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MARTIN3030

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

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Go get 'em Martin :)


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hiya martin

 

so the update is you have any further news or just won it? im subby as i would like to tackle halifax for further back than 6 years and am trying to understand the limitation info

 

i loved the bit in post 49 that you ensured your info landed on the last possible date,i must remember that very good

 

ciao for now have a fun weekend maz


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Update;I supplied both Barclays and Court with my skeleton arguement,within 14 days of getting the order.

Order was for 14 day exchange.

Court hearing listed for 7.Jan 2009.

After I contacted Court to inform them that Barclays had not filed with me,Court then issued another hearing for 4th.December.

Barclays then wrote to Court objecting saying the 7th Jan should stand,and that I was mistaken in my belief that the 14 day exchange was due now-but only 14 days BEFORE hearing.

I wrote to say the 4th.Dec hearing should stand,and that Barclays were just trying to stall as they had all along.

Court has left the 4th.Dec hearing in place-and ALSO the Jan one.

 

My concerns are that the Judge agreed to hear limitation in the absence of a determination from the test case being handed down.

However since the last appearance the Test Case Judge has determined that the common law elements do not stand...and this is within POCS for business claims.

I am expecting Barclays to apply to strike out any limitation hearing now, based on their assumptions that there will be no case to answer to,given the decisions of the OFT test case.

Edited by MARTIN3030
oops wasnt 9th it was 7th !

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 guys, can anyone tell me is it worth pursuing business claims, i have asked the courts to uplift the stay based on hardship?? any advice would be great

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Kashfat-have a read through the business bank forums !!


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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Ok time almost here folks.

Lets roll....11.15 Wedneday 7th.

Do or die :)

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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Wishing you all the luck and best wishes in the world Martin, you sooo deserve a good outcome from this:)


<<<If I have helped please tickle the scales;-)<<<

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Ok time almost here folks.

Lets roll....1.30 Wedneday 7th.

Do or die :)

 

"Court hearing listed for 9.Jan 2009." ????

 

 

Hope you've got the right day Martin?


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Hi Martin,

 

If it IS tomorrow, I hope you've borrowed Pt's Donkey Filleting Knife for the occassion. ;)

 

Good luck with this. :)


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Nope I got right day ok its Wednesday 7th.

Its a tough call but I am not going there to lose.....Today is Russian Christmas day (hence the Atvar still there )...I will be celebrating either way-of course after getting back from Liverpool at around 3pm;)


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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BINGO biggrin.gif

 

Yes big style intimidation-but it didnt pay off for them.(This morning with 2 hours before Court I was hit with a £1200 costs schedule in advance of the hearing by special delivery before 9.00am-they obviously thought I would be scared-thing is I had no option but to go because If I hadnt then I would definitly have ended up with their costs)

 

I had no time to do any costs schedule in response to their shocker-my train was due 20 minutes after I saw the letter-and only just got to station in time and left car there.

 

Arrived in Liverpool at 11.00 am-Janet m picked me up from station and we dashed the half mile to the Court.Its a big place-12 chambers !!

 

Was promptly called in after going through my script.Same Barrister as had appeared on 2 previous occasions.

Judge started by asking what this was all about.

Barclays-gave the bumf about there being no case to allow the thing to proceed.

Next I was asked what grounds I was looking to rely on.

There then followed a few minutes of arguement over mistake of fact-and mistake of law.

Barrister reckoned I had not proven that I was mistaken....Mistaken on what ? he kep saying.

Judge butted in....well clearly he is maintaining that he was mistaken by paying the charges is that right Mr *** ?

Yes Sir......

Barr then started saying that section 321c should not apply....

Judge then asked me on what sections I was relying.I said "Can I referre you to the attatchments within my skeleton-specifically page 4.Here you will see the summary of the case between Kleinwort Benson and Lincoln City Council ....

Judge read this for a few moments-turned to Barrister and said-well it looks clear enough to me-would you agree ?

Barrister then starts making comparisons with a person buying 1000 gallons of oil in 1999 and deciding in 2009 that he did not agree with the terms and conditions...

Judge asked me to respond-I said that I was maintaining that the limitation should only begin from when it was made clear to me.

I said I saw the Whistleblower in March 2007...and then became aware and asked the defendant for a refund.

Next up the barrister said-but Barclays charges have been ruled out as being penalties by Justice Smith in the OFT v Banks case.

Judge asked if Barrister had any material facts on this ?

Barrister fumbled and said that it was a very long winded document...."Let me see it Let me see it " I will decide if its long winded or not.

Judge then spent 5 mins reading it.

He then asked me to comment again.

