Koala Attack Vs Barclays

[beamie13]

Way to go KA!!!

[littlebea]

i have come home today to a letter sayng my court date v barclays is 7 august at 10am, the judge expects it to last no more than 15 minutes?? i shall be contacting krysta and co shortly myself so am watching this thread with interest

[JackG]

Brill news Koala Attack, how easy was that?

 

Reassuring to know that there seems to be no question of them settling your claim and all others who are within one month of court date.

 

I think thats great news for all of us and very promising

 

 

Well done to you, just shows perserverance pays off!!!

[slick132]

Great going Koala, been watching yours for a while.

 

The contact in post #175 from Charlotte is inspiring to read when my claim is not so far down the line and there are doubts and setbacks all around.

Well done and hope they sttle soon, Slick.

[madhouse5]

Hey KA,

 

I got settlement letter this morning from Dino offering 100% of claim including court costs and 8% interest. My court date was 31st July.

[koalaattack]

Congratulations madhouse!

 

Everyone else, thank you!

 

I think it all may be a little premature however as a couple of things have happened...

 

...basically, they have to check my claim and then agree, so I won't be counting any chickens before I have the money in my account;

 

...secondly, and most significantly, despite what the lady at the court told me, my hearing is a directions hearing so it looks like I may have to fill in an AQ and wait for a proper hearing later in the year. You never know, Barclays may settle before the directions hearing but I very much doubt this. Either way, I have that email from Charlotte now so I will be keeping that and including it in my court bundle if it is needed. Basically, we now have evidence from Barclays that they never intend to go to court, I kind of want to send it to the judge and show him but I guess that's not right is it?!

 

Anyway, I'm confident I should win, I just think it may take a while!

 

Cheers,

 

KA.

 

PS If any of the mods want to copy the email from Charlotte in post #175 and use it as evidence/confidence booster then please feel free. Cheers!

[Micky the Hippo]

hey KA

 

you're claiming CI, is that still right?

 

if so and they're going to settle, hoo bloody rah

 

my N1 with full CI went off a week ago

 

as warming as that email is, 'if they agree with your figures' leaves plenty of room for disagreement, forgive me for being lazy and forgetful but did the £1885 offer relate to anything?

 

watching your thread with some keeness now, if you get it I should get it seems to me

[koalaattack]

Hi Micky,

 

The £1885 was about a third of what I am claiming (less than the full amount of charges without any interest) which I think is about standard practice for a first offer. I can't see what else it relates to if it does, sorry!

 

With regards to the figures agreeing, she actually says if the charges I'm claim agree which they will do as I just took them from their statements, so I can't see how they could argue otherwise? I bet they can though!

 

By the way, I got their defence with the notification of hearing and they have used the standard response but one of the points refers to charges "before 25th April 2001". Is this is everyones' or just mine? I only ask because my claim starts in June or July of 2001 and so I was interested in what they were getting at. Anyone got any ideas?

 

Cheers,

 

KA

[saintly_1]

I think its just a standard defence letter that they just print out with the hope that anyone who has a couple of charges outside the 6 years will worry and withdraw their claim

[Micky the Hippo]

ka, I just wonder if they'll check your paperwork, on the assumption that no-one really has so far and then offer you charges plus stat and dare to to carry on for the CI

 

it's the sensible thing to do if they taking the time to consider things

[koalaattack]

Cheers Saintly.

 

Micky, I see what you're saying, but I'm not sure how much of Barclays delaying is down to how long they spend checking every cases' paperwork and how much is just down to the amount of claims they have in at the moment - I guess they have an incredible number of court dates and they are just trying to juggle all of these.

 

I'm going to take some time and advice and make sure that my case is as water tight as possible and go for everything that I am asking for. Barclays clearly don't want to go anywhere near the court so I am going to fight for everything - there are a few things I would consider waving but nothing substancial; if they were in my position they would screw me for everything they could.

