Sarah V Barclays

[sarah13]

been reading a few threads and have composed an email which i will send tomorrow morning - it starts 'I would like to try and settle this matter amicably without wasting any more of the courts time.........'

lets see how it goes- have until 27th to get my bundle in

[saintly_1]

depends who is dealing with your case as to whether you get a response

[sarah13]

i'm sending email to krysta campbell - got address from contacts thread. so fingers crossed however if i get no response then i am prepared to submit my bundle and attend court- bring it on i say!

[saintly_1]

Im not sure at the moment which of the lit team are replying . i would possibly cc it to dino

[sarah13]

thanks for that- dont supose you have full email address?

[saintly_1]

mailto:[email protected]

[sarah13]

thanks for your help - much appreciated. Will keep you posted

[sarah13]

ok emailed first thing but according to auto reply krysta is away so re emailed to emma thompson [email protected]

cc dino.papaevripides @barclays.com - watch this space

[andymanuk]

didn't know they've started employing oscar-winning actresses now !!!

 

 

must be desparate...................

[sarah13]

didn't know they've started employing oscar-winning actresses now !!!

 

 

must be desparate...................

 

funny!

[dar£n]

i'm sending email to krysta campbell - got address from contacts thread. so fingers crossed however if i get no response then i am prepared to submit my bundle and attend court- bring it on i say!

 

All contacts available here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[sarah13]

no response at all from my emails. prelim hearing is 10th aug. it says i can make representations to the court 5 days before the hearing- what should i send if anything?

[welshcakes]

Hi Sarah,

 

You make a representation when you can't be there in person(sorry of you already knew that);

 

The rep is two fold, firstly to offer your apologise for you absence and to give valid reason why and secondly, to submit your request for how the claim should proceed.

 

Is this what you're looking to do?

[sarah13]

yes i think so- what do you suggest?

[welshcakes]

See letter in my post #202 on thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post-4.html

 

Also you can add to the letter something like, "in the event of the court considering an application for Stay or the same by the court's own volition, I hereby lodge my objection to the ordering of such. I enclose a Statement of Objection which I respectfully ask the court to take into consideration should this issue arise in my absence."

 

You then need to additionally enclose a copy of the Statement which can be found at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html#post1046820

[sarah13]

thank you so much for that welshcakes - will get to work straight away - keep you posted

[sarah13]

just to clarify- if i wish to attend then there is no need to send anything at all?

[welshcakes]

If you're attending on the day, you need only send in (and to the Defendant) anything that the court has requested in writing and by the date specified.

[sarah13]

in your opinion- is it worthwhile attending or will sending the letters be as effective as this is only the prelim hearing with an estimate time of 5 mins. if it will improve my case i will go otherwise as all 3 kids are at home childcare is hard to find i will not. What do you think?

[sarah13]

in reflection i think i will attend

 

Heres what my 'Notice of Allocation to the small claims track' says

 

'District Judge Hamilton has ordered that a preliminary hearing should take place:- to consider whether the claim can be disposed of because the defendant has no real success at a final hearing'

 

very encouraging!!!

[welshcakes]

As a parent I appreciate it's a balancing act.

 

Pros of Written Representation

 

No organising of private childcare & obvious costs;

Far more desirable for those of a nervous disposition who feel they will go to pieces in court and be unable to put their case coherently;

Depending on location, no parking difficulties & costs;

Your Statement of Case arguments are with the judge before hearing date and he may have time to read beforehand and give more consideration.

 

Cons of Written Representation

 

Not being able to play it by ear and address any issues that come up on the day;

Possibley miss opportunity for the judge to send parties out to try and reach a settlement on the day;

Remaining in the dark as to how and why the judge makes his Orders on the day;

If the Defendant doesn't write or turn up, you miss the opportunity to ask for automatic Strike Out of their Defence.

[sarah13]

thanks again welshcakes

[sarah13]

dont supose you know the recent news on claiming more than 6 years as the Limitations Act 1980 is mentioned?

 

I have claimed more than 6 years, its their fault for sending me the statements!

[welshcakes]

Hi Sarah

 

I also have a claim for pre-years however this is still unknown territory and I understand that CAG will in the future be looking into it.

 

I suspect that all pre-6 yr claims will be Stayed by the courts until the outcome of the TC as it is an even more complex issue of law intepretation.

 

If you are willing to pay the court fee to file with the potential risk of losing it (but also the potential to gain refund), you should file with your county court though of course as your case relies on negation of the Limitations Act, there isn't the time scale urgency quoted for '6 yr and less' claims.

[sarah13]

i dont quite follow- i have already paid the fee to file?