molsi01 v Barclays

[cogley]

Livelylad are you still there? Sorry to barge in on this thread but could you please take a look at my thread Urgent Help Needed re Court Bundles

 

I'm beside myself with panic! Thanks, if you can x

[molsi01]

Question: How long does it normally take between Barclays submitting a defence on MCOL to me finally getting my paperwork? The defence was submitted on around the 15th / 16th June, but I have yet to receive anything further. Any ideas people? Thanks in advance...

[Tipsy0nBacardi]

It took a couple of weeks for barclays defence to get to me if that helps, give mcol a ring they'll tell you when your case was transfered. Once its been transfered to your local court you'll get a notice of transfer and the defence. Hope that helped

[molsi01]

Thanks for the information Tipsyonbacardi. I've decided to take Livelylads advice and phone Krysta (!). I called this morning and left her a voicemail, listing my account number and sort code, and the claim number. Im hopefully going to hear back today from her. I'll keep this post up to date with what happens...

[Tipsy0nBacardi]

Good luck, let us know how you get on

[molsi01]

You can picture me sitting here at my desk now shaking with nerves!

[dar£n]

I dont want to put a dampner on your morning, but Krys has been letting the side down a little recently with not replying,,, she told me a couple of weeks ago that she is going to stop being so nice to stop people contacting her....bless!

 

Try emailing Dino and copying the others in to make sure you get a reply from one of them..

[Tipsy0nBacardi]

I wouldn't get too excited they make take their time getting back to you

[molsi01]

OK, thanks for the information. I will wait until mid morning to at least give Krysta some time to see if she wants to contact me (maybe she'll think I have a nice voice!) but if I dont hear anything maybe I will email the whole team.

[molsi01]

Tipsyonbacardi - thanks for letting me know. (And Im FAR from excited... these are nervous butterflies I've got, not excited ones!)

[Tipsy0nBacardi]

Just keep on at them you'll get there in the end, I'm sure most people get nervous at this stage

[molsi01]

I have another question. I am still waiting to find out my court date and the court to which I am assigned. I spoke to MCOL yesterday and they said the delay is at their end with the amount of forms they have had to process. My question is, while this waiting is going on, is the interest I am allowed to claim back going up? If this is the case, I want to contact the litigation team and ask them if they want to settle to avoid more interest. What do the experts out there think? Thanks in advance.

[saintly_1]

yes the interest is going up daily doubt that they will settle before you have a court date B's seem very 'determined' on this

[molsi01]

Thanks for the response saintly_1. I will send them the email this morning and see what response I get. I have used the text from Post #24 on the Litigation Team sticky... that should be OK shouldn't it?

[molsi01]

Email sent at 10.00! I'll now be sitting here nervously waiting for a response (if any...).

[oneofakind]

molsi,

I'd doubt you'll get any response. A few weeks/months interest isn't very much in Barclayworld...

 

always worth asking, but the general form is for them to settle shortly before having to stand up in court.

 

don't worry though, you'll win!

 

[molsi01]

Hey guys, long time no update I know, but I was sent a court date for a time in January, so I thought there's not much point in updating my story for a while. Anyway, with the new year rapidly approaching, I thought I'd ask there had been any updates to the case that was supposed to be going on that would potentially set a precedent? I will be looking to get my court bundle in order in the next couple of weeks to make sure Im prepared, so I will be using this site a lot again. Thanks in advance...

[Micky the Hippo]

I had my Barclays a few months ago, I took a day and nearly killed myself getting my bundles ready

 

Another day off for the court date, B's barrister turned up and got a stay, no sign of any bundle from them, judge heard me out and was very polite but it was very clear that he had no intention at all to hear the case, actually said that he didn't have time even if he wanted to, stayed

 

I appreciate this isn't helpful overly

 

Perhaps it's worth getting your bundle in and going for non compliance when they don't, not sure that's worked for those that have tried it though, very rusty after all the stays have put everyone's claims to sleep

[slick132]

Hi Molsi,

 

There's a forum where you'll find info about Stays and the OFT test case scheduled to start in Jan'y - http://www.consumeractiongroup.co.uk/forum/barclays-bank/111127-new-forum-stays.html

 

You'd be well advised to at least fully research your Court Bundle and put it together (eg. in a Word Doc't), ready to print off and paginate if it's needed for a court hearing.

 

Doing it now will save you panicking at the last minute as Micky found out to his cost. Also, there'll be many peeps doing the same thing and you may avoid the rush.

 

Here's a bundle link to start off - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Slick

[molsi01]

Slick et. al. - Thanks for the advice - I will be starting my bundle today and not rushing it so I can get it done correctly. I do have another couple of questions though: Will I need to talk about and reference all the parts in the court bundle while Im in court, or do I just need to be clear on the communication I've had with the bank, and my statements?

Also, because these cases have been going on for so long now, Im assuming most courts will have had some experience in these cases. Do you think this will work in my favour or not? Thanks again for all the help so far...

[slick132]

Hi Molsi and great to see you preparing in good time.

 

The theory has been up to now, if you prepare a decent Court Bundle and submit it to the Court and Bank when required to do so, the Bank will not. You win in Court when the Bank offers no defence or they settle before Court.

 

In preparing the Bundle, you will get to see what it comprises but you will not be expected, normally, to talk in legal terms about it's content.

 

You may well end up in Court, but not to fight your legal case on the day - more likely to win by default.

 

Once the Test Case is concluded, we'll all know better how all the Stayed cases are likely to proceed.

[molsi01]

Thanks again Slick - invaluable help!

[molsi01]

Ok guys, some more (logisitical) questions about Court Bundles...

I have a LOT of paper work (statements, example cases etc.) - does the court not mind receiving all this paperwork? Also, did people compile it into multiple envelopes, or in one massive bundle in a box? I'd rather be over prepared than under prepared, so I have copied all my statements, hence the large amount of paper work. Any advice would be great guys, as it needs to be with the solicitors and the court by the 16th of this month.

[slick132]

Hi Molsi,

 

Please confirm what Directions were given for the Hearing on 16th Jan. Just wondered WHY you have to submit Bundle at this stage. You mention solicitors - do you mean Barclays Litigation Team?

 

Use a lever arch file for each of the 3 Bundles and dividers to seperate the sections. There IS a lot in each Bundle and preparing them takes time.

 

I hope others will be inspired by you doing this in good time and not leaving it till the last minute.

[molsi01]

Sorry, maybe I wasn't clear - my instructions say the documents should be with the other 'parties' 14 days before my hearing, which is on the 30th... hence the 16th deadline. I didnt think of Lever Arch files... that would increase the cost of getting it delivered though, wouldn't it? My court is near where I work, so I will be delivering the court's copy by hand, I was just going to put the bank's copy in a big jiffy bag.