Cardiff directions hearings *POST HERE*

[smutley]

hi, yes just read Hilaryfrances, expect judge will defer judgement until after the oft case! Ah well, at least we will get to meet on Friday!

[olden]

Yes we will, my hubby just told me not to dol up, mustn't look too affluent if you are pleading poverty;)

[tezl]

Yes we will, my hubby just told me not to dol up, mustn't look too affluent if you are pleading poverty;)

lol

wise owls appearing.

[smutley]

Bundle complete and ready to be taken to ccc tomorrow for hearing friday. Apart from me and Olden has anyone else got this date?

[olden]

Hi jenny, I was under the impression that manicblonde had the same date?

[smutley]

Hi Val. hope there are a few more and that we get to go in together!

[olden]

according to the court judges listing department there are a lot of us, but they are not on here?

[smutley]

yes, when I rang ccc on monday the clerk said there were quite a lot (wouldnt tell me or didnt know the number) only that it was less than last time, which I presumed he meant as the 14 Aug... so that could be any figure from 2 to 499

[olden]

Hi jenny , just had a thought, I am not bothering with expenses, my head hurts too much, I have been suffering from a bug thats going round for days now, swollen glands, ulcers on tongue, sickly headaches, caught it off family, are you sure about the meaning by the judge of expenses, I thought they only paid what it cost to get to the court and loss of work?

[smutley]

Hi Val Took my bundle into court this morning and they confirmed that I am listed for tomorrow. They have now faxed me the notice of oral hearing which just stated that 10 mins has been allowed for the hearing at 10.30. I asked how many were listed and to my horror, there are only 5.. ! Iam not bothering with any expenses/costs, Im more worred about what I am going to say, reading other threads, the judge will ask 'what makes your case any different to others' or words to that effect, and do you know, I really dont know what to say, I get WTC, but not paid into the account in dispute, Ive cancelled all my DD from that account so the overdraft is just sitting there accuring interet, my head is confused, I feel that I am going to make a right idiot of myself.. all i will be able to say is that the bank charges are unfair, consistute all of my overdraft, therefore unable to use account... god I dont know, will try and think of something!

[olden]

I am in the same boat as you I am so nervous, never having been in a court before. We are only going through the motions, they are not going to uplift any stays, just going to state my position and thats all I think,

[smutley]

me too Val, I keep feeling like its a test and you have to know everything! shall we meet at say 10am, I m going to go in by train, can catch it at the top of my road straight to the general then Ill walk across to the court, simpler than driving...how you getting there?

[kelley]

OMG have I missed something?

My objection of stay was refused, and I havent been on for a good few weeks, but it seems some of you have been to court?

Can you give me a refresher...... and am I to late to re-object?

 

Kelley

[kashie]

Smutley, Olden - How did you get on in court????

[mummybird]

I've been in court today -see my post on Mummybird v Barclays

[olden]

HI kelley and kashie, yes smutley and I went to court but only for the oral heaing to uplift the stay, which was refused. we arranged to meet each properly inside the court building, had a chat before it was time to go in. this is my version, its a bit long!

 

 

Well we survived the hearing, ( Friday 19th Oct) but no luck with the stay, no surprise there then, met up with Jenny,(smutley) which was great, we both felt so nervous, it really helped being in it together, jenny did brilliantly, I even surprised myself that I could speak! Only 3 of us turned up out of 5, the third was a chap from the sites alias butterbean his case was against HSBC, and behind us in court were 4 legal trainees from the university, and a man with Bs solicitor who she referred to as ' a mini clerk' ! ( if I got that right) HSBCs solicitor was there and ours both female (young girls) we arrived at 10am, the judge was late due to another case took longer than expected, and our case finished at 1 o’clock! Not the 10mins they told us then. There was a tremendous amount of legal jargon, the judge explained the impending OFT case to us in full! We each had our turn to speak and to be fair the judge seemed to be sympathetic, the banks solicitors had their turn, and this time (just our luck) made a meal of it, finally the judge summed up and made his decision, we already knew that because he told us at the start! We had all asked for the conditions in the alternative to be adhered to, but he refused that as well.

 

The judge told us that even if we got the stay lifted and eventually got a hearing, we woudn’t get a date until next year and probably after the OFT case, even then if we won that case, we would not get our money, because nothing is being paid out until the ultimate decision is made. The case in January will only be the beginning, as which ever side wins will appeal so it probably goes to the House of Lords and it may even go as far as Europe so it could take 1-2 years before it finishes.

Judge Hickinbottom was very considerate of the fact that we are nervous, when he finished his address, he asked each one in turn to speak, it isn’t as bad as you think, just speak out, he seemed understanding. He asked if we wanted to withdraw the application since there was no advantage one way or the other now that they will not pay out anyway, and gave us 10 minutes to decide he left the room so we could discuss it amongst ourselves. I decided to withdraw my application but asked if the conditions could be applied mainly for me to have the penalty charges stopped until the outcome of test case, he asked Barclays solicitor and she she went on and on about the cost to Barclays would be far too much as they would have to check accounts manually, (surely this was confirmation of the main point she more or less admitted automated penalties cost very little?) The Judge was not impressed by this, but in the end he did not agree to apply the conditions.

