dylon vs the woolwich

[welshcakes]

Well, you need to play it by ear but here's how I would do it.

 

On the day if no one turns up for Barclays

 

a)present a prepared N225 which requests Judgement by Default. The judge may refuse to accept it and adjourn to give Barclays more time.

 

If judge adjourns,

 

b) Present Draft Directions and ask if he will conisder making the Order so that the case can be quickly and easily settled.

 

On the day if some one does turn up for Barclays

 

c) If either Barclays or the judge suggests a Stay, present your written objection to Stay

 

regardless of whether or not a Stay is requested and/or granted,

 

d) Present your Draft Directions for exactly the same reasons as b)

 

So you need to take:

 

1. POC

2. Updated Schedule of Charges

3. Pre-filled in Request for Judgement link is http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

4. Draft Directions & reasons why they should be granted link is http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-11.html#post510137

5. Objection to Stay link is http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

6. Schedule of your Costs to date (which I will PM you)

7. Copies of all court Notices you've received

[dylon]

Thank you welshcakes for the email,I received a letter from barclays today it reads like this;

Dear Mr.xxxxxxxx

Unauthorised Overdraft Cherges["bank charges"]

You have referred your complaint about bank charges for determination in court.

We believe the chsrges are legal,fair and transparent.

Since you filed your claim in Court Barclays [along with a number of other banks]has now become involved in legal proceedings with the Office of Fair Trading["OFT"]in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.You should be aware that the bank will immediately apply to the court for an order to stay your action until the resolution of the bank's proceedings with the OFT.As a result your case is likely to be put on hold until the outcome of these proceedings is known.

Given this court case we have asked the Financial Ombudsman["FOS"]not to proceed with any other case they are hearing until the test case is resolved.The FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

We have asked the Financial Services Authority["FSA"] to suspend the normal timetable for dealing with bank charges complaints,and the FSA has agreed to this request

[GuidoT]

I do not suppose we need to tell you what do with that letter, being polite; just file it in the circular or rectangular thing that you put your rubbish in.

[dylon]

I don't know what happened there Iwill continue,"being considered in the test case.

We will keep you updated appropriately about the proceedings with the OFT.You can also check the lastest position on our website at Personal Banking - Barclays Personal Banking.

We can assure you we have registered your complaint.Please retain your bank records,as this will make it easier for you to support your complaint on resolution of the test case.

Once the legal proceedings between the OFT and the banks finish,we will resolve your complaint as quickly as possible applying the [test case]principles.

As a general matter,we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

yours sincerely

Thomas Hickey

Legal Clerk

Barclays

Are the FOS hearing my case or are the county court as all letters have come from the county court.am I right in assuming this."AS a resulkt your case is likely to be put on hold"what if it isn't.

[dylon]

One other thing should I still attend court on monday and give my application for removal of a stay to the judge,or will not get see him as a stay has been applied.

[GuidoT]

Unless you hear from the court to the contrary then turn up.

 

I know this maybe obvious to some, but in court do not oppose the stay until it is requested by the bank or the judge.

 

The banks are up to all sort of misleading activities, it is your claim, subject to the courts directions, you should be in control of it, it is not for the banks to tell you what to do.

 

Which court incidently?

[dylon]

Thanks for the reply GuildoT,it is Edmonton county court just got home from work nothing from the court as regards a stay so I will turn up at court on monday if it is stayed who do I claim my loss of earnings from as I haven't been informed about the stay and do you think this is a ploy by the bank to gain the upper hand and get the case thrown out because I wouldn't have attended if I had believed the bank's letter?

[GuidoT]

If the banks request a stay and it is granted then I would ask for your costs yes, although the banks may say that you were notified in advance and need not turn up.

 

I have not seen any posts about Edmonton court and how they are dealing with stays.

[dylon]

Do they have to apply in person or can just phone up the court and request it, and as I wasn't informed by the court about the stay who then becomes libel for my costs,also when I turn up on monday can I hand in my objection to the stay who will decide if the stay can be lifted?

[dylon]

Hello to you all,off to court today still haven't heard anything from the court regards a stay, just one question to ask I have been getting all my paperwork together the draft order for directions a,b,c,d, have already been done haven't they?any help would very helpful at this moment as I am not quite sure what to expect at court today.

[dylon]

Attended court today to try and prevent barclays putting a stay on my claim I meet a James Cutress from barclays who told me he was applying to the court for a stay and he handed me the reasons why they are asking for a stay they are as follows;

 

VARIOUS CLAIMENTS

 

AND

 

BARCLAYS BANK PLC or ABBEY NATIONAL PLC

 

 

SKELETON ARGUEMENT ON BEHALF OF THE DEFENDENT

for hearings on 13 August 2007

 

1.As has now been reported widley in the press , on Friday 27 July 2007 the OFT and the principal banking institutoins providing current accounts in the uk including the defendant, reached an argreement pursuant to which the OFT has commenced proceedings in a test case in the high court in relation to unauthorised overdraft charges.It is envisaged that the principle arising in the bank charges cases will be covered and finally determined in this test case.

 

2.Attached to this skeleton arguement is;

 

a. The OFT press release dated 26 July 2007 announcing that it was commencing proceedings in the high court on the 27 July 2007 on the application of the law in respect of unauthorised overdraft charges and

 

b. An OFT question and answer document in respect of that announcement.

 

c. The Agreement between the OFT and the Banks.

 

 

3. In light of that test case ,which will seek to expeditiously resolve the applicable legal issues the court is invited to stay the proceedings in the present cases pending the final determination of all the issues in the tset case.

Such a stay would facilitate the orderly resolution of these cases, in the interest of all parties and the efficient administration of justice.

 

4. This court and numerous other county courts have already stayrd proceedings for this reason.In addition,consistent with this invitation, the FOS has decided not to progress complaints about current account charges until the outcome of the test case is known.

 

 

When Mr.cutress handed it to the judge I said that I objected to the stay and handed over to the judge my objection to the stay after reading it he told me it didn't infringe my human rights as the test case was only a few months away,and any injunctions against the bank would have to filed on a different occasion and that he didn't think the bank would take any actions against me.

[GuidoT]

Looks like you did your best, can I take it that the judge granted the stay?

 

In my view the test case will not be decided for a year or so. The judge said a few months, even the simplest of cases take 6 months and this is far from simple.

[dylon]

According to Mr.Cutress the test case is set for the 15 Jan 2008 and should last for a couple of weeks or so,does he think we all came up on the down boat,I would like to bet the banks make it last for longer than that and they will appeal the outcome if falls our way.