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

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Hi Martin,

 

A good result for you.

 

Onwards and upwards................


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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

 

As you know Jan -If you cant make it I will ask for an adjournment......I think I am entitled after their 3 ;)lol

 

pity we forgot to mention Cag ..as we have done with RBS and Citi Sols...its funny how when you mention those 3 letters they always ask the usher where the toilets are.....:)

  • Haha 1

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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Hya again Martin and well done on your stamina mate. 3 muskateers eh.

I'm only just catching up on posts and it's taking me for ever reading everything. Looks like you've been through the mill again, pal, Chin up you're inspiration to us all

Freebird x


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Aww thank you-I get inspiration from others too-your courage is more than I could ever find.....its great to see you around.I have lots of time for good people-and I know you are one of those.:)


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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Hi Martin,

 

A good result for you.

 

Onwards and upwards................

 

 

TA mate-I hope the operative word for Barclays will be....DOWNWARDS :lol:


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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TA mate-I hope the operative word for Barclays will be....DOWNWARDS :lol:

 

We can only hope Martin


"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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Hope will not get a result,If we could rely on hope alone then we could all sit back and wait.

I intend to think a bit more positive-so I can win my bet with J2B for half a Stella.


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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.............

Edited by JOSH_IOU

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Just subbing :)


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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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Janet nice to meet you and Martin

I'll try and get to the next round.....


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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Well done Martin, thorough as usual. Just a note to confirm something you said earlier about the Judge on the day. I was in court myself earlier this week on a CCA issue - I presented a skeleton argument I had worked for days on - weeks even researching, it was presented to the Judge and not even read. My earlier working papers I'd copied the court were read, but the new skeleton was not. Hearing booked for 11.45 called in at 12.10 (lunch was 1pm - I'd asked) Judge was in a hurry as was running late covering for the judge we had scheduled and told us he had a 'pressing appointment' so nothing was discussed in detail as it should have been. I was Litigant in Person - finance co were totally in the wrong. Barrister for claimant took advantage of judges lack of CCA knowledge and confused him - I lost and was asked my views on the costs - I said it would be totally unjust to award costs against me as I wouldn't have been there if the claimant had responded to my claims (not a bank charges claim) 6 months earlier when issues first raised. Judge found for the claimant. The day will probably cost me 3 grand - wrong judge on the day no matter how right my case was. So people do have to be aware of the risks of being LIP's even if they feel their case is totally watertight - doesn't always say you get justice.

 

People here might think " well there must have been something wrong and this is sour grapes" - in fairness I did have one or two issues they could genuinely argue in their favour, but to not read my skeleton which detailed with great accuracy my claim - was an injustice which cannot be returned to.

 

Just thought I'd warn people.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Hi just want to comment on your post:

 

In my opinion and now having had some experience in court etc..if your at all in doubt and or feeling you have been surprised, such as your argument was not being heard then, simply request an adjournment, re group and try again another day. :)


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Hi just want to comment on your post:

 

In my opinion and now having had some experience in court etc..if your at all in doubt and or feeling you have been surprised, such as your argument was not being heard then, simply request an adjournment, re group and try again another day. :)

 

Adjournment? of what? Sorry I'm not following your thought trail here..I listen to everything people have to say, there's always a gem in there somewhere!


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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the new skeleton was not read. Hearing booked for 11.45 called in at 12.10 (lunch was 1pm - I'd asked) Judge was in a hurry as was running late covering for the judge we had scheduled and told us he had a 'pressing appointment' so nothing was discussed in detail as it should have been.The day will probably cost me 3 grand
My point was: If you felt nothing was discussed in detail then, could you not have requested an adjournment, in the hope that perhaps a different day, different judge may have been more understanding?

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My point was: If you felt nothing was discussed in detail then, could you not have requested an adjournment, in the hope that perhaps a different day, different judge may have been more understanding?

