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Martin3030 v Barclays business LIMITATION WON-now for the fun.

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My claim began by issuing them with the Lba and I included the schedule of charges.

These comprise of unpaids entries various amounts of 27.50 and monthly commission charges.

Since there was no breakdown given in the statements of these charges I had I decided to claim commission charges.Barclays did object saying they were fees,but I argued that I had not agreed to these and could find no reference to me paying them in my original agreement.

I argued that Commision is normally seen as a reward for good results and that many of the charges taken by way of commision had created the account to become overdrawn thus incurring further charges.What sort of account management is this ?My business bank manager should have been more business minded.

Instead all he was interested in was trying to sell pensions insurance and protection schemes which were all aimed at earning him even more commision.

 

So progress to date;

 

Letter before action went unanswered (suprise suprise)

Court claim filed at local Court on22 March

deemed served 25th March

Barclays have until 10th April to respond which is first day back after Easter.

I dont doubt they will file a defence albeit a day or 2 late as they usually do.

Filing for judgement can be a waste of time since it can take a week to get the order issued (by which time Barclays may have filed)

Defendants can still file right up to judgement being issued.

 

This morning I got a letter from the local Branch saying sorry to hear about your complaint.....they cite limitations act and say they will be happy to discuss my complaint.

If we do not hear from you in 8 weeks we will consider the matter closed.

Talk about lack of communication.................

will keep the thread updated.

Edited by MARTIN3030
sensitive info

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Last day for their defence tomorrow......10th.April.

Will be calling the court at 2pm.


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Update;

 

Called the court on 10th and was told NO defence filed but they had up till 4 pm.

called the Court at 4.20pm and was told no they had not filed so I could file for judgement.

Was busy on the 11th so could not get down so instead I faxed the form over requesting judgement.

 

Called the Court office today (is that the time)...or yesterday Thursday to ask if they got my fax and they said yes.

They also said Barclays had also filed....:eek:

I said late again then I suppose I will have to withdraw my app.

She said no we will keep it on file in case they do not file a defence.They have until 22nd April for that.........which prob means 24th......:mad:

keep you posted.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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martin, quickie,

are your accounts still active with B's?

 

I am thinking about doing this but as already claimed on 'live' accounts bit concerned they might get funny and start playing dirty.


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Brief update.

Allocation followed their defence.

Both parties ordered to exchange docs to be relied on in support of claim /defence of.

Court date fixed for 06th September (Today) at 2.00pm

Listed as part of block litigations with an allocated time of 15 minutes !!!!

Mwantime Barclays have sent the leaflet telling me they are to apply for a stay.

 

I have submitted a bundle into Court including the draft opposing any stay.

I have two things in my favour.

 

1. Barclays have failed to file furtherinfo with either me or the Court.

 

2. They have not put in any application for a stay.

 

3. My Court have so far recently allowed all cases to proceed unless there is very good reasons.

 

It is my assumption that Barclays WILL send a representitive whathappens will depend on the Judge.

I have had 3 different ones in previous cases.

Two were very clued up the other not so.........................

 

I also intend to take a list of cases Barclays have settled in the last couple of weeks since the Test case has been going on.

Will post later hopefully with good news!!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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martin, quickie,

are your accounts still active with B's?

 

I am thinking about doing this but as already claimed on 'live' accounts bit concerned they might get funny and start playing dirty.

 

 

Closed account since 2001.

They are more cautious now about closing accounts following warnings from the FOS.

Ok we know it only costs them a couple of hundred quid if they are fined for closing a current account.

If they did this with a business account however and it could be shown that this was as a result of you claiming unlawful charges ....then I think the potential to claim a larger amount would not be out of the question.

Business interruption being the obvious grounds.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Not the result I was expecting.

Turned up and from the notice board I see all the big banks today was here yet the waiting room empty.

As I gave my name in at desk a young woman who I would say no more than 25 called me..........This was the Barclays representitive.

I will be asking for a stay today she said.

Well I know you will but I will be opposing it said me.

We went in and the Judge invited me to say a few words.

I said that I was opposing any application for a stay based on the points I had made in my bundle.

I made reference to Article 6 1 of the human rights act / The overiding objective and Barclays continual abuse of the court process.