 

Cheers,

 

KA

[Micky the Hippo]

I agree entirely, I think they plain can't handle them and just pay up late to make them go away

 

but if they do offer you charges plus stat ... I think that's something to prepare for

 

watching you, keep all your watertight arguments and letters safe for anyone else following right behind you with a similar claim

 

ahem

[carter56]

KA go for it i am in full agreement with you barclays would have taken every penny they could and more so go get whats yours

good luck

linda

[koalaattack]

Cheers guys.

 

Micky, I'll do you a deal: you use my letters etc and then have a word with Egurt and get him to let Tevez join up with his mate again at Anfield - deal?!

[Trucker]

Koala

 

You could always ask the judge to look at striking out their defence as they seem to be arguing the limitations act. As your first charge is from June / July 01 you could have a good case for Abuse os System

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/97064-we-winning.html have a read

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/51911-rfisher33-barclays-another-defence.html also GaryH post on here

[Micky the Hippo]

Cheers guys.

 

Micky, I'll do you a deal: you use my letters etc and then have a word with Egurt and get him to let Tevez join up with his mate again at Anfield - deal?!

 

Yuk yuk (amused)

 

And

 

Ha ha (derisive)

 

It actually seems slightly possible that we're keeping him so I'll have to demur, how about Reo Coker?

[koalaattack]

Hi guys,

 

Saintly, thanks for that. I think you and Trucker raise some good points but I'm not entirely sure how to go about it to be honest (I know it's probably covered in those posts you've highlighted Saintly but I'm at work at the moment so haven't got a chance to read them fully!) I've just checked my SOC and the first charge is from 27th June 2001 so it's definately after the 25th April deadline they seem to be quoting.

 

I was wondering what you all thought about using the email from Charlotte in post # 175 in my defence? Surely this is the biggest and best arguement that Barclays are just abusing the system?

 

Anyway, any thoughts would be greatfully accepted!

 

Micky - £7m for the captain of the under 21s who has a proven Premiership track record seems a bit of a steal to me, especially given the prices quoted for Micah Richards. Alas, Liverpool have loads of midfielders at the moment so it's Tevez or no letters I'm afraid!

 

Cheers,

 

KA

[oneofakind]

Hi KA,

 

Well done on your imminent success!

 

I'm just a little behind you (Barclays defended on 1st June) and I'm in the process of putting together a suggested draft for directions, hoping to get the defence struck out as an abuse of process. Your post 175 email seems to me to be an admission from them that they don't intend to defend at all.

 

question is, for anybody out there:

 

Is this admissible as evidence (assuming we can provide case nos.etc.)?

[Trucker]

electronic messaging is admissable as evidence in court

[oneofakind]

Yes, but what else do we need with it?

 

KA, are your case details in the litigation section?

[koalaattack]

Hi,

 

oneofakind, I haven't done anything with my case details, what should I do?! Sorry!

 

I'm a little confused at the moment to be honest. I spoke to the court today because I received a directions hearing date (mentioned before) and they have said they have no need for an AQ as it's already been set on the small claims track - I thought this was what a directions hearing was for?!

 

I then asked whether I would need to send in a court bundle as evidence and they said:

 

"No there is no request for it so don't worry. You're welcome to bring along any documents you would like to use but we don't need them before the hearing and neither do Barclays - the judge may give final judgment that day or may send the case down as he would need further time to reach a conclusion"

 

What does this mean for my case?! Does anyone think that may be the reason I don't need an AQ, the case has only been given a 15 minute hearing and that I don't need a bundle is because the court believe Barclays have no intention of showing and that they will settle out of court before this date? If that is the case, surely Barclays could turn up and have my case thrown out as I haven't provided evidence?

 

I'm really confused, it doesn't feel right just sitting and doing nothing to prepare for a court appearance. Can't they see I need structure!

 

Cheers,

 

KA

 

PS I'm with oneofakind here; can I use the email as evidence and what would I need to have with it should I wish to use it. Thanks!

[saintly_1]

KA ... pm a mod with the details of your case

KA v B's

Claim no

Amount

 

I saw an example somewhere but cant find it .... if i do will post it for you

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/general/88757-we-badly-need-your.html