marcelle vs Barclays

[marcelle]

Hi everyone

 

I'm new to the Barclays forum as I've been stuck in the RBOS forum since December trying to get back my charges. In the meantime, I've decided to claim from Barclays for my sister who's managed to get herself into a bit of a tizz with how they've treated her account. Barclays SAR's, here I come!

 

Good luck all!

[sea-sidelady]

Hi marcelle,

Im like you im doing barclays for my niece..!

I have been battling with halifax, which i think are the easiest at the moment.

 

Hope you get on ok for your sister.

[marcelle]

Thanks seaside lady! (love your avatar!!)

 

I'm also claiming from Halifax for myself but they're taking ages to send me my SAR and I sent off for this early December and i'm still waiting!!!! Phoned them up today and they said it should arrive by 26 February. This is after threatening them and reporting them to the Information Commissioner. They reckon they haven't received any request from me. Crossing fingers as that one will be a big sum (if you take into account compounded interest) but i'm trying to go back beyond 6 years but i'll have to see what type of statements I get from them first!

Good luck with your niece as well... I swear, if any one else asks me to claim back their charges for them, I shall be charging them interest!

[sea-sidelady]

I know what you mean,

My neice has 5 different accounts for me to do. and i have sent sar for my nephew.

 

I am just gonna move here i think..! I spend more time here than any where else. lol.

[marcelle]

Same here... I used to waste my time on gossip sites (sad I know) but I figure getting my money back on this site will benefit me all the more.

The world would certainly know if I ever lost a case to these banks as i will shave my head off (a la Ms Spears) in protest!

[marcelle]

Hey there

 

Quick update:

 

Received Notice of Hearing on 4 August stating the following:

 

TAKE NOTICE that the Preliminary Hearing will take place on

 

17 August at 10am

 

at Romford County Court

 

The following directions apply to this claim:

 

a) Each party shall delivery to every other party and the court offices copies of all documents on which he intends to rely at the hearing

 

b) the copies shall be delivered by 4pm on wednesday 22 August

 

c) The claimant is to prepare a schedule setting out the details of all relevant charges, including amoutns and ates, to be included with the copy documents.

 

d) The original documents shall be brought to the hearing

 

e) The court must be informed immediately if the case is settled by agreement beforre hearing date.

 

As i was puzzled with the dates, ie request of documents AFTER the hearing, I called the court who said this is just a preliminary hearing to decide what is to be done - has anyone ever heard of this? I also asked whether it'd be a one-to-one and the lady said she didn't know.

 

Any thoughts?

 

This sounds like I need to provide the court and Barclays with a court bundle by 22 August. But why a preliminary hearing?? Do you think they'll just tell us it's been stayed?

[saintly_1]

Marcell if I was you i would check with the court again just to make sure

If possible go there in person with the letter

[marcelle]

Thanks Saintly... I called again and again they said it's just a preliminary hearing and to provide what is stated (woman sounded well stroppy!) - I find it odd but I'll just follow what's said. Although I filled in the new AQ, I've noticed they've only requested that both Barclays and myself provide charges info but not the rest. Do you reckon I should submit a full court bundle just in case, especially as i've been reading up on it in preparation?

[welshcakes]

Hi Marcelle

 

It's a tircky one because the Preliminary is on the Friday and court bundles required by the next Wednesday otherwise I would have suggested you wait til the hearing to quantify whether the directions were correct.

 

However, it is always best to play safe and always always comply within the time frame to orders from the court.

 

a) Each party shall delivery to every other party and the court offices copies of all documents on which he intends to rely at the hearing

 

This is asking for your full court bundle so I would print take all three copies to the hearing so you can hand them to Barclays and court in person (saves on massive postage);

 

 

c) The claimant is to prepare a schedule setting out the details of all relevant charges, including amounts and dates, to be included with the copy documents.

 

Fine, this will be part of your bundle in a) anyway.

 

d) The original documents shall be brought to the hearing

 

Again, your bundle will be made up of all the original copies so once more, this is covered in a)

 

[marcelle]

Great.... thanks welsh cakes!!!!

[marcelle]

OK, my sister received in the post today a letter from Barclays saying they will be staying the case pending outcome of OFT....

 

The prelim hearing is this Friday 17 August at Romford County Court who aparently are handling stays on a case by case basis. But, as the bundle to each party is due by Wednesday 22 August I was going to hand delivery this on the 17th but I'm thinking Barclays will not turn up. Do you think the Judge will stay the case and if he does and I contest this, do I have to tell him I will be applying for the stay to be lifted at the time or do I just accept and fill in the N224?

[marcelle]

bump

[saintly_1]

Take with you this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[marcelle]

Thanks... you're a Saint!

[Belly]

I'd give the court another ring to see if your hearing tomorrow has been cancelled as this happened to me and the court didn't inform me.

 

My preliminary hearing was schedulled for today at 10:30am at Shrewsbury County Court and after a letter from Barclays like yourselves I contacted the court yesterday only to be told the hearing was now cancelled and my case stayed.

[marcelle]

Oh.... will call them now... thanks Belly!

[marcelle]

Hey Belly... just rang the court and they're still going ahead tomorrow. I have no idea what to expect but have been reading through hundreds of threads and hope that Barclays settle (fingers crossed). However, as I know Barclays have stayed, I am getting to grips with the argument on how to argue the stay and I've noticed some people have won and others not!

[saintly_1]

Its all down to the Judge tomorrow whether they accept the stay asked for by B's or not

 

Good Luck

[Belly]

Good luck. Hope all goes well.

[juicyd]

Sympathies Belly re your stay - nice of the Court to let you know, which is their bloomin job, not making it easy for barclays.

 

marcelle i know you're up tomorrow from other threads today - keeping everything crossed for you!

[marcelle]

Hey there.... just posted this on Sarah's thread but this is what happened this morning...

 

I went along with my sister but the usher told me I was forbidden to speak to the Judge directly but only to sister and the Barc rep. Anway, we had a preliminary hearing and it was allocated for 10am but we weren't seen until 12.45pm (how annoying).... anyway the Judge was basicially on the banks side by stating that Romford County Court is very busy and we just don't have time for all these claims for bank charges and as the outcome would be decided in January there's no difference in time whether we overrule the stay or not!!!! My sis told him about infringement on Human Rights and how the only reason why she got into this situation is because of their charges in the first place but then he agreed it's only a small portion of money being claimed but it's best to wait until the outcome next year. Feeling defeated, i said to the Barc rep (as i was forbidden to speak to the judge) it may take longer than a year - maybe even 3 and he said not it won't it'll take a year max for the outcome. Then the judge said we can appeal against the stay and he'll send a form out to us within 2 days. But the thing is, my sister handed both him and the Barclays rep the Stay Appeal found on here and of course he didn't really have the time to read it whilst the case was going on. I even said it benefits the bank more as you still will be charging penalty on her account if she goes overdrawn.

Judge just wasn't having any of it and it really seemed he was on the bank's side. I would rather of him send that blanket letter out to us stating that the court will be complying with the Banks on the stay until it's remedied instead of wasting our time!!!! I also didn't even get to ask for expenses!!!!!!

 

I was supposed to hand my court bundle to both Barclays and the Judge by next Wednesday and even forgotten to ask whether this is still necessary.... I will have to call the court now.