The Judge listened intently reading through my bundle.

He then turned to the Barclays rep A miss Sandbach.

She had her law books out and had each point bookmarked with post it notes.

One by one she picked off the points in my witness statement.

A stay will save costs she said as they would likely appeal if it were not granted Its likely that the test case would conclude before any of my own litigation she said.

Reminding her that the banks would drag things out in the test case rulings by appealing she said.....well there will be appeals all round.

The claimant is not losing out materially or financially she said as interst on any refunds due would continue to accrue.

The Judge heard her out and then himself made a 15 minute statement.

Half way through this I knew that she had won.....for the moment.

The Judge said I had gathered an impressive coourt bundle and said there was much legal arguement there but he could not possibly proceed to trial in the 15 minutes allocated.

My court date was given months ago and back then 15 minutes was considered even too long since no banks turned up !!

He went on to ask her what the position was with the test case.

Its January or February she said.

The Judge then told me he would be allowing the stay but that he would allow me to apply for it to be lifted after the hearing he gave the date as March 31st.

Would you believe.....Miss Sanbach then said,I think Sir this should be open to both parties !!!

 

He told me under Article 61 that I could apply to have the stay lifted now but that I would need to show exceptional grounds and that a single DJ at the court here was looking at all apps for stay removal.

So I am going to submit an N244 and ask for it to be lifted.

Back to square 1 down but not out.

 

The Irony is that 2 months previous I was in the same room for my divorce.

Today I came away from there feeling worse than I did then !!!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good luck mate.

An inspiration to us all..


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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Sorry Martin :( Sends virtual hugs to make you feel better ((((( hugs)))


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Update;

 

Following submission of a second witness statement in which I pointed out that Business claims do not fall within the action betwwen the OFT v Abbey and others,

I have recieved notification from the Court of my application and a hearing to have the stay lifted.This will take place in Liverpool in April.Meantime I had a call from Barclays to apologise after I told them I intended to file a copmplaint with the FOS and OFT because they clearly knew when they applied for the stay that they were acting outside their remit.

I have now recieved a letter which Barclays have signed and are requesting me to sign to send to the Court agreeing that the stay be lifted.I want to attend the hearing because I want to ask that it be listed as soon as possible for full hearing.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin, This is excellent news.

 

Clearly, the courts aren't willing to stick their necks out on this issue so approaching the bank is the next best option.

 

We have another case here (Hattie the Second) who's written to Barclays asking for them to agree to move the case on but no reply yet.

 

Watching with interest - I assume as soon as the bank agrees that the court case can proceed, they'll settle with you.:)


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Update.

 

Following my application to have the stay lifted...my local court transferred the application to Liverpool family Courts.

I suspect that this is because they have designated certain Judges to hear applications for stay removals.

In the meantime I have had a consent order from Barclays agreeing to the lifting and asking me to sign it.The hearing is scheduled for Tuesday April 2nd.I have offered Barclays the chance to settle.

My claim is for £3500 including interest to date.

Barclays are insisting that I am not entitled to claim the commission charges.My arguement here is that they had a duty of care and commission should only be due where it has been earned.Most of the commission charges that were taken took my account overdrawn and accrued more charges after that...

Anyway I estimate that with additional interest and a wasted cost order the total figure would be around 4K.

I have offered to agree to a settlement which represents a saving to them of 25% but they are saying that they are going to challenge the limitation and also the comission fees (which were not itemised so I presume this is for the manager )....


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So B's are consenting to the lifting of the stay ?

Wonder what they are cooking up ..


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Martin,

 

Good luck for next Wednesday with your hearing.:)


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Hi Martin Good luck next Wed

 

What do you think about the following....

A&L Credit card claim about 4K.... all before 6 years/mostly interest

I filled in AQ..... and today got POC struck out/statute barred.... got a month to refile statement of case ( I put in the usual limitations act section)

Like you, I ejoy a fight, but am I tilting at windmills?

Is it worth pressing on (more fees)

Is there any chance of overturning 6 year rule

thanks LC


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Thread moved to new forum for business claims :)

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Update August.

 

Stay lifted-case management hearing Liverpool Aug 27th.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Ok here is the lowdown of todays proceedings.

