Crash v Barclays2**won**

[crashbandicoot]

I thought I better start a seperate thread for hubby's claim.

 

S.A.R. sent on 22 Aug 06;

Prelim on 04 Oct as they took forever with the statements;

LBA on 23 Oct;

Court claim filed on 21 Nov for £1,404.41 for charges & contractual interest at 26.4% (rate charged pre-6yrs ago);

AQ sent in on 26 Jan 07. Last date for filing was 09 Feb and the courts or I haven't seen anything from Barclays since.

 

I called Paul Quinn a couple of days ago and he said they had sent it in and would chase. I reminded him that they've recently settled my claim in full, two days before the hearing (similar claim, bigger numbers) but he said irrespective of that they have to give other more imminent claims priority, and suspects they will be calling me to settle two weeks before a hearing date.

 

So just waiting until that time.

[crashbandicoot]

Called the court today as not heard anything. Have been issued with a court date of 19th April for the small claims hearing.

 

I guess the fun begins from about 10th April then!

[crashbandicoot]

Bundle sent via TNT yesterday with an application for costs included, just so that they know I'm gonna be claiming those too

[crashbandicoot]

Rung Paul Quinn today to remind him of the imminent court hearing next Thursday. They are swamped as usual so he will be in touch on Monday. All the better for me, anyway I hear they are now giving in without much of a telephone fight (dagnabbit!)

[crashbandicoot]

Yes Micky it was.

 

Feel a bit sick now, but Paul called and asked me for a settlement figure. I gave him the full amount with costs. He called back after 10 mins saying they were prepared to pay the full claim that went into court, but not the application for costs, calling me a 'serial' litigant!! I said fine, we'll just leave it up to the judge to decide. We went around in circles for a bit, and he said we will instruct a barrister to come into court, it's not an empty threat etc. I said fine. He finished off by saying it's obvious we're not going to come to an agreement, see you in court.

 

Thus I feel a bit sick (GULP!) however, for now I am sticking to my guns.

 

We'll see how things progress and whether I get another call in a couple of days.

[crashbandicoot]

Well he called back to say there was a bit of confusion over my costs page. They seemed to be looking at MY costs from my previous claim, rather than hubby's although I can't understand how they've managed to mix them up, as hubby's bundle definitely had his costs (£384.93) in them. I faxed it off to him and confirmed that he'd received it.

 

Maybe that's why they got so funny...they were thinking I'd snuck it the same costs from an older claim, which isn't the case at all (it was more in my last claim too!)

 

Still we'll see what happens.

[crashbandicoot]

Micky this is additional costs for preparation/research on the case - 38 hrs @ £9.25 per hour. See here for more info

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[crashbandicoot]

Thanks Kimmy, it's not over just yet but we'll see

[crashbandicoot]

Nope, Barclays haven't called back to settle so it's off to court tomorrow morning, armed with a lot of ammo from Karne and Hags.

 

Wish me luck boys and girls

[crashbandicoot]

Thanks lthomp, that's very sweet and I really appreciate the support and encouragement. I just hope I don't let you all down

[crashbandicoot]

haha, not to worry shanty, as I am being pernickerty and arguing on costs....they have agreed to pay the full claim, so I could have taken it and run

[crashbandicoot]

Right peeps, I'm back. I didn't get the costs. BUT it was a really positive experience and I'm so glad I went, so all is not lost.

 

There was a young and friendly guy representing Barclays, and he was already there when we arrived. He suggested we have a quick chat in one of the consulation rooms. He had never seen my bundle, and wanted to clarify that we were only arguing about costs. He was very impressed with my bundle and asked me if I was in the legal profession (LMAO!!) I was like noooo!

 

Anyway we were called into the court room and a lovely smiley judge was waiting for us (kind-of bearded Dennis Sutherland). As soon as we sat down he said 'finally, a bank claim that has come before me'. The Barclays guy soon deflated his excitement by nervously (he was as bad as me!) explaining that they were prepared to settle the claim in full except for costs. He gave his arguments for the reasons why costs shouldn't be allowed, to which the judge then looked at me and asked 'to which your arguments are?'

 

I explained as best as I could as said in my opinion the banks had never intended to take this to court, unreasonable behaviour and an abuse of the court process etc. I didn't say very much, in fact I forgot to mention Mullen V Hackney and the Lincoln Abuse order, but I think the judge understood where I was coming from, and thanked me when I was finished.

 

After that he was the one who spoke the most, basically saying that rules for costs in small claims are quite clear and that the 'unreasonable' argument is very wide. He looked at my schedule of charges and because most of them were pre-6yrs he said Barclays made the right 'commercial' decision, albeit late to settle in full. He did mention that had this claim got to court, Barclays would have had sound arguments for the limitations etc. He also mentioned the penalty v service argument. Finally he finished to say that whilst I understand your frustration of them settling days before court, in claim after claim after claim, on this occasion he wasn't prepared to stretch to allow costs, because technically Barclays had done nothing wrong...even though it may seem like it.

 

However I think that because my claim was pre-6yrs, and CI the judge did make a sound and fair decision, and I would say that in my opinion the same WOULDN'T apply to anyone else who may wish to try for costs, because I had already successfully done this so this got a bee in Barclays bonnet.

 

The judge concluded with a stay order in which he advised Barclays to cough up the claim settlement figure within 14 days. He added, smiling to me, that should this not happen, you can re-apply for this hearing, and glanced across to the other guy saying somehow I don't think they will let that happen though. The Barclays dude said the cheque is in the post, we thanked each other and he left.

 

As I was leaving the judge smiled again and said I was really hoping that this would be the first bank claim I could hear, but that's not going to happen. We said thanks, and left.

 

In the lift the Barclays guy confirmed that a cheque for settlement should be with me within the next day or so.

 

SO to sum up, whilst I didn't get costs on this occasion, this trip to the court taught me a lot...mainly that it's not as scary a place and situation as it looks and that the judges are really on our side. He didn't make me feel inadequate or stupid, or as if I shouldn't have wasted his time. He understood my reasons, but ruled the costs out on this occasion, which is fair enough.

[crashbandicoot]

Haha, thanks Lex, I am blushing now!!

[crashbandicoot]

Cheque for £1450.91 arrived this morning in an unmarked envelope, with no letter attached. They cut it very fine, as had I not received it by tomorrow, I'd be faxing the judge about their disrespectful attitude!

 

So this one is also settled in full (except costs), including C.I., pre-6 yr charges, daily interest etc.

 

Thank you all once again for your support and encouragement.