Alleycat v Barclays - Stay been ordered by judge

[Alleycat]

Hi all,

 

Got a reply to my letter from the Courts. It reads:-

 

"With reference to your letter dated 24th July which was referred to the District Judge and the following comments were made:

 

We now know that Elliot v Lloyds TSB has been settled. The Designated Civil Judge for Bradford His Honour Judge Hawksworth QC is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision. We will write to you again as soon as we can."

 

Sounds interesting! I wonder if they will be looking into the way that the banks have been blatantly abusing the court system and/or if they are looking for another potential test case to enable a conclusive decision on our cases?

 

Anyone got any thoughts?

[Mrgreengenes]

Hi Alleycat, I am very impressed by your efforts so far, especially your last letter to the judge.

 

I received the defence from Barclays today and am awaiting my Allocation Questionnaire.

 

As I understand it, the judges are looking into the way the Banks are abusing the court claims procedure and will make a decision some time in the future. Is this right?

 

By the way who is your OH?

 

 

 

Don't let the fatherless chillen get ya!

[Alleycat]

Well, I have left numerous messages for the great Jeremiah with no response whatsoever and have heard nothing further from the Courts. I just feel stuck in limbo now and it is frustrating.

 

I decided to ring the courts and have just got off the phone. Unfortunately the guy who wrote to me from the Listings Section is currently in court, but I spoke to a colleague who is going to speak to him today. I have asked for them to email me as I am at work this afternoon, tomorrow and Friday. The stay pending further attempts at resolution is up as of tomorrow, but obviously there is still the stay pending the collation of info relating to other similar cases.

 

Apologies for being absent from this site for a while, but home and work life has been rather manic of late. I hope to be back posting regularly again in the not too distant future.

[a2222]

interesting that the judges are collating info to come to a group decision on how to deal with the cases... wonder if the same is happening uk-wide and whether this is a good thing for all of us persuing bank charges or not.

[Alleycat]

Okay, so I got a Notice of Allocation or Listing Hearing sent through by the courts. I had to attend last friday, which I did. Barclays also sent out a letter a couple of days after the Allocation Hearing letter, so I assume they must have received their copy and decided to try and stop it getting that far. They offered to settle the claim (almost) in full (minus some interest) which the usual confidentiality clause. I tried ringing Keith several times to discuss the offer and to get rid of the confidentiality clause but he did not ring back.

 

Anyway, went to court and Barclays did not turn up. The judge decided on that note, to make a judgement in my favour!! We discussed the extra interest and decided to leave it, and I received a letter from the court advising that the defence had been struck out and Barclays were to pay up by the 19th October. Now celebrations you would have thought?? But no. Barclays are being t*ssers and have sent a letter which I have briefly copied out below:

 

"I am writing to you in connection with the default judgement which has recently come to the attention of the litigation team.

 

I believe that you had issued a claim via the Northampton CC and in the absence of attendance at a Court hearing, obtained a judgement on the 5th Oct.....

 

Notwithstanding the fact that we inadvertently did not arrange attendance at the hearing, we are still entitled to make an application to Court for the judgement to be set aside on the basis that the Bank was not represented at the hearing. However, I am conscious of the time involved for all concerned i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore propose to offer to settle your claim in full."

 

They then go on to list the clauses such as I consent to the judgement being set aside, that upon payment I write to the court stating that I haave withdrawn my claim.

 

Its been headed without prejudice, so is inadmissable in court.

 

Now I could really do with the money as I need to make some payments and life has been a git recently (on long term sick from work due to harassment and PND, bringing a formal complaint against the bullier, decided due to this to bring our move to London forward as it is making me ill etc). But I don't want the banks to feel that they have won or to jeopardise the movement in getting unlawful bank charges stopped.

 

What do people think I should do? Can Barclays apply to have the judgement set aside once the two weeks to pay has elapsed (they need to have made payment by 19th Oct)?

 

Thanks,

 

Alleycat

[Welshman]

You've got what you asked for, this letter from Barclays is getting more common by the week.

 

You should sign and accept it. If you don't, Barclays WILL still get their set aside and you will have to wait for a court hearing to be set in order to win something you have just been offered.

 

Well Done and Good Luck.

[bandonbhoy]

I dont have any knowledge of what they can do in this regard, but being a selfish bugger, if it were possible to habg out there, raise the isseue with the court and judge, it would be more satisfying. however as i said i am no expert and trsut that a mod can look into this for you. bugger them and get the decree against thema nd dont sign any confidentiality clause

[rogerebaker]

AC This is a standard template letter from Barclays. Ive had one myself after they failed to acknowledge MCOL.

 

I accepted and the money was in the bank within a couple of days.

 

They will then get a formal setaside and eventually settled. It saves them looking amauter and having a judgement against them

 

I would say they have got absolutely no chance of getting a stay based on the fact they didnt turn up but you are basically arguing a matter of principle which will mean you are gonna wait for the money.

 

In the end of the day you have won. Its an easy sum to do. Can you afford to wait another couple of months for the money if you can, go for it, If you cant accept their offer.

 

You could accept the settlement without the confidentiality.

 

Whatever you decide must be correct for your circumstances.

 

Apart from that well done great effort and a jolly good read. Hope the money makes a big difference.

[Bookworm]

I would say they have got absolutely no chance of getting a stay based on the fact they didnt turn up

 

Sorry, that is not true. They have EVERY chance of getting the set-aside granted.

 

As Welshman says, you can agree on the set-aside, and get your money sooner (make sure they pay interest right up to date, and NO confidentiality attached!), or you can object to the set aside, it will go to a hearing a few months down the line, where they will get the set-aside granted, then another few months for the court hearing proper, and Barclays will then pay up a few days before the hearing. So nothing much to be gained by objecting, IMO.

 

Say yes, get your money, and crow it from the rooftop!!!

[Alleycat]

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