee.

 

What's to point of paying extra to send something recorded if they can't even track it?, the kid on the other end of the phone said "we don't promise to deliver your post sir!"

[pauldean]

Well i've been down to the local court and filled out a new AQ and gave them the £100 court fee, I asked what date my case will be heard, they said about 15 weeks!

 

So about mid Feb 07' then... Gutted.

 

How long before they ask for my bundle? Any ideas?

[Welshman]

When I spoke to my local Court two weeks ago, they too mentioned 14 to 16 weeks but things have changed slightly in that Barclays cases in South and West Wales are now sent to Cardiff. there is a preliminary directions hearing scheduled for the 21st of December but whether mine will be listed in that remains to be seen.

 

Furthermore, when I spoke to the clerk regadrding the bundle, she said that if it was needed, they'd tell me when to supply.

[pauldean]

Rang the court today for an update.

The lady found my paperwork and said that the judge had looked at my case and made some notes on the file. The lady said that they were not easy to read but this is what they said…

The Judge has set a date for the 8th Jan 07 (At the moment)

The judge has sent off for a report by the OFT?

The judge is waiting for the results of a test case?

Test case? OFT report? Anyone enlighten me?

[pauldean]

Can anyone help?

[Welshman]

The Office of Fair Trading are looking into the issue of Bank Charges at the moment and are expected to report early next year so the Judge may have a bit of a wait.

 

There are test cases scheduled to be going on in several places but the Banks are yet to turn up at one. They are settling before it gets that far. So that's another wait for the Court.

 

Out of interest, what Court is your case scheduled to be Heard at?

[pauldean]

Ipswich county court (Suffolk).

 

So do you think that they wil just keep waiting and waiting for this new report then? I hope not.

[pauldean]

I recived a letter from the court today, I don’t understand it?

“All partries having agreed

District judge............ orders that this claim is stayed until the 8th Jan 07 to enable the parties to attempt to settlement.

On or before 22ns Jan 07, one of the following steps must be taken:

Either

The claimant must notify the court that the whole of the claim has been settled: (see note (i) belowe)

Or

The claiment or defendant must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and notifying any mediator, expert, or any other person helping with the process. The letter should confirm the agrement of all the other parties. (see note (ii) belowe)

Or

All the parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list a list of those issues shold be attached to that AQ. The list must be aggreed with the other parties and must indicate that is has been agreed.

Date 9th Nov 06.

Note (i), where settlemet of the claim is achived before the end of the period of the stay, the following will be taken to include an application for the stay to be lifted:

(a) an application for the consent order to give the effect to the settlement

(b) an application for the approval of the settlement where one or more of the partyies is under a disability: and

© the filling of a notice of acceptance of monies paid into court, or an application to accept ,monies paid into court out of time.

Note (ii), extentions to the peirod of stay will be no longer than 1 month.

Ipswich county court.

This order has been made wiothout a hearing under the courts case management powers contained in rule 3 of the civil proceedings rules. If you object you must within 7 days of the service of this order, apply to the court to set aside or vary the order under rule 23.(10). You must file with the court and serve on the other parties an application that sets out your reasons for objection."

What?

Why should i have to try and come to some sort of agreement with them, unlike most others on this site I only ever recived one letter from barclays (that was after the first request letter), since then nothing, no phone calls, no letters, no e-amils, no nothing.

How do I object to this?, i'm so angry at the moment, they have had months to contact me.

Please help an angry man....

[jonni2bad]

See this thread for help getting the stay lifted...

 

http://www.consumeractiongroup.co.uk/forum/general/16950-stay-here-application-grounds.html?highlight=stay

[adambark]

Hi pauldean,

I'm keeping a close eye on your thread as my hubby and I both have claims in with Barclays at Ipswich CC. We've handed in our AQs and now waiting for court dates.

Good Luck and keep us posted.

[michaeludell]

hello

 

how do i start a new thread??

[Michael Browne]

In Barclays?

 

Go here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/

 

Top left click on 'New Thread'

[pauldean]

Written a letter to the judge asking for the stay to be lifted using jonni2bads link, very helpful.

I attached a list of cases (with case numbers from the litigation concluded forum) that have all been settled in full before they ever got to court.

There are 474 at the last count, I couldn’t cut and past every last case number so I just made a list of the first 76 (this month and last) and explained that I can, if the court so wish, provide the claim numbers of the other 398.

I hope this works because I don’t want to wait until next year to get my money back.

Thinking about all this- it’s a joke…The county court system is supposed to be easy and user friendly- it’s not.

Has anyone out there had a stay lifted?

[pauldean]

As well as the above question- how do I get one of those nice little pictures by my name? I feel left out.