I said "Sir,with due respect,the investigation and determination by Justice Smith is concerned with Current accounts The terms and conditions for my account are very different to those Justice Smith observed.Additionally my terms and conditions are historical ones-again Justice Smith only looked at recent ones.I said-in fact the defendants have recently changed their terms and conditions to try to cloak further the matter from the earlier ones.

 

 

Judge then said ok-I now have to decide on either allowing this case to continue or else upholding the defendants request to strike out the case.

He pondered for a couple of minutes.....I had made all the points I wanted and felt as though I could do no more.

 

Judge then said..

 

Having considered both sides,I am not prepared to dismiss the claimant arguement,because it is a valid one for which the documents and material facts he presents,support this.

He was very prompt and swift in his actions once he DID become aware that he could have recourse.

Therefore I will not be striking out this claim.

 

 

Phew...............

 

He then said he will give 28 days for a listing for arbitratory directions-telling Barrister if they wish to appeal they need to do so before then.

Barrister then started saying..."This on one of many thousands of cases that will likely stay in the system...pending an order being handed down by the high Court that will decide on the way all the cases will go"

 

Judge said-ok but this does not affect the order I am making now does it ?

 

So good day-and now we know that we CAN challenge on this.The Kleinwort Benson v Lincoln bits-appeared to have helped swing it but also I think I was determined they would not get their way after the time I had spent taking this up.

Sight of their costs schedule did not frighten me-instead I think it propelled me-because I was furious.

 

Special thanks to Janet M-been there all along with me on this,Photoman banker rhymes with,Castella,hsbcfiddled.

Bankfodder,and others- you know who you are.

 

Well pleased and looking forward to the next round.

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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Wey hey way to go:D


<<<If I have helped please tickle the scales;-)<<<

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Well Done!

 

But what are you hanging around here for...shouldn't you be off having a few Beers by now to celebrate?

 

;)

 

Cheers,

BRW

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Actually I told a fib....it wont be beers....I am celebrating Russian Christmas day with all the stuff including live internet from Red Square...so will be Vodka and sausage rolls......cheers ;)


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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Do you have to sit around and listen to Kate Bush singing Barbushka* though !!

 

aaaaaggghhh, perish the thought !!

 

 

PM

 

 

 

(* Barbushka is the Russian equivalent of Santa Claus is I recall correctly)


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Well done Martin. :) Another good result.

 

Whatever you celebrate with, enjoy it and Happy Russian Christmas Day.:D


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Do you have to sit around and listen to Kate Bush singing Barbushka* though !!

 

aaaaaggghhh, perish the thought !!

 

 

PM

 

 

 

(* Barbushka is the Russian equivalent of Santa Claus is I recall correctly)

 

 

Noooooo not Kate Bush-I have got some good Russ and Ukraine music-and even Karaoke !!

 

Babooska means grandmother !

 

Their Santa is called-Grandfather Frost

 

They also have female Santas-these are called ice maiden!

 

Just on the phone now to the GF in Kiev......apparantly everyone is well sozzled........ha ha.


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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Well done Martin :)


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

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Well done Martin

 

That's Martin 1 Barclays 0

 

Beachy 1 Barclays 0

(Account closure withdrawn)

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How Brilliant , well done Martin :)

 

Tumble

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Martin you done EXCELLENT today :) ..

the barr tried to confuse the matter stating Justice Smith when it had nothing to do with your buisness claim so well done for answering right back with a good argument . . I got the impression that Barclays barrister thought it was going to be cut n dried in his favour :rolleyes: .. he got a shock me thinks :)

 

You know I'l be there with you for the next round .. sorry I couldn't stay around talking over it for a bit but I'm sure you understood my reasons for having to rush off


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

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Yes Jan of course.

I reckon maybe its you who is frightening this guy off..lol

Wonder how much of the £1177.00 he will be seeing ?

 

Called the court BTW to ask what directions (if any) will be going on the order in relation to costs.-clerk said file was not back yet so she couldnt check

 

I was mystified as to why there was no mention of costs-and wonder if the Barr was leaving it off the table until the result ?

Just like the skeleton arguement he suddenly "found" when he was ordered to supply it within 7 days.

 

Well I will ask for costs and produce a copy of what Barclays woke me up with this morning !

 

Next step in advance of any further stay attempts will be a request under CPR for some gems I need from them.

 

Lets not forget-my original stay was lifted-not for limitatation alone but for directions.

This barrister will need to brush up a bit for then.

The gloves are well and truly off :D


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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very well done martin -excellent work --hope your head is ok today after the vodka

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Fantastic to see a fab thread and well done to you and all the helpers who gave you hope, more determination and courage to continue

 

you all deserve such a big pat on the back

 

keep positive and to think these barristers think they know it all, what a laugh

 

laters angel x:cool:


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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