Cardiff directions hearings *POST HERE*

[olden]

OK welshcakes, I understand what you say, I just thought that the solicitor would have the weight to put forward a valid legal point of objection and the judge would have to listen. so its just wait and see I suppose? with regard to the judge placing mass hearings in the Higher Court ok for them to share the banks costs is appalling !! also wouldn't their claims have to be over £5000 each? is that the criteria ?

[kalujo123]

Welsh cakes i have looked at a few threads where people have been offered settlement from barclaycard prior to oft statement, me being one of them, and now they have changed their mind. Do you think there is anything we can do prior to the hearing to influence the judge to allow the cases to proceed as they are already ongoing and stop this "waiver" coming into force if that is what they attempt to do?

[welshcakes]

Hi Kalujo

 

If it were me and I was in possession of correspondence (be it a letter or email) already confirming agreement to settle then I would write to the court asap requesting something like a 14-day Stay for the purpose of allwoing reasonable time for the settlement cheque to be issued and to clear.

 

It's a question of trying to get in with your own manageable Stay (on your terms) which would by it's very nature, make your claim inappropriate for the application of the OFT Test Case Stay.

 

I believe that if you can secure a court recognition of settlement intent already existing AND get a 14 day Stay for completion, your claim does not need to be considered for the OFT Test Case Stay as it would be considered settled in essence and not dependant on the Test Case.

 

Just a question of getting your Stay in before being forced to accept the general Stay currently being passed in courts throughout the UK.

 

I'm not saying it will work and please understand that I do not possess recognised legal training so this is purely my personal advice.

[stadium_arcadium]

Hi everyone, just want to let you all know that my sis in law was paid in F&FS yesterday, by Lloyds. She too is listed for the 14th Aug.

 

I saw Judge Hickingbottom in action last year, at a directions hearing just like this. The majority of the claims were settled, and he dealt with the rest swiftly, ordering the remaining banks to settle within 14 days. [edit]. I don't know whats going to happen regarding the pending test case, but did read that the court are going ahead with the hearing from another member who rang them.

Good luck all of you, may see you in the pub afterwards...

[welshcakes]

Hi SA

 

As of today, whilst the hearing is still listed/going ahead, it is 2 weeks away I have a gut feeling that probability is claimants will either

 

a. Be informed in writing from court within 10 days that claim are Stayed

or

b. Turn up and be informed in person that the claims are Stayed.

 

I truly hope by some miracle that Hickinbottom shows some inspiration in his dealings and resists the easy option.

 

I've self litigated in front of this judge before and as SA says, he has previously made some good calls and I found him extremely easy to deal with when it was Team of Sols & Barrister -v- lil old me.

 

As I've said, if you have anything in writing ressembling any sort of settlement offer from BLT, you need to present it to the court and get a 14-day settlement clearance order.

[mitsy]

i haven't got any emails or letters offering me settlement but they did say they will be paying me and dont want to attend court, the person who is dealing with it is r saunders which in the last few days i haven't been able to contact. i did get through to dino who said i think he will settle with you because your court date is so close, he did quote the test trial case and asked me if i heard about it. just wish he was dealing with it instead mr i dont answer my phone. anyway im filing judgment for non compliance see how they like that

[GaryH]

Hi all.

 

As you may have realised, the recent news regarding the test case does change things slightly. Its now likely that the banks will attend on the 14th and request stays in anticipation of the outcome of the test case.

 

If you are writing representations, they will now need to contain objections to the ordering of a stay. If you are attending, you'll need to argue against it at the hearing. There are many valid grounds for these objections, although ultimately whether stays are ordered or not will be solely at the judges discretion.

 

We're working on something now for the Birmingham hearings tomorrow, so I'll come back here probably Tuesday to go into more detail and suggest something for you all to submit.