[Michael Browne]

Top left - User CP- Edit Avatar

[pauldean]

I have posted another letter to the court with a list of all the other cases this year (bar a few) that have been settled out of court.

I’m at work at the moment and the court is just round the corner so they will have two letters from me in the morning waiting for them.

Again- anyone had a stay removed?

[pauldean]

Good news:

 

Well I got the stay lifted at last!

 

Bad news:

 

I wish I hadn’t has I have to wait even longer than before, the lady at the court said the case has been listed with all the other bank charge cases! What sort of date am I looking at I said, end of Feb 2007 she said. Gutted. Just when i’m on holiday.

 

This is just getting stupid. Yes I am in a very bad mood today, just didn't expect that all this would be such a long process.

[pauldean]

I did try and chance my arm with antony lomeardi at Barclays to see if they would settle, well it worked for Welshman? :-|

 

Didn't work for me . He was a nice guy and said as soon as I have a court date then give him a call back and then they might look to settle once all the changes have been comfirmed on my account.

 

Just need the court to pull there fingers out now, why why why wont the courts do the right thing, they know that none have got that far so why why why don't they just issue court dates, that way it's off their books? i'm still so shocked at just how un-friendly this county court system is on the little guy.

 

Still not happy.

[Welshman]

I think it's important that no-one phones them UNTIL they get their Court Dates. If they get inundated by hopefulls before that they may spit their dummies out of the pram and stop settling by phone.

[pauldean]

Letter from the court: :o

 

The court has set an allocation hearing for the 2nd Feburary 2006.

 

It says that the court will either...

• stay the claim pending a test case involving the defendant.
  
• give directions for this case to be made a test case and if nessessary allocating the claim to the multi track for that perpose.

It also says...

• not less than 14 days before the hearing the defendant must file with the court and serve upon the defendant details of any test cases, the decision of which will determine the issues in this claim or draft directions for this case to go ahead as a test case.
  
• the claimant can make any representations to the court not less than 5 days before the court date.

Thats good right?

 

What do i do now, should i ring Barclays and see if they will pay at last, make representations? If so what representations? What is an allocation hearing anyway?

 

A bit confused now.

[mcuth]

An allocation hearing is basically for deciding what court (County Court, Mercantile Court) & track (small claims, fast or multi track) that the case is going to be allocated to. I believe that the judge can also make case directions at the allocation hearing too - certainly seems that way from your court communication.

 

As far as I understand it, "make representations" usually means sending written arguments to the court for them to rely on if you can't attend the hearing. So, if you can't attend in person, you've got until ~27th Jan to get your representations sorted & into the court.

 

Remember, you can always ring the court if you're not sure - I've found my local court very helpful to me as a "litigant in person".

 

BTW: "not less than 14 days before the hearing the defendant must file with the court and serve upon the defendant details of any test cases" - defendant filing & then serving the defendant?

 

Cheers

 

Michael

[pauldean]

Yes i didn't get that last bit either?

 

So, do nothing and just wait until that court date then, barclays wont turn up- will they? and again, should I ring them and try and force them to settle?

 

All my prperwork has been ready for ages now, it's been sitting near the window side so long now the paper has gone yellow

[mcuth]

Yes i didn't get that last bit either?

 

Ok, you really need to get the court to clarify that then...

 

So, do nothing and just wait until that court date then, barclays wont turn up- will they? and again, should I ring them and try and force them to settle?

 

It's up to you really - I don't think you can "force" them to settle, but it looks like it wouldn't hurt to give them a gentle nudge towards settling before the court date...

 

Cheers

 

Michael

[pauldean]

I would ring the court but there's a problem with that... they don't seem to have a clue what they are doing!

 

The phone rings for 10 minutes....

 

After getting though to a 12yr old you ask a simple question and she keeps you on hold for ten minutes again and then answers "i've asked the girls and we think that we don't know maybe errrrrr yes thats right i'm sure we don't.. thanks, can we help you with anything else sir?"

 

Anyway, I will ring back and closer to the time i might ring that man from barclays to see if he will play ball.

[mcuth]

I would ring the court but there's a problem with that... they don't seem to have a clue what they are doing!

 

The phone rings for 10 minutes....

 

After getting though to a 12yr old you ask a simple question and she keeps you on hold for ten minutes again and then answers "i've asked the girls and we think that we don't know maybe errrrrr yes thats right i'm sure we don't.. thanks, can we help you with anything else sir?"

 

Anyway, I will ring back and closer to the time i might ring that man from barclays to see if he will play ball.

 

Nice

Try writing instead? Or speaking to a court manager?

 

Cheers

 

Michael