dylon vs the woolwich

[welshcakes]

Surely the bank will realise you are splitting the claim (they would know if you are owed over 5k but only making a court application for £4999 that you intend to take them to court twice) - knowing that they would potentially have to double their admin/legal fees for dealing with one customer, it would make more business sense for them to get 'rid' of that customer asap by a quicker payout?

 

Sorry, long winded sentences there but do you see where I'm going? It might (ironically) speed up the process if you split it.

[welshcakes]

Just checking, has Woolwich ever been reported as having taken it all the way to full hearing?

[welshcakes]

Hi Dylon

 

I think it's worth a one line mention and if you have requested Woolwich T&Cs and not had them provided, I think it's always useful to point out that despite your best efforts, Defendant has failed to furnish etc.

[welshcakes]

Hi Dylon

 

The T&Cs have undoubtedly been re-worded so I would cover yourself by including them as "CURRENT T&Cs in absence of original T&Cs". That way, any reference that B's makes to their T&Cs in support of their case is technically negated as they are referring to a document that was authored after the account had been opened.

[welshcakes]

Link hasn't been updated, Bookworm is aware. For now use:

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

[welshcakes]

What email address are you sending to Dylon?

[welshcakes]

Hi dylon, Barclay email address are normally first [email protected]

 

eg [email protected]

[welshcakes]

Yes The dot is crucial

[welshcakes]

I'm afraid the official statement is that the UK banks will be requesting of all courts that all current claims are Stayed pending Test Case Outcome.

 

I also think it is very, very likely that the courts will agree (hopefully some will get a Maverick judge who carries on regardless!) Problem being, such judgements could likely be successfully appealed and reversed into status of Stay in line with rest of UK.

[welshcakes]

1) None and 2) hopefully justice

 

are most honest answers I can give.

 

Wish I had a Crystal Ball pugg

[welshcakes]

No Dylon, I think it's worth keeping stumm and hoping that they don't turn up in which case you win by Default

[welshcakes]

I think there's been many incidences of Barclays not sending a rep to the court because they 1) have thought the case settled 2) have been so disorganised as to lose track of claims and court dates and now 3) If there are mass Stays for other bank charge cases on the day at your court, they make consider all Stayed and not be there for the few that still go ahead.

 

In any of these events, take along a breakdown of your costs in prusuance of the claim as many judges are also awarding these when the Defendant is a no show on the day. Unless the judge asks, yo need to request costs as it's no mandatory but it is a great opportunity to accentuate all the time and effort you've been forced to spend by a Defendant that had no intention of turning up on the day!

[welshcakes]

Hi Dylon

 

Basically your costs & expenses, basically seeking costs against Barclays. I can PM you an example (Word document) if you need it.

 

Whilst they can turn up and request it at the hearing, any good judge would be miffed at this as courtroom courtesy expects parties to provide a 2 day grace before the day.

 

Really up to the judge - he might be the sort who orders an adjournment and gives the Defendant more time (won't be the first time that's happened).

 

So it's a case of go to the hearing positive and politely. Just because you're litigant in person, doesn't mean you should feel in anyway less equiped than some office junior from B's solicitors. Be firm and clear about you want

[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