Hippo v Barclays

[Micky the Hippo]

that would make two of us then

 

cheers slick

[Micky the Hippo]

right, I'm going with the basic bundle, if it does come to legal arguments, I think it'd better be something simple and erm ... basic, I also don't see much point in dumping 200 pages of case law on the judge, the lady wife doesn't think so either

 

charges as of court day are a handful of change shy of £2k, never mind the CI

 

got all the paperwork to hand I think so just a matter of sticking it all in order and filling in the case summary

 

I think

[slick132]

Micky,

 

You'll be fine with that. What's in your Bundle will be less important because you'll have one and bank won't.

 

The Stay will be the one to avoid if poss.

 

Slick

[Micky the Hippo]

yes, I've flirted with the advanced one and there's far too much of it

 

I've got to supply a witness statement, any idea where that be for the basic bundle, the magnificent opus I have is for the advanced bundle

 

I'm leaving the stay argument for nearer the time naturally, is there a useful whatever to help with the in court argument for that, presumably something lively about the bank not being prepared to defend etc etc?

 

and thanks again slick

[slick132]

Hi Micky,

 

Check here for witness state't - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

Or there's a link here. Amend to suit your own case first - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111518-lloyds-witness-statement.html

 

Re Stays, there's a forum for this now with links and debate - http://www.consumeractiongroup.co.uk/forum/barclays-bank/111127-new-forum-stays.html

 

Problem is, even when banks have failed to comply with specific Directions, judges are agreeing to bank request for a Stay. Despite applications being made to lift the stay, and the existence of specific anti-Stay Court Bundle, success is almost unheard of. That said, some judges are still making their OWN decisions. Link here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 Take 3 copies with you to court anyway, if nothing else.

 

Slick

[Micky the Hippo]

thanks slick

 

I might be wrong but I've read those links already and the Lloyds witness statement, excellent as it is is for the advanced bundle

 

and the thread with some documents doesn't have a witness statement, they've got a correspondence record thing which is almost ok but the arguments at the end smack of it being for an AQ or something, it's a year old and seems to be using the old 'unjust enrichment' argument that I suspect is now out of date and no longer used

 

I'm struggling to resist going with the advanced bundle, I've got the rest of the bundle in place and I can get it copied, just, my only reservation is reading it and getting at least the gist

 

Is there any hope of someone giving me a link directly to a suitable witness statement for the basic bundle? I've looked and looked and not found anything that looks right

 

running around all day but back to this this evening, someone save me from having to copy and read that bloody great advanced bundle ...

 

thanks again for your help

 

aye aye on stays, no illusions here, I'm hoping to make some sort of argument about the bank not following procedure and not coming to court prepared to defend, perhaps something about the uncertainty of the OFT action now that Capital One fella has spouted off

 

and fingers crossed for me there all on my ownsome

 

Hippo needs a new pushbike

[slick132]

MtH,

 

I've asked for help with Witness State't to finish your bundle.

 

Slick

[Micky the Hippo]

very good man, that's greatly appreciated

[Micky the Hippo]

umm, if I cant get a witness statement for the basic bundle I'm going to have to switch over to the advanced bundle fairly shortly, no biggy as I've got all the info printed out (I think), I'm just not awfully keen on incorporating the 200 pages of case law and having it copied

 

seems silly to me to be dumping all that paper onto the judge, surely it's all accessible to a judge of all people?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html#post1143163 Have a look at this one it can be amended to suit your case

 

 

Sorry its taken me a while to get back to you but was AFK all yesterday

 

 

Saint

[Micky the Hippo]

hello again and thanks, no need to apologise for having a life

 

Unless I'm misunderstanding thins that's some sort of appeal for the case to be heard in the small claims court isn't it? I'm already in the regular county court, all I'm after is a basic version of the all singing and dancing advanced witness statement, I've looked and looked and not found anything that fits that bill

[Micky the Hippo]

I'm going to go with the advanced bundle, times getting a bit tight

 

If there's such a thing as the latest argument for Contractual Interest that'd be handy, I'm only hoping to get that if the bank doesn't show and I only have to convince a sympathetic judge

 

And something to say if they ask for a stay on the day, something indignant would be nice

 

I have to get this all squared away tonight ...:o

[Micky the Hippo]

I've skimmed that Advanced Bundle Witness Statement and it's good stuff, it made sense, I think I can get conversant with it by the 22nd

 

Consider me Advanced Bundle

 

Have to get my variances in for CI, can nick that from my POC

 

Gonna have to splice in some reasoning for CI

 

and get something ready to splutter about if they ask for a stay although that can wait for next week I guess

 

right, the brave printer/copier has has blasted me out another 198 pages of the case notes, one more set of them and then we can see how it likes copying 6 years of statements, it's the whole lot because I'm claiming the interest on the charges too

 

some tiresome page numbering and updating the Witness Statement to reflect where the various things referred to are to follow I suppose

 

any advice of dos and don;t from you experts welcome, it looks straightforward enough at the moment

[saintly_1]

What were the exact directions that you got from the court re your hearing ?

[Micky the Hippo]

small claims, 15 mins

 

all documents to every other party 2 weeks before

 

original documents

 

signed statements of all witnesses on whom each party intends to rely. This to include the evidence of the parties themselves and of any other witnesses

 

That last sentence is underlined

 

I'm taking that to mean a Witness Statement

[Micky the Hippo]

that advanced witness statement refers to stacks of cases that aren't in the list of things to print out and include

 

what signifies what should go in?

 

just the stuff linked on the advanced court bundle I assume

 

god knows that enough, got to be over 400 pages of case law alone

 

is that right?