 

Ah, at the hearing you mean, stop the hearing and ask for that to be adjourned, don't think I would have been flavour of the month if I'd have done that! It's bit difficult when it's all unfolding as you go along. I'll have my day don't worry. :D


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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yes, that was basically it :) Have had it in the past with DCA's they will say something like " We are asking for a 2 week adjournment in order to negotiate" they don't negotiate but, it makes them look reasonable. Hope you do!


Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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I understand what Andrew is saying-Of course each side has time to speak-I have been in Court when the Defence have had their copy of Blackstones and reading it ....

It does depend on the Judge-in my case I remember the Barclays Barrister saying he was going to ask who the Judge was-he went to counter asking-I then saw him on his mobile phone as we went for coffee.It seems clear that he was taking or asking instructions-I think we should remember-these ppl spend their working life in front of Judges so know how the clock ticks-or the cogs.

 

CCA issues are probably something that many judges have not seen before them-and although the defence can explain things-the Judge will always come back to the LIP for a reaction.So its a case of having knowledge to dismiss their arguements.

I cant understand why the skeleton arguements were not read-only for the reason as suggested-that the Judge in the case didnt understand them and allowed the other side to manipulate the proceedings.


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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The judge most likely agrees with you that they are unlawful.

And like me wish the banks would roll over and die but is afraid of losing his sallary or afraid of it going into someone elses account.


"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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WTG Saints x


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Hi Martin 3030 et al,

 

Great result and interesting reading.

I'm in Lambeth court tomorrow defending against NatWest in a £25k overdraft fees and interest claim.

 

It's the second allocation and direction hearing. My main aim is to ensure that the matter goes to court without a further stay or delays.

NatWest have succeeded in delaying the case by 18 months already, and charged me about £16k interest during this time.

 

So my second aim is to have this interest calculated at the court rate - this will in itself return the case to the fast track.

The judge previously disallowed legal costs, suggesting he isn't totally convinced by the Claimant's arguments.

 

Any thoughts?

 

ASKL

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Dont you mean Defendants arguements ?


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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Hi. As unusual as it seems, I am the defendant in this case.

 

NatWest is taking me to court for £28k, £25k of which is excess overdraft charges. I offered to pay the balance back in 2004.

 

I was a guarantor for an internet company that was profitable but brought down by NatWest when it started bouncing business critical cheques even though the account was well within the guaranteed facility limits.

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Hi Martin , I have pm d you a couple of times ( your box is full) and found this post . I remember you kindly offering to attend court with me a couple of years back when I had a hearing to challenge limitation act , however the bank paid out so it didnt go ahead. Its good to see your still as passionate. Im spending hours trawling site again for info !!!! Can you pm me when you get a chance.

 

Thanks

tumble:?

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Sorry tumble my pc crashed at home so am very limited.I an writing this from public library.I will pm you as requested.

 

Ok update on my case;

 

The 14 day exchange and filing of skeleton arguements was up on 10th.September.I sent mine to both Barclays and Court by registered post and have proof of delivery in both instances.Barclays have again failed to comply and I have given them 2 extra days.This is the third time they have failed to comply with submissions by the date ordered.There for I have today applied for Judgement and a strike out of their defence for abuse of process.If they DO file in the meantime they will have to pay the costs of my N244 for the application.I am tired of them being allowed to systematically think they can do as they wish with no response.

To be honest I am looking forward to seeing their skeleton because since I have made it clear that I am going for Section 32 1 c under "Mistake" I fail to see how they can challenge it since its a valid arguement in this matter.

Will keep you posted.

The letter that confirmed the order from Court also gave a hearing date for 7th.January 2009 to consider the limitation.I know Barclays will be hoping and expecting that by that time a decision on historical charges will have been handed down.My feeling is that the Judge may have known Barclays would struggle to answer my skeleton-and its clear that they wasnt going to send theirs until they had seen mine-Of course I knew that-which was why I timed it to land on their desks on the last day.;)


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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still no sign of reply from Barcs

Have filed N244 for judgement and strike out.


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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