Arrived at Liverpool Family Court-Its quite a big place.

Accompanied by Janet M and Lancasterchelsea we listened as the Barclays Barrister gave a run down of how he wanted things to go.He told he would be asking for a stay pending the ruling of the common law issues.I pointed out that I had agreed to 3 previous adjournments in good faith.I was unlucky that the Judge in the test case had decided to rule on the common law aspects since if this had been known back in November-I dont think I would have had the original stay lifted.

Ok we are called in at 11.45.The court room here is different to my County Court-here was the layout of a Magistrates court-but without the wings.

Defence sat on right-me on left and Judge sat up on balcony in front.Janet and LC sat in pews behind me.

Judge invited Defence to start off.He said basically the situation was that he was asking for a set aside because of the July decisions which were awaiting hand down.Is this a bank charges claim ? asked the DJ....yes ...

So what is the position with things at the moment ? asked the Judge.

Defence had glint in his eye thinking he was now in the driving seat....could this be a Judge who did not know what was going on ?......He continued to talk about the test case rulings.

And this case is one of those ? asked the Judge

Erm....not exactly -in that this is a business claim which differs slightly....he then went on to talk of the commom law element.Judge said ...ok

Right he said.....what do you want to say in reply to this ? he asked me.

I said - Sir,I am aware of the determination of the rulings on common law,however my case also concerns issues within limitation,which I would like to have dealt with separately.It is my understanding that this is also an issue with the defence.

Judge turns to defence.....tell me-are all these charges within the claim outside limitation-or just a part of them ?

All of them replied the defence.

So is there any reasons why a separate hearing cannot take place to consider these aspects ?

Defence replied....yes but it would save Court time to relist a case because the issues of the charges would later have to be dealt with.

Judge continued to add weoght to the case for...but this is an important and valid issue-and one that he is reasonably entitled to have considered do you not agree ?

Defence continued to beatr around the bush-Judge could clearly see he was not in agreement ...So would you have any objections to a hearing for limitation to be heard-surely this makes sense because if you win-then it dismisses the case.

Defence mumbled about how he could apply for a strike out bla bla bla-which I think irrated the Judge,I could see that the scales were tipping.....

He asked if the case had been allocated ?

Yes-was allocated in May 2007 to Small claims.

Judge then asked me-If I was happy for the case to remain in small claims ?

I said yes...then he said both issues ?

I said yes....Judge then said.....I cannot order BOTH at this time since the determination of the charges cannot be decided in this court.

I said Ok.

Right..he said..I will make an order that both sides deliver up to each party and the court a skeleton order.

Do you understand what this is ,,he asked...

Yes of course Sir-Thank you.

I did not ereally want to say that in the last 2 years I have done a dozen of these already.

 

So with that-we get the result that was wanted.

I am sure that Barclays did not want this order-I am not aware of any limitation cases that have been fought in small claims and lost-only the ones where the banks have caved before the hearing.It has implications for them if they were to fight it and lose-even though its small claims because it would provide a tried and tested arguement.

I still believe that these cases are reliant on the Judge of the day....I was very fortunate that today I had a good one----though I bet the Barclays brief wont agree with me on that. :)

Thanks to Lancasterchelsea and Janet-great support and a good learning curve.

 

 

Note to any of the Barclays litigation team reading-Ok you had your day and its 1-0

If you think I have trawled since 2006 to give up now - then you are in for a shock.I intend to see this through to the end-and have some pretty good cards up my sleeve-I hope your Defence can be a bit more convincing next time around......I look forward to Round 3

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Excellent result Martin :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Yes a perfect start to a double celebration hopefully with a win for the Saints at Wembley on Saturday.:)

Go get em............


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes a perfect start to a double celebration hopefully with a win for the Saints at Wembley on Saturday.:)

Go get em............

My thoughts exactly :D


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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..

Edited by JOSH_IOU

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Good day and I think the barrister wasn't expecting it

 

Look forward to the next stage

as you know I will be there :D

 

Really nice to meet you Lancasterchelsea :D


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Well done Martin.

 

Quite right too that the limitations issue should be considered separately, and good that the judge agreed on such.

 

Well done, and roll on the next round, do keep us posted.

 

PM


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