[saintly_1]

Have found this ..... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/103771-abbey-court-bundle-witness.html#post983818 Dont forget all templates should be amended

[Micky the Hippo]

Thank-you although I've done the advanced bundle now so that's what I'm going with, I'll have some reading to do in the next week though

 

that one looks more or less the advanced bundle anyway

 

I'm just unsure of exactly how much of the linked files in the advanced court bundle page actually need to go into the bundle, there's so much of it, surely no-one is going to read it?

 

Is it all there just in case on the day?

 

I've seen the HL call on CI so that's handy, Just want some actual argument based on it and some argument against a stay, suppose I can hash that up in the coming week

 

got one bundle made up, just needs numbering and the Index numbering up and then update the Witness Statement page references

 

whew

 

thanks again for your time, appreciated

[Micky the Hippo]

What a nightmare of a day, been bundling all day without stopping

 

Did it all in the wrong way, copied before numbering, doh

 

Finished the court bundle at 3.40 precisely, having stopped making up B's bundle an hour before as the deadline loomed

 

on the scooter and ride of the valkeries to Edmonton County Court, arriving with seven minutes to spare, and the wait for fifteen minutes as the nutters of Edmonton argued with the staff in 'General Enquiries' as if they were in court

 

A man demanding over and over again that he be paid his money right now was repeatedly told that the judge had ruled against him and he must appeal to the courts

 

'tell the judge to read the papers again and then he'll agree with me'

 

he had a plastic carrier bag literally stuffed full and over with crumpled papers, he's coming back on Thursday btw

 

the lady behind the counter beamed when she realised I was only dropping off a bundle and beamed again to open the cover to see my lovely case index all headed up with case number and so on

 

I simply didn't have time to mark up the outside but she assured me she'd be happy to do it, what a relief

 

Still have to finish the bank's bundle but only the correspondence and court docs section to make up now and all the gremlins already sorted hopefully

 

gonna drop it off at the branch near work in the morning, they can hardly grumble if they haven't submitted a bundle themselves can they?

 

I can't wait to do my next bundle the easier way

 

Now, what exactly will I need on the day, will I need to have a prepared argument to convince the judge about the validity of my case? And is the gist of that argument lying around somewhere?

 

Or am I more or less going to orally repeat my witness statement, it's the advanced one with a few bits chucked in to support CI, jut to show willing, I'm more than happy to settle for charges plus stat

 

And to be honest I won't cry about being stayed that much although it strikes me as a diabolical liberty to have to make up bundles and prepare for court when B presumably will roll up and grunt 'stay', doubly so if the judge lets them have it

 

oh and I diagnosed and changed the carbon brushes on the washing machine all on my ownsome, easy when you know how, granted but proper manly job squeezed in at the end of the day

[slick132]

Hi Micky,

 

Glad you got it all sorted and sent.

 

Without the CI, I don't think you would need to go to court - they'd settle when nec'y. With the CI claim, however, you may need to argue this in Court with Barclays defending, but I'm out of my depth with this.

 

I hope others may advise you re the CI element of your Claim.

 

Washing Machine repair - brilliant - and saved you repair bill approaching £100 I expect.

[Micky the Hippo]

Howdy slick

 

much happier now than I was at about 3pm this afternoon that's for sure

 

just finished the bank and master bundle this minute

 

the OFT nonsense dropped on my cases about a month before the settle up stage, ah well, I can only imagine that they've forgotten to get their stay, they wrote me the usual letter ages ago telling me they were going to stay the case

 

CI was always in there for a punt, people were getting it when I started and the banks were settling everything, my attitude has always been that there was nothing to lose, I've read of someone that gave it a really good go in my court of all places and got turned down so whatever

 

and yeah to the washing machine, I'm not that handy so I've rather surprised myself

[Micky the Hippo]

as luck would have it I was reading some Contract Law for my brand new Law degree course and lo and behold the chapter on Unjust enrichment and restitution, almost word for word as offered on one of the threads on here

 

heaven knows what wonders lurk hundreds of pages further in the tome

 

I can help you if you're nicked for trying to sell flick knives or under weight loaves of bread

 

Bust as you want this week with course reading

 

gonna have to scrabble together something simple to say in court over the weekend, that's busy too, is there anything useful on this site?

 

anyone

[smutley]

Hi Micky, Ive got my hearing tomorrow re lift the stay, I know it will be a foregone conclusion, but like you are wondering what to say, not sure if just to read out the sketeton arguement/witness statement but think better to have something 'homemade' to say, so will be watching your thread to see if you get any replies on what to say! good luck with yours, take it that your hearing is next week?

[Micky the Hippo]

Monday 22nd

 

Best of luck with that stay, nothing to lose, I think decide what you will say and make sure you have it pat, judge knows you're a know nothing grunt, polite and well dressed and clean thereafter

 

I'll have to get something ready for stay as I daresay I'll be stayed on the day

 

after a day off to prepare bundles and gawd knows how much time preparing (not enough naturally)

 

very very very annoying if they do

 

I've read far too many threads where people say the judge had seemed to have made his mind up before B's wallah had even stood up

 

still, what can we do but play the cards and keep going until the eventual conclusion

[Micky the Hippo]

shirt and trousers ironed

 

notes and arguements for the court all ready

 

last snack of cheese and crackers being eaten, lets hope the judge has a better lunch and Barclays are all in deep sleep

 

leaving here at 1pm for court at 2pm, hopefully

 

home this afternoon with either a fat cheque or a thin stay, the barrister lady wife is coming along for a laugh

 

wish hippo luck

 

stand by for news later today

 

hippo out