Karenann v Barclays***WON***

[karenann]

Hi Dar£n

 

Actually I am peed off but morewith myself for keep hanging on and waiting for them and with the Courts for giving a 9 week stay when they know the banks are settling and the hearing won't go ahead anyway.

 

I have tried calling 7116 4664 (Kate's no), 7116 4753 and 7116 1943 which I think I got from one of your replies in another thread.

Anyway have left a message on two of the phones and I have now sent two emails which have both been ignored. I don't mind them saying they won't settle yet but I just wish they would reply and let me know one way or the other instead of just ignoring me.

The trouble is I don't have a clue how to go about getting the Judge to remove the stay because it was done at his discretion rather than being asked to or issuing any directions - I can't really afford to waste the money if he is just going to turn me down.

Thanks for your quick response and useful advice re no.s (I can always count on you!). - have a great weekend

[dar£n]

Karen, Is this any good?

see post #20

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/3743-alleycat-barclays-stay-been.html?highlight=removal+of+stay

[why!!!!!!]

Hi

Not sure if this would be of any use to you take a look and see what you think http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

claire

[dar£n]

Thanks claire, ive been looking for that.....

[karenann]

Thank you both very much for your links. I have drafted the letter and attach below - could someone please give me their opinion on it before I send:

 

I am writing to you in relation to the Order that was made by you on 4 May 2007 and which was received dated 16 May 2007 in which you have ordered that my case with Barclays Bank Plc be stayed upon the court’s own initiative.

I respectfully request that this stay be removed for the following reasons.

Firstly, since I have received your Order I have been trying to attempt to reach an agreeable settlement with Barclays but have so far been unsuccessful. I have made numerous attempts to enter into meaningful dialogue with the Bank who continue to ignore my repeated attempts at communication.

Further, I understand that there are many similar cases, and whilst the Banks are filing defences, they are regularly settling pre-hearing. In many other cases, the defendant Banks are even receiving default judgements against them which are being set aside on application by the Bank and which are subsequently being settled prior to a Court hearing. In some cases, the Court has even ordered standard disclosure against the defendant Banks but those Banks have gone on to settle rather than reveal the details of its contractual penalties. I believe that I will not reach an adequate agreement with Barclays relating to this case until a date for a hearing is announced.

Also, every one of the cases settled so far has presented an opportunity to settle the common issue of contractual penalties but despite their massive resources and access to high level expertise the defendants have declined to allow the issue to be decided. By agreeing to remove the stay and ordering a Court date, my case would also present another opportunity for the question to be definitively settled as should the defendants lose, they have the resources to continue the matter through the appeals process and through the Court hierarchy.

I also believe that this Stay interferes with my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”.

It is further submitted that the sum claimed is insignificant to the bank but is a significant sum to me and whilst a stay prevents me from recovering my money, the defendant bank is not prevented from levying its charges or interest on debt comprised of those charges, so the order of the court has the effect of favouring a powerful and well-resourced institution and does not place any restriction on their continued application of penalties which I say are unlawful.

The defendant remains at liberty to enter my name on the default register which it and other banks routinely do in respect of unlawful penalties which are unpaid by their customers. The banks have direct and privileged access to this register. They have no need to obtain a County Court judgment before they may enter a default on the register. This default remains on the register for 6 years and causes enormous damage to reputations. Were my name to be entered on the default register I would find it impossible to get credit or a mortgage and I would have to pay higher fees for any credit which I did manage to obtain. It is submitted that a stay may potentially mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the banks litigation strategy which is to take the claimant to the door of the court and then to settle the claim.

If the court does accede to my request for a removal of stay then I respectfully request that the case be allocated to the small claims track but that the defendant be ordered to make standard disclosure. It is submitted that an order for standard disclosure will assist greatly in bring these and other similar claims to a speedy and just conclusion.

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges

Thank you for taking the time to consider the above request and I look forward to hearing from the Court in due course.

 

comments?

[dar£n]

excellent Karen.

 

and of course sending by recorded delivery no doubt?

[karenann]

Oh god! I totally forgot - I put it in the post at 6 last night. Will give the Court Manager a call on Monday and send it by fax then I can confirm receipt. I was in such a rush to get it into the post that I didn't think.

 

Thank's for reminding me Dar£n - anyway off to the seaside with my kids in this beautiful weather - have a great weekend and speak next week.

 

I really appreciate all your great help Dar£n.

 

Karenann

[woodentop]

Aww Karen I'm so sorry you are going through all this - I have just read whats been happening over the last week -not been on much - things going on at home! - I can't believe this has happened - Sure it will all be sorted soon - lets hope Ms Ashton gets back to you as soon as eh.

Woody xxx

[karenann]

Thanks for the support Woody.

 

I'm not surprised you haven't had time to come on - spending all that lovely money! Make sure you enjoy it - holiday booked yet?

 

Will come back when I have any news to report.

 

Hope everyone enjoyed the lovely sunshine this weekend

[karenann]

Just a quick query.

 

I have just faxed a copy of the letter I sent to the Court on Friday. Does anybody know whether the Judges look at correspondence the same day it is received or whether it sits in a pile.

 

When I was waiting for a court date - the order was made on 3 May very quickly after it was transferred but it took the typists over 3 weeks to type up and send out. I just wondered if anyone had a clue as I want to know when to ring and ask because once the Judge has made an order and it is sitting waiting to be typed up, they will find your case and let you know what has been ordered.