 

If you have been made an offer, they will have to honour it. Take any correspondance with you. Even if they have made a solid verbal offer which you accepted, you may be able to sue for breach of contract if they try to wriggle out of honouring it. If a verbal offer has been made to you, as accurately as possible produce a transcript of the conversation and include names, dates and times, etc.

[olden]

Hi welshcakes I have just thought about the fact that if the Judge orders a stay he is condoning the banks usage of hundreds of thousands of pounds of claimants money, which is definately known to be unlawful money? for a period of up to two years or more, however long drawn out they make it.

Also when you refer to offers made in writing does this include the partial offer made, which I "accepted in partial payment without prejudice but if you do not offer the full amount I will be proceeding in court within 14 days from the date of this letter" heard nothing and never received payment either ???

 

Should I send these copies along with my draft directions or not???

[saintly_1]

Olden . can i point out that the charges are unlawful and NOT 'illegal' could you edit your last post accordingly thanks

[smutley]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

The new POCs require you to list out:

 

Charges

Overdraft Interest (if applicable, if not delete)

8%

Court Fees

 

Not sure of the position of exemption from N244 fee but I should imagine if you qualify for exemption, it is blanket and you will not have to pay the £65 fee- http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_0406.pdf

 

Hi Welshcakes, I have updated my SOC's but should I only go back 6 years from the date I am submitting as my original SOC's started Feb 01... also should I in addition to the application notice N244 also submit another N1 claim form - just checking as dont want to make any other mistakes this time!

[welshcakes]

HI Olden

 

Now that's an interesting question about whether the intial fob off offers have any standing if presented to the court. My concern is that the offer is worded to represent a goodwill gesture made to prevent the necessity of costly litigation; where the customer has written back a rejection letter and consequently place the dispute in the judicial system, the bank can argue that the overriding objective of the "gesture" was refused by the customer as soon as they filed a court claim; ie the actions of the customer destroyed the basis upon which the gesture was specifically made.

 

The bank gestures do not represent any admission of liability and in effect cannot lawfully be considered as representing a refund of any sort - they were offered as courtesy gestures only.

 

I cannot see any judge being able to acknowledge them (in his capacity as a judge) as anything but a gesture (even where the judge will personally believe they are fobb pay offs).

 

To reiterate Gary's advice above:

 

"If you are writing representations, they will now need to contain objections to the ordering of a stay. If you are attending, you'll need to argue against it at the hearing. There are many valid grounds for these objections, although ultimately whether stays are ordered or not will be solely at the judges discretion. "

 

Nice to you keeping an eye on the thread Gary as there are many attending on the 14th who as you will have gathered, are obviously getting a little spooked by the Stay issue.

 

On a personal note, as my claim is DPA breach which looks like it will be settled prior to the 14th, the need for me to attend will probably be negated within next few days. I will however still attend to lend moral support if anyone wants a friendly face there (well obviously I'll do my best with what the good lord and gravity has given me!)

[everybodiesmum]

Hi

Has anybody read the insider information regarding Lloyds tsb, in the financial section of the Mail on Sunday. Makes very interesting reading

regards

everybodiesmum

[welshcakes]

Secret bank manual tells how to avoid giving charges back (unless the customer is dying) | the Mail on Sunday

[aloofy]

Hi we are due to be in Cardiff on the 14th August. We are however in possession of an email from one of barclays litigation team telling us they would be looking to settle our claim at the end of July. Where do we stand with this.

 

Also it is really frustrating that we can't get hold of any member of that team. Does anyone know how we can get to talk to some one in barclays?

[welshcakes]

Hi aloofy

 

As long as you have it in writing that a settlement is offered from Barclays you can :

 

1) Send a copy of the correspondence to the court with a covering letter just advising that the enclosed is for the court records so that they are aware that agreement to settle has been reached between the parties and that you are presently awaitng payment. Furthermore, that upon clearance of the funds, it is your intention to submit a Notice of Discontinuance. Send a cc to Barclays so they know that the court knows! ;

 

2) Take a copy of this letter and all correspondence leading up to the offer with you on the 14th. This makes it easier for the judge to put pressure on any Barclays' representative to honour the clear intent as per the email.

