Torigirl Vs Barclays

[saintly_1]

Hi tori .......... its due to kick off on the 14th Jan

[torigirl_uk]

Saintly that is the best news I've heard in ages!!! Do they have any idea how long it will take? I mean could it be months even years?!!

Hope you had a nice break over xmas and it wasn't too hectic!

[slick132]

Hi Tori,

 

It's really just speculation now but a couple more weeks and we'll have a real idea of how it's all going.

[johnnymitch]

Hi Tori,

 

Nice to hear from you again - and you slick. As slick says tori, we'll have to wait and see. But I would see it going like this - I think the case is scheduled for 6-8 days. Some brave judge will then go off and deliberate until he gets the courage to make a decision. If it's not in the banks' favour, we could expect to see appeals ad infinitum or until some judge says " you cannot appeal any longer, just cough up and get on with it - within such & such a time frame............."

I might be an old cynic, but that's about how I see it .... \I'd love to be proved wrong though.......

Anybody else got any thoughts........?????????

[torigirl_uk]

Hey Slick, Johnny!

Now, now Johnny, you know the Courts are for masses and always do the right/moral/legal thing!!! I wonder who the poor Jodge is, you never know he may have had charges himself when he was at Uni, but then again maybe not!

Tori

[koalaattack]

Hi guys,

 

I was going to stick this in my thread but then figured I may as well kill two birds with one stone by wishing you all a very happy new year here as well as ask a relevant question so...

 

...HAPPY NEW YEAR - hopefully 2008 will see A LOT of people getting A LOT of money back!

 

My question is this - do we just sit and wait or should we be proactively getting more stuff into the courts so that we have some more evidence for the judges dealing with our cases? It's been ages since I've really thought about this - I was just coping with coming back to work when I realised that January was "the month" so fingers crossed eh?!

 

Tori, sorry to use your thread but I figured it made more sense to post this here whilst you have the experts attention!

 

Cheers,

 

KA!

[johnnymitch]

Hey Slick, Johnny!

Now, now Johnny, you know the Courts are for masses and always do the right/moral/legal thing!!! I wonder who the poor Jodge is, you never know he may have had charges himself when he was at Uni, but then again maybe not!

Tori

 

I always thought that, tori, until these 'blanket stays' were handed down from above..........

 

Of course it could be a panel of judges, in which case, it'll take 10 times as long - just to agree that this is Thursday!

[slick132]

Hi Koala - how are you.

 

People should be using this quiet time to get acquainted with the Court Bundle. Good link is here - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

No need yet to print it out and paginate it, but maybe put it all together in a word file so you have it ready to print when needed.

 

This way you can sort any queries ahead of the rush which is sure to follow when the Test Case is resolved.

 

HNY to you all too, Slick

[torigirl_uk]

Oh cool I'll have a look at the bundle and get myself acquainted!!!

Don't they have to automatically refund everyone who has had charges or only for those that have a case against them at present?

[johnnymitch]

If the judgement goes right tori, it'll be everyone...but they'll take years doing that, probably making people claim by letter to prove they're still alive and kicking, ........ so if you're 'in the courts system' to start with the general opinion seems to be that you willl be dealt with first to clear the courts' feet of cases pending.

[torigirl_uk]

Nice!

[slick132]

Hi JM,

 

I'd be very surprised if a decision is made where banks must repay any old charges without a formal or Court claim.

 

Look at credit cards - £12 limit applies but no automatic refunds. If you do ask for refund, they'll only offer to repay the diff'ce between old chge and new limit. If you say you're going to Court or when you issue proceedings, only the do they take you seriously and refund.

 

Like I said in #503 above, pure speculation just now but, hopefully, we won't have to wait too much longer.

[johnnymitch]

Hi JM,

 

I'd be very surprised if a decision is made where banks must repay any old charges without a formal or Court claim.

 

Look at credit cards - £12 limit applies but no automatic refunds. If you do ask for refund, they'll only offer to repay the diff'ce between old chge and new limit. If you say you're going to Court or when you issue proceedings, only the do they take you seriously and refund.

 

Like I said in #503 above, pure speculation just now but, hopefully, we won't have to wait too much longer.

 

I see what you're saying slick. However, if it's forced back onto court claims only, the courts have only delayed by 6 months the deluge of claims which will descend upon them. Surely the banks won't get away withb the brinkmanship they've been playing in the past.... after a judgement the courts won't stand for it .....

 

But again, those who are in the system already will have to be cleared to make room for the rest.............. .

And , of course, nobody should withdraw their court action, even after a judgement until the money is safely in their accounts.

[slick132]

Well JM, we'll see soon I hope.

 

I doubt, however, that any resolution with the Test Case will change the banks' general attitudes. They were happy to use/abuse the court process pre OFT TC and I'm sure they'll continue to behave shabbily after.

 

Nothing which they or their agents do would now surprise me and that's a sad reflection on our financial institutions.

[koalaattack]

Cheers Slick - I'm very well thank you, you?

 

I've already handed in a load of stuff that I asked to be considered as evidence for my directions hearing last August (it wasn't!) so I figure I can just update that should I need a bundle (oh, and paginate when necessary).

 

I've got a list of the stuff I handed in in post 276 of my thread - I'd like to know if I need much more really so if you can help we should probably carry this on in my thread so as not to take over Tori's too much (sorry Tori!)

 

Cheers,

 

KA

[torigirl_uk]

Thats cool, its all really interesting!

[slick132]

Hi KA,

 

I'll reply over on your thread later - keeps it all in the right place.

 

Thanks TG

[alphahurricane]

Now that the 8th Jan has passed, does anyone know when we are likely to hear the Judges decision, Like a lot of claimants, I have had my case stayed, can anyone on this forum give me some guidance?

[torigirl_uk]

The case starts on the 14th and who knows how long it will go on for?! The only thing you can do is just get yourself familar with the court bundle just in case we need it, but other than that its just a waiting game:)

Tori:)

[alphahurricane]

The Court and Barclays already have my bundle as my case was meant to be heard on the 31st august last year, so i will wait with baited breath!

[johnnymitch]

Have a look at this link, folks - be nice if some could make it there......

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=10&a=118

[torigirl_uk]

I would love to, but I can't:( ! Does anyone know what has happened and come about because of the petition we all signed? Coz if anyone can take that along at least I'll be there in name if not person!

[torigirl_uk]

If this 'test case' gets to the House of Lords then what happens with our 'stays' do they get lifted after the test case because they mention that or will banks then request another stay until its been decided by the house of lords? This probably doesn't make much sense sorry, but I can't see how this test case is really going to settle anything!

[slick132]

Hi Tori,

 

I think cases will remain Stayed until the OFT case is resolved, including any appeals.

 

I'm sure you know know this link, but in case not......

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

[saintly_1]

The Judge did say I think that he would make a statement about the stays/waiver after hearing all presentations ........... Im sure I read it somewhere .....