Hippo v Barclays

[slick132]

Micky,

 

Best of luck for your hearing and glad to see you're taking the fan club (is she really a barrister?).

 

Things crossed for you and await report.

 

Slick

[Micky the Hippo]

Stayed

 

Bs represented by a Miss Wells from Fountain Court, gave me a skeleton argument which went on a bit but basically said let the High Court deal with it

 

Judge Cohen was a decent sort, I did a short version of the stay appeal argument from here and it sounded very good to me, the lady wife was impressed

 

Miss Wells and the judge agreed that the Human Rights Act didn't apply as the OFT case was 'a couple of weeks' away and that even if the case was heard an appeal would take it past the OFT so what was the point, he was decent enough to admit that there wasn't time anyway. She said my estimate of up to two years to conclude the OFT case was sheer speculation without offering a figure of her own, as did the judge, I asked the judge at the end what period of time to wait for settlement would be unreasonable, he laughed and said he couldn't say, it was all unprecedented. He made a polite remark about my bundle(s), 'very careful', he also politely suggested that it could be a bit smaller

 

And the skeleton argument from B's was headed 'Various parties v Barclays' with the case numbers listed in the corner (six cases)

 

I laughed and pointed that out to her, she laughed too and said she'd been there all day

 

Good experience and the judge was cool but I'm sure that there was zero chance of avoiding the stay

 

ah well

[saintly_1]

You tried your best and thats all any can do in the circumstances

[Micky the Hippo]

yep

 

I am annoyed though at the way B went about it, leaving until the day like that

 

NW and Coop got their stays in well early, fine

 

but this one I took two days off, one to get the bundles finished and delivered and one for the case itself, some serious hard work in there

 

and presumably a slot in the court's diary too

[saintly_1]

My judge has given B's until the 1st of Nov to make any applications or its listed for a full hearing

[Micky the Hippo]

good for you, I was ready today as well, had it all pat and straight in my head

 

won;t B just ask for and get a stay when they show up on the day or have they already tried and failed?

[saintly_1]

They havent tried so far ....... but thats what im thinking ..... however it would depend on what directions the judge actually gives for the full hearing i would imagine

[Micky the Hippo]

B seemed on the ball at Edmonton at least and I have to admit that their stay application was persuasive to the judge at least

 

best of luck though, I've got two lovely court bundles if you want them

 

barely used, especially the judge's copy

 

I didn't get the bank's copy back, suspect that's in mint condition too

[saintly_1]

[smutley]

Hi Hippo sorry to hear your case got stayed, but thats what happened at mine last friday in Cardiff. Our Judge is going to write his reasons in a letter which apparently should arrive this week. You did your best but the outcome was all ready in the bag. Ive also got 3 bundles up for grabs!!

[slick132]

Hi Micky and soory about the stay.

 

Just one point, if you didn't get bank's copy of bundle back, you should maybe drop BLT a letter to say bundle given in person to Miss Wells, bank's rep, at hearing on 22nd Oct.

 

Otherwise they'll say, "We never got it" (in a whiney voice).

[Micky the Hippo]

aye aye slick, although i do have a receipt from a B employee accepting said bundle

[Micky the Hippo]

hello all

 

I have a letter from the court instructng me to proceed or be struck out, frankly I've forgotten everything now and even then I ws doing a template claim

 

Is anyone getting anywhere with their regular charges claims since the Supreme Court decision?

 

Thanks

Hippo

[slick132]

Hi Micky,

 

In the majority of cases - No !!

 

A standard method of reclaiming is no longer a viable option. You need to make a claim based on your individual circumstances, with regard particularly to the issue of unfairness.

 

There are cases still going on, and there is ongoing work in challenging the banks. But the concept of mass reclaims with standard templates is over, for now at least.

[Micky the Hippo]

hey slick, where did two years go?

 

anywhere i can see a thread of that kind? looking around and the forumm threads about bank charges seemed to have died off

 

what sorts of individual circumstances?

 

I rather sobbed today reading how early in the thread I was offered 80% of my basic initial claim

 

thanks

Hippo

[slick132]

Hi Micky,

 

Yes, with hindsight, 80% would have been good but it didn't work out this time.

 

Not sure where the relevant threads are now. The announcements about this are no longer showing as they've been updated.

 

If I come across the right threads, I'll post you a link.

 

WHOOSHH !! That's the 2 years flying by.

[Micky the Hippo]

Thanks Slick

 

I suspect I'm going to call this a day, I did get a few cases settled, just such a shame that I didn't get the ball rolling a few months earlier and get it all done before the OFT stepped in to save me

 

ah well, it was all such fun while it lasted

 

Thanks again to everyone that helped

Hippo

[slick132]

Hi Micky,

 

Sorry I couldn't find this before - The Consumer Forums - FAQ - The New Bank Charges Position

 

It's worth having a read anyway.

 

[Micky the Hippo]

Thanks for that, always been the way with this forum, finding key documents etc

 

gawd, that all makes sense, I did contract law and the tutor pointing out that almost all contracts we enter in are disproportionate and unequal

 

It be really nice if some bright spark had already run this argument sucessfully wouldn't it

 

I'm really not sure that I'm the man to be the tip of the spear, I presume the banks would defend this argument

 

To use this argument means a revised POC? Or is it a whole new case?

 

Not your problem I know, thanks again

Hippo

[slick132]

You'd have to submit a revised POC on an N244 Application.