bigal75 v Barclays. ** WON **

[saintly_1]

Please keep to one thread only .. there is no need to start a new thread for every question you have .... by keeping to one thread others know exactly what you have done/received previously

 

In answer to your question it could be that Guilford court is being assigned the bank cases

[Rooster-UK]

Threads merged again.

[bigal75]

sorry Dar, yes they were copies

[bigal75]

Hi folks just recieved this from Guidford County Court

 

 

DIRECTIONS

 

 

1 the claim is allocated in the small claims track

 

2 the hearing will take place at a time and place and date which will be notified to the parties

 

3 the defendant shall not later than 4pm on 16 July serve on the claimant and lodge at court a document answering the following questions (a) is the case intended to be defended to and at trial ? (b) does the defendant intend to apply to adduce expert evidence ?

 

4 if the defendant fails to lodge at court a document in accordance with paragraph 3 above the defence shall stand struck out and judgement be entered for ythe claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid

 

5 each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely

 

6 no party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted

 

7 no party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court

 

8 no more than seven nor less than three clear workind days before the trial date the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of rule 39.5 of the civil procedure rules and the practice thereto,and shall serve a copy of it on the defendant.The claimant shall endeavour to agree the contents of the bundle with the defendant before it is filed.If the claimant fails to file a trial bundle in accordance with this direction the claim shall be struck out and the actions dismissed without further order

 

9 because this order has been made by the court without considering representations from the parties ,the parties have the right to apply to have the order set aside ,varied or stayed. A party wishing to make an application must send or deliver the application to the court(together with the appropiate fee)to arrive within seven days of service of this order

 

 

 

Just got back from Ibiza so not really with it so does this mean i now send my court bundles to the court and Barclays (together with the fee, is it £100 ?)

 

Are witness statements the things like Love v Wilson, Dunlop tyre co etc

 

 

And do i send my bundle to Adrian St John at Legal and compliance Barclays

 

 

MANY MANY thanks to anyone who can set me straight.......

[oneofakind]

Al, that's brilliant!

 

the Judge has given Barclays a week to tell the court whether they'll be turning up or not!

 

If they don't reply by the 16th, their defence will be rejected, and you've won!

 

you don't need to do anything yet; wait for a court date to be sent to you, and you have to submit your bundle 3-7 working days beforehand.

 

looks like this judge has run out of patience with the banks' continual stalling tactics!

 

:D

[bigal75]

Cheers you have made my day (as well as the judge) don`t want to blow it now, got my bundle ready so just wait for court date now then ? . Not sure if i should send a nudge letter or wait ? cheers mate

[oneofakind]

It might just be worth contacting their litigation team, remind them of the directions, and it should prompt them to settle now, rather than wait for judgement to be given against them!

 

Do you know which of the team is handling your claim? If not you can find all their emails and numbers at: http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

Send to them all!!

 

[bigal75]

Thanks i have e mailed Dino, i know the solicitor is Adrian St John though, i have lost the paperwork which has my revised charges on it (interest etc) which is a pain cos i don`t remember how much i am claiming for !!!!

 

 

Not good but hoping my friend has it on his computer as i can`t find it anywhere, anyway cheers i will let you know how i get on

[bigal75]

I have won, yeahhhhhhhhhhhhhh, after 6 months the bank failed to submit.

 

 

Phoned court today,just waiting for the piece of paper from court to confirm.

 

 

I would like to thank everybody ,could not do it without you.

 

 

Donation coming soon as i get my hands on the money.

 

 

One last thing i have to redo all the interest on all the charges

 

 

So my final "bill" so to speak should consist of bank charges inc interest amd the £100 from MCOL is there anything else to add ?

 

Thanks will let you know in a couple of weeks

[oneofakind]

Well done mate, welcome to the winners' enclosure!

 

:D :D :D

 

Yet again, Barclays throw away the chance to justify their charges in court....

[bigal75]

cheers for your support oneofakind

[zootscoot]

Congratulations!!!!!!!!!!

:grin: :grin: :grin:

DOn't forget to fillout the survey

A donation would be very much appreciated

Enjoy your payout!

*********

[bigal75]

cheers,soon as i get the cash,i will wing some over

[nickyc]

That's great news! I particularly like the bit about the judge getting fed up with all of this. Fingers crossed this catches on! Well done Al. Enjoy your winnings!

 

nickyc

[bigal75]

Barclay's still not paid up !!!! Spoke to court and they will send me info regarding bailiffs

[welshcakes]

Hi bigal

 

Chin up, you have a Win and now you have the chance to send it the baliffs! You won't be the first who has had to get the knuckle brigade involved and as you probably know, the fees for arranging court BLs is added to the debt being chased.

[saintly_1]

Someone else has to send them in as well http://www.consumeractiongroup.co.uk/forum/barclays-bank/79668-ugly-barclays-4.html

[stevie8abes]

I recently went to court to get Barclays to settle and was greeted by their barrister who advised that as Barclays are involved in this test case they are pushing for a stay. I eventually agreed to a stay after talking with the judge although I got the impression he'd have been happy to hear the case and make an award. However, Barclays would then be entitled to claim the money back, apparently, if the test case went in the banks favour.

 

I have since got a letter from Barclays advising the same and that they will not entertain anything further regarding this complaint until after the test case. This is probably why Barclays still aren't paying up. However, if you have a judgement then send in the bailiffs.

 

Oh, and for those who don't know, the test case in set for hearing next January... That's 2008! District judges still appear to be happy to make a judgement but be aware that the banks may be entitled to claim the money back if the test case goes in their favour.

 

Also, my District Judge took the time to commend me on my court bundles and said that of all the bank charges cases he'd judged, mine was the only one that followed the requirements as set down in the summons. He also said it was essential for people to do the same if they want to succeed against the banks.

 

Just a bit of free advice for my fellow pioneers.

[MoneyKing]

Very interesting what court was this in?

 

Though you are correct in saying that they would beable to claim money back, I dont think they would. They are expecting to lose. Also if they do decide to claim back of you then it would not be automatic they would have to appeal against the decision in your favour, more lengthy court processes and expense. I dont think they would be bothered to be honest...

 

Plus there is no way the banks can win this lol

[stevie8abes]

It was Macclesfield Court.

 

There was another bank charges case there too and their banks barrister got them to agree to a stay too. Part of me wishes I'd stood my ground and fought the case there and then but it was the first time I'd ever been in a court and was unsure of my footing so err'd on the side of caution.

 

Having heard your take on the process for the banks claiming back their money then I wish I had gone through with it. Ah well, will just have to wait until Jan and accept the additional 8% interest. :o)

[bigal75]

arghhhhhhhhhhhhhhhhhhhhhh

 

 

phoned court and they have sent me forms for bailiffs

 

 

 

barclaycard just phoned up and told me i owe them £72 will i make a payment ? i said not until they pay the £4000 they owe me from the 9th of August ( i also said i was calling in the bailiffs)

 

his curt reply was that if i don`t pay then to expect someone on my doorstep on Thursday !!!!!!!!!

 

 

 

 

suffice to say i went beserk down the phone at him and hung up.

 

 

should i not pay it until they pay me my money ? or am i being petty ?

[livelylad]

Thread moved to success forum.