African Igbo vrs Barclays/Woolwich

[african_igbo]

Oops I may of mislead you all I have sent my AQ and Draft order which had to be in before the 27/07/07 which it has I telephoned the court who state that Bs haven't sent in anything other than the Notice of defense.

 

I was under the impression that they also had to file a AQ before the 27th of July to which I was told by the Courts that Bs haven't and they told be to send a Request for Judgment is this correct as I just assume I wait for the Courts to allocate my claim set the date (possible November 2007 ), issue directions etc etc and wait as Bs told me over the phone that they will not be doing anything until the Test Case.

[saintly_1]

If B's havent complied with the sending of the AQ then you can apply to have their defence thrown out and receive judgment in your favour

[african_igbo]

How do I apply to have their defence thrown out and receive judgment in my favour

can I send the the "Request for Judgment" slip.

[african_igbo]

Is there a general letter to get Bs (Banks) to have the defence thrown out of court.

Cheers

[saintly_1]

Send a letter to the court stating that as Barclays have not submitted their AQ that you request that their defence be thrown out

[african_igbo]

Excellent I am on it.

[african_igbo]

Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 31/07/07

Dear Judge.

Claim Number: 7xxxxx

 

Claimant: xxxx xxxx vs Defendant: Barclays Bank PLC.

 

Please can the Barclays defence be struck out for not submitting their Allocation Questionnaire and returning there Allocation Questionnaire on or before 27th of July 2007.

which has now passed.

 

Your Sincerly

[welshcakes]

You are able to apply to the court for default judgement for failure to comply with protocols.

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 they have not complied with the Protocols as per the time frame given for filing the allocation questionaire. Linkhere

 

The application to the court is to have the defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

[african_igbo]

Hi Please can you proof read and confirm if I can send this application to the courts.

 

 

Claimant xxxx xxxx Vs Barclays Bank PLC.

 

This application to the court is to have the Barclays Bank PLC defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

 

Cheers

[african_igbo]

Welshcakes - Here is my draft is this sendable Thx

 

Cardiff Civil Justice Centre

12 Park Street

Cardiff

CF10 1ET

Date: 01/08007

Claim Number: 7CFXXXX

 

Claimant: XXXXXX XXXXXX Vs Barclays Bank PLC.

 

Dear Judge

 

I am applying to the court for default judgment for failure to comply with protocols.

 

This application to the court is to have the Barclays Bank PLC defense struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

 

Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 that Barclays Bank PLC have not complied with the Protocols as per the time frame given for filing the Allocation Questionnaire

Power to strike out a statement of case

3.4

(1)

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)

The court may strike out (GL) a statement of case if it appears to the court -

(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)

that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

©

that there has been a failure to comply with a rule, practice direction or court order.

(3)

When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)

Where -

(a)

the court has struck out a claimant's statement of case;

(b)

the claimant has been ordered to pay costs to the defendant; and

©

before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)

Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)

If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit -

(a)

the court's order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

Yours Sincerely

 

 

 

XXXXXX

[slick132]

Hi A-I,

 

Sorry to butt in but, from my reading of the link, isn't the section you require 3.4 (2c) where B's have failed to comply with Court Directions.

 

Slick

[african_igbo]

Thanks for that I will use that one after re reading and digesting it all.

But I have heard that this move would cost me possible £65.00 in court from a CAG member who spoke to the Courts.

[african_igbo]

Hi List well I got a Court Date for November so peeed off haven't bothered noting the date!. As what I have read and digested is that it will fall under the so called "Stay of Notice" and like most ppl will be confirmed once a " Test Case" is over and possible appealed if we win.

 

Thus while my case is pending and ready to got to court can I have any more charges differed or set to a more comfortable figure until this is concluded.

[slick132]

Hi A-I,

 

So I take it B's submitted their AQ and it was accepted by the Court and it's next due for review in November.

 

Take heart that some cases are still being won because the banks are being lazy and complacent.

 

If your case has not been Stayed by your Court, you can prepare to fight a Stay if it is sought by B's in November.

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html - for some inspirational reading.

 

Regards, Slick

[african_igbo]

Telephoned the Courts - Yes my case and others on the 14th of November will be "Stayed".

 

Great Country this work hard, taxed hard it rains most of the time and the Law's that be rain on us as well! without any hesitation What's Great about living in Great Britain imao.

 

Thx slickwilly132 for a bit of inspirational reading.

[slick132]

A-I, Seeing your post on the Cardiff thread, it looked like you had different directions. It's seems v confused there in Wales.

 

I see the inspiration didn't last too long then. LMAO too!

 

Slick

[african_igbo]

Hi Do I need to send my court bundle yet!.

[african_igbo]

Hi Slickwilly132 I did get a updated letter that mine is also under "Stay" thus have I got to send anything to the courts i.e my court bundle plus is there information on the next procedures so I can read and digest and prepare for what ever arises next!.

[slick132]

If Court says you're Stayed, all you can do is apply for Stay to be lifted - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820.

 

Bundle is only needed when Court asks for it from you.

 

Slick

[african_igbo]

Ok Thanks slickwilly132 thus will wait like every one else had enough of sending letters and forms that usually go in the favor of the Banks Thx again.

 

Thus suppose will get directions on what is required next after the 14th of November 2007 and will be informed on what to send or do.

[african_igbo]

Hi List I have been away as I had basically 2 Months before my "Stay" November 14th So Please can anyone confirm that I don't need to turn up and wait for the Judges direction that both parties wait until the OFT/FSA Judgment! end of Year or early January 2008.

 

Cheers

[slick132]

Hi African,

 

I'd give the court a ring, just to make sure nothing's expected of you.

 

Slick

[african_igbo]

Excellent Idea - thanks for the heads up!.

[african_igbo]

Hi Forum

 

I am going to contact the Courts today I also hear on the grape vine that the Test case is possible the Jan 14th 2008.

 

Not long I am looking forward to adding the s69 interest to date I have already switched Current Account - I didn't close it, I have a overdraft limit of £1500 and I owe them £800 so I intend to pay £75 off each month So I am not getting hammered by £35 * 3 sometimes £35.00 * 4 charges for going over my overdraft lol.

 

So I will not be intimidated and what ever happens I will go for the full amount they over charged me! with interest.

[dar£n]

Igbo,

Cant believe you are STILL going...LOL

these things reeeally seem to be dragging out now dont they...

 

Right

Unless your court DIRECTLY informs you NOT to attend the hearing then you MUST.....If you do not they may kick it out..

 

If you hear from the bank advising you that there is no need to attend IGNORE it....DO NOT take directions from the bank.

 

As advised, contact the court, ...make a note of the time, date and who you speak to,,,,if they inform you that you do NOT need to attend... tell them you want it put in writing and sent to you.