 

Thanks

[dar£n]

Send them another letter highlighting the Reading Judge.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/87993-beaky79-barclays-defence-struck.html

[karenann]

I think I might wait and see what the response is to my first letter. I am a bit wary of upsetting him if he thinks I am pestering him. He already granted the 9 week stay so he could deal with a load all at once rather than dealing with them as they come in. The lady I spoke to at the court said he was getting fed up with the wasting of the courts time which is why he wasn't proposing to deal with any more of these claims until 27 June.

 

You would hope that he would see that it is the banks wasting the time and strike it out (as per Reading) but there you go. If the letter doesn't do the trick do you know if I can get it moved to another court. I did ask for my claim to be moved to my local County court but they sent it to Southend to decide whereby it was ordered to be stayed. I am now worried that he will then decide to send it back to Chelmsford instead of setting a date thereby delaying it further. Is there any way I can appeal to send it to Chelmsford immediately so this Judge has no further involvement.

[dar£n]

on a positive note karen, all this delay is boosting the interest on your claim.

 

Still, give it a week and then try the Lit team again.

[karenann]

Hi have been trying to phone kate to get a response to my email which she has been totally ignoring. I have now gotten straight through to Krysta twice now on 7116 4753 so anyone trying give her a call NOW. Still no return call/email from Kate though!

[karenann]

Well surprise, surprise absolutely no response from my email so I have now sent one, asking for an update. I understand if they don't want to settle but at least have the courtesy of letting me know or have a response. They have asked me for my schedule of charges well over a week ago and said that they would revert. I then got a fob off email saying they had cases to deal with last week and would revert thereafter.

 

I sent a polite email on Friday asking if she was in a position to revert to which I had no response. I sent the same email again this morning just to remind her that I was still here and still no response. I have just now sent one asking if she could please let me have an update on what is happening but again am getting no response I feel like this is a totally futile exercise, I don't mind them telling me that they are not prepared to settle yet but I get really annoyed at being totally ignored (i know they are very busy but it takes 30 seconds to send an email saying "thank you but we are not in a position to settle with you at this time". I will then go away and chase the courts for a date.

 

I'm sorry to keep going on (I only seem to come on here to moan) but it seems they are ready to settle with just about everyone at the moment but I am like a black sheep they just want to get rid of. I think its that I hate being ignored and I am unable to get through to her on the phone so I am unable to force a response.

 

Anyway I am just feeling sorry for myself and will go away now - rant over!!!

[karenann]

OH MY GOD!!! Spoke too soon. Have finally had a response - Apparently a letter will be sent out by the end of the week!!!

 

Now do I get excited or is it just another fob off to get rid of me for a week. I have now got so many butterflies in my tummy it's untrue - I want to start cheering and smiling and screaming but don't want to work myself up to be let down. Oh god - I'm too excited to care I will just enjoy this for a day.

[saintly_1]

*suggests deep breathing excersises* ;-)

[dar£n]

Karen, come back on here BEFORE you agree to anything, check the offer very carefully. get back to us as soon as you receive it ok

[pjdavies2000]

...it makes you wonder if they are on here...watching...reading...defending their good names...8)8):-o:-|:-|

[fiestychick]

Hi Karenann,

 

just wanted to say good luck and I hope the letter you receive is an offer for the full amount.

 

The only other thing that came to mind when reading your thread is that surely the judge post-poning til 27th June is a POSITIVE thing? That way you will be there with all of the other claimants at the same time and there is no chance he is going to listen to every single case. My feeling is the bank won't turn up and it will be struck out.

 

Stay positive

 

love Fiestychick

[dar£n]

...it makes you wonder if they are on here...watching...reading...defending their good names...8)8):-o:-|:-|

You post this jokingly, but the fact is THEY ARE!!!!!!

 

The Litigation Team DO monitor these threads.

 

This is why certain things are not allowed to be posted.

'illegal charges' 'money they have stolen' etc

[karenann]

Thanks all for responses. Just waiting for a letter now - hopefully won't have to be sending reminders for this next week!!!!

 

I sent a letter to the Judge on Friday - is it worth ringing the court to check he has seen it or whether to leave it a few more days. I don't want to just wait for Barclays and remain inactive.

[woodentop]

Hi Karen,

 

Keep em crossed hun - I would give the Court a call just to make sure it has arrived. I sent a letter to them but had it delivered by hand and it took a week for the judge to see it and them to send the response back to me (it was only about a typo on the N1 though) - so he did see it pretty quick as I know it takes the typists a while to do the letters as they have so many to do. They are really helpful at the Court.

 

Woody xxx

[pjdavies2000]

You post this jokingly, but the fact is THEY ARE!!!!!!

 

The Litigation Team DO monitor these threads.

 

This is why certain things are not allowed to be posted.

'illegal charges' 'money they have stolen' etc

 

I know they do, but didn't want them knowing that I know that they know that I know that they do! Plus hopeful my bumsucking post about sending them compliments will add a zero or two to my settlement - 'Bank error in your Favour, collect £200'

 

lol

 

Peter

[dar£n]

Yeh I know they know you know that they know, and think that we dont know that they know that we know, but we do know that they know that we know that they know.

 

think thats right!