[aloofy]

Our email doesn't actually state a settlemnet figure.

 

The email sent said:

 

" hi Kate

 

RE: account number xxxxxxxxxx

Claim number xxxxxxxxx

 

I understand that you are dealing with my claim. If you wish to settle this claim now please email me by return and i will forward you the settlement figures.

 

Thanks"

 

THe reply email said

 

" Hi Jonathan

 

I will be sending a settlement letter by the end of this month for the settlement of your hearing.

 

Thanks

 

Kate"

 

Will it matter that we haven't got a figure?

 

Also unsure at present if we will be able to attend court? Will this make a difference?

[welshcakes]

Okay

 

Firstly, I think when she emailed "I will be sending a settlement letter by the end of this month for the settlement of your hearing." we shall assume that she meant "your Claim."

 

I don't think it's relevant that the figures aren't mentioned. This is not a "goodwill gesture" this is a settlement according to Barclays and obviously to settle an account, a claim, a bill, it is for the amount requested ie it follows that it will be for the full amount of the claim.

 

With reference to you not being able to attend, it is important that you notify the court if you aren't going to be there on the 14th - otherwise Barclays can have your claim struck out by default for non attendance.

 

If you want the letter, I can post it here though I'm pretty sure I've already posted it a few pages back on this thread.

[aloofy]

Thanks Welshcakes Do you think when writing to the court to say we would not be able to attend, I should mention the settlement email and enclose a copy?

[welshcakes]

My laptops playing up rotten so this is a rough & ready draft of sort of letter to send:

 

Dear Sir/Madam,

 

 

xxxxxxx v BARCLAYS BANK PLC

In the xxxxxxxxxxx COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [give your reasons here]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

I am pleased to advise that agreement to settle this claim has been reached between the parties and documentary evidence of such is attached for your satisfaction.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made to reflect this intent of settlement giving a reasonable time period, say fourteen days, for the Defendant to issue cheque settlement to the Claimant of [£PUT IN TODAY’S CLAIM TOTAL USING UPDATED SOC FIGURES].

 

Upon clearance of said cheque settlement and thereby suitability to discontinue this claim, I will immediately notify the court.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully

[claret74]

Todday I emailed Dino from Barclays legal as suggested in Dar£n's post http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

The e-mail I received back is concerning to me:

Barclays are now contesting all bank charges claims, we will be looking 
to have your claim stayed rather than reach an out of court settlement. 

Paul Quinn is dealing with your claim. His contact details are:

Direct Line – 0207-116-5634
Email – [email protected]

Kind Regards

Dino 

 

Has anyone else received this sort of response?

 

Clare

[linda1968]

Any news on the Birmingham hearings yet, the waiting is killing me

[saintly_1]

Nothing as yet sorry

[linda1968]

thanks saintly omg the waiting is horrible

[mountainman]

Hi all

 

I have just had a nasty shock whilst reading MSNco.uk (the UK version) over lunch.

 

As the Office of Fair Trading is taking the banks to court to deal with some specimen cases the FSA is allowing the banks to put off the court cases for those who are seeking their dosh back until final judgement.

 

I quote

"The banks have got permission from the Financial Services Authority (FSA) to put any existing unsettled claims on hold until this court case is over. This means that if you’re in the process of making a claim you will need to wait for the verdict".

 

It gets worse

"Estimates on how long the case will take vary. Research company Defaqto predicts that it will last for years. Many consumer groups are calling for a speedy outcome.

But with so much at stake, it’s not likely to be quick."

 

Any thoughts???

 

Mountainman

[aloofy]

Thanks for that welshcakes it is much appreciated. What will happen then if the judge agrees to these directions will he tell barclays they have 14days to settle?