 

When the Bs solicitor was giving her boring long spiel, she referred to my personal status of my overdraft, that I had £1000 in my overdraft account, I am not incurring penalties! My hand went up, the judge said I would have my chance to respond later. When I did I said "Your honour ever since I began this claim in January this year, I have constantly been moving money into this account from 0% credit cards, in an effort to prevent these penalty charges and that to the present day, means that my debt now stands at £8000. With the current account £4000 (overdraft limit £5000) NatWest A& L and MBNA credit cards, If I hadn’t done this the account would be over the limit by £4000" + thousands of charges!!! I also said "I am 67 years old and my Husband is 72 years old and we have had this account with Bs for about 45 years and it wasn’t until we retired in 2003 on a pension that we began incurring these penalty charges " I misguidedly thought that would put Bs to shame. Was this an attempt to make the judge think I am not suffering hardship? I know that by the end of next week the payments due out will mean that I will be up to or over the limit once again, and looking for somewhere to move money again. I will be lucky to pay off the cards in time before the promotion dates are up on the different cards; this is how it snowballs.

 

That guy butterbean was really nice too, the poor chap had travelled all the way from Tenby, wife had just had their first child so she was not working, he had a £12,000 debt and HSBC had closed his account that day, so he is left high and dry and he is also on the default register, etc. and when Judge Hicky asked if the banks were looking for costs for today, Barclays said they were not, but the HSBC solicitor said she wanted costs, and the judge rolled his eyes and said that they were not appropriate! Butterbean, told us after he hoped she had asked him for costs, he couldn’t pay but he thought he would go straight to the press. There is some sort of rule at present throughout this process that is supposed to be preventing the banks from closing accounts. He showed Judge Hicky the letter he had today from HSBC solicitors; also they threatened to send the debt collectors to his door. The banks have also been intimidating people with constant phone calls on the weekends demanding money, cancelling cards and chequebooks.

We achieved nothing other than the invaluable experience of a court hearing, the judge understood that we had missed out getting our money as he agreed that before the announcement Bs were paying out, he would be writing to us with reasons for turning us down after he had heard a few more cases by next week. He did say something about the letter being a benefit to us.

 

This means that as much as I don’t want to say it, I think all this work to uplift the stays is now pointless. I suggest you just sit back and wait and watch the OFT case.

[kelley]

Hi Val, Im so sorry you didnt have a better outcome,

So now I will just sit back, again,( I have to admit I have been very laspe the last 8 weeks or so what with one thing or another so sorry for my support being visual to all, but you have all been in my thoughts!)

Heres hoping they shift along with this OFT I still want my money lol

Ive not given up hope yet,

Kelley

[mummybird]

Bet you had the same weasel as I did from Barclays yesterday. At least the Judges didn't like him either.And I expect he had a nice lunch at our expense:evil:

[kashie]

Sorry to hear your outcome, but at least now we can all start to chill a little and knowing there is nothing that can be done until the OFT outcome is announced.

I am saying this but I still have a styed claim that needs to be lifted because it is a credit card and not a bank account.

I am beginning to feel really dispondant about all this but I did have Barclaycard settle out of court this week - which is a good outcome.

[olden]

I am the same, very disappointed, but I try to think about what slick, saintly, tez, smutley and the others say, WE WILL GET OUR MONEY !!!

[olden]

Hi all Have you seen this, I emailed Alanfromderby,and this is the reply, i was trying to forward my details to him as asked on the judicial review site where crfx has put that together. they want as many cases as possible. not sure if my hardship details are enough, but the other grounds put forward might be? :-

 

Hi

 

Thanks for your message, actually the server was down on Thursday/Friday for

essential maintenance work - it was nothing caused by outside influence as

it is our own server.

 

Our final submissions will be going to the FSA tomorrow, so if you wish your

case to be included then please can you let me have the details today if

possible.

 

It may also interest you to know that we have been contacted by Guy Weaver,

who is a journalist working for MoneyMail. He has asked for anyone who has a

complaint about a bank failing to action claims where they are going through

financial hardship.

 

As your case may fall within that category, you might wish to consider

contacting him to discuss your situation.

 

Thanks again for your support.

 

Best Regards

 

Alan

 

 

Guy Anker - Contact Details:

 

[email protected]

 

Tel: +44 (0)20 7938 6138

Fax: +44 (0)20 7937 8161

Mobile +44 (0)7960347105

 

Daily Mail,

Northcliffe House,

2 Derry Street, Kensington,

London, W8 5TT

 

 

 

 

----- Original Message -----

From: "BankFodder"

To: "'alan@CAG'"

Sent: Sunday, October 28, 2007 1:09 PM

Subject: FW: remove waiver

vbrep_register("1204783")

[olden]

Alanfromderby has emailed back already, and he will include my case so all the more the better.

[nursiepoos]

Has anyone got any further? since the court date of 14th Aug was stayed I havent heard a word from Barclays or the Court. Do I just have to keep waiting? They owe me just over £2,000 and I want it back!

[slick132]

Hi Nursie,

 

I've answered on your own thread.

 

Slick

[olden]

Hi I am still corresponding with Jessica Morden MP ( look on MP responses) she is raising the matter at Treasury questions

val.