Cardiff directions hearings *POST HERE*

[welshcakes]

Hi aloofy

 

Well, all things being equal, if he accepts the evidence and makes an Order as requested then yes, both parties would then have the Order sent to them in the mail. however, please appreciate that no one can predict how the judge will respond; under 'normal' circumstances it would be safe to say he'll order and that'll be that however with recent events, he may be nervous and Stay it though this would be very unfair and dare I say, cowardly of him.

[aloofy]

Also what address are we sending the copy of the directions too? is it litigation & disputes, level 29 , 1 churchill place, london , e14 5hp.

[smutley]

yes, thats where I sent mine to

[aloofy]

Is anyone else in this position where they have written "evidence" saying that barclays would settle?

[welshcakes]

Quite a few on this site aloofy and other with Barclays so you are by no means alone. Remember, emails are also documentary evidence and even phone calls confirming a settlement are verbal contracts; you can take an Oath on court and swear to them and the Barclays' employee would have to take the stand and do similar if the bank denied the conversation.

 

Also, remember that when you contact Barclays and have the auto message that calls may be recorded, if you use the Skype recording software, Barclays' own advisement of recording persmission allows you to record the phone call without having to specifically advise them that you are also taping. This is admissable evodence in a court of law as both parties were aware that recording may be taking place and both by taking part in the conversation, are willing parties to a recording.

[olden]

but I did not write to reject the goodwill gesture offer I accepted it in partial payment, but pursued full amount never having received a response, theres a difference ?? also I do think there is something very wrong with the fact that if the judge orders a stay for all the claims, money which may otherwise have been paid back to claimants is going to be invested by the banks for their own gain for as many years as they manage to drag out the case.

 

sorry about the error wording its unlawful not illegal !! I keep muddling these two up.

[welshcakes]

Hi Olden

 

If I understand correctly, you're asking whether or not the offer to you is still active because you are arguing that you didn't actually refuse it, you simply accepted it as partial payment?

 

This being the arguement, what exactly did you write in your response? If it was one of the template letter from this site, then they do say that you are declining their offer as it stands as a full & final settlement; because their offer is conditionally made as such, you have rejected the written offer made by the bank and proposed your own offer to them.

 

It all depends on what you wrote back in response to their offer. The best thing I can suggest is that you email BLT asking when they are going to complete the settlement agreed ie make out you accepted their offer.

 

Even if they are still willing to honour the offer (which is termed a goodwill gesture remember), you would have to discontinue any action to recover the balance and will be forgoing your claim to reimbursement of court fees and the 8%.

[olden]

Hi there I did take the message from the Moneyexpert site, and this is what I sent: " Thank you for your offer of £705.00, which Iwill accept in partial payment and 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" what do you think? ( claim £1091.76 plus £120.00)

 

Also if I contact them and they honour the offer I would not want to give up now I have come this far, I should fight on for the principal of it all.

[welshcakes]

Hi Olden

 

Even if you can get them to confirm offer is still active/ reinstate the offer, Barclays are not going to send you any money unless you sign agreeing that it is in full and final settlement.

 

Nice idea but Barclays aren't going to agree.

[everybodiesmum]

Can anyone tell me where I can find the T&C'c for Barclays please

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html for T&C's

[kashie]

Help!!!!

 

I have just been catching up on what has been happening whilst away on hoilday. My directions were sent off ages ago for the 14th and I was told not to bother attending at that time because they would pay up before the 14th anyway.

Now I'm panicking because I won't be attending and want to know what else I need to send in to argue against the Stay (eg. template letter if available please???) I am also scared that I am going to miss out big time on what actually happens on the day.

Do you think this will make any difference?

I emailed Emma Thompson the other day and she replied with this message:

 

Dear Karen,

Thank you for your email.

It is actually a Directions hearing on 14th August that you have and so we will be sending a Barrister as we have a number of claims in Cardiff that day.

Kind Regards

Emma Thompson

Legal Clerk

Barclays Legal: Litigation and Disputes

I'm now totally confused at what is going on and where and when these trial cases are going to take place etc. Could someone explain in simple terms for a simple lass please?

 

[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.

 

Here's a suggested stay objections statement, which you should submit along with your case management representations. If you are attending then those are the points you'll need to argue.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html#post1046820

 

Cardiff CC have apparently indicated that no claims will be stayed, although bearing in mind it only came from a court clerk, its difficult to know how much weight to attach to it. It'll ultimately be up to the judge.

[markshark]

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

 

Hi Welshcakes,

 

My fiance has already replied to the Court and Barclays with the 'standard' draft directions letters as per the first page of this thread. However, she also received a similar email to the one aloofy(?) got indicating that Barclays were initially intending to settle prior to 14th August.

 

Do you (or any other learned reader) have any suggestions of a way of presenting this to the court now, in light of the recent situation?

 

Cheers,

 

Mark.

[linda1968]

What happened in Birmingham were all the cases stayed or were some paid out

[MrDinkle]

What happened in Birmingham were all the cases stayed or were some paid out

 

I am intrigued to know too, can't find any mention on these forums or on MSE...

 

:?

[GaryH]

Hardly anyone turned up, they had all been settled beforehand.

 

None of the claims were stayed and of the 4 remaining claims that were heard;

 

1 won - a Lloyds credit card claimant, 1 lost - a Barclays claimant who did not have any bundle, T&C's, witness statement, nothing, so that was not at all surprising. Another Barclays claimant, one of our users Jopickett, was adjorned for them to honour a verbal settlement offer they had made previously. The other, an A&L claimant, got settled at the door of the court.

 

Encouraging that no claims were stayed, but other than that pretty uneventful really.

[welshcakes]

Oh I am so pleased for JoPickett, good outcome #

[reesdance1]

just came across this thread now and have had some of my questions answered,like how to oppose a stay. i was just wondering if i need to send a letter opposing the stay to the court now, as all my relevent paperwork was sent to SCM and the court some months back. i wont be attending the hearing so will this matter and will the letter be enough

[kalujo123]

Hi, looking for some help.

 

I am due in cardiff county court for three cases against barclaycard, as yet i hve not sent any paperwork to the court and only the usual pre-lim, lba, charges spreadsheet and of course court claim. What else do i need to send as it is a directions hearing and also is there anything i need to send to the court about barclays possibly applying to have the claims stayed. Your help is very much appreciated, many thanks

[welshcakes]

Hi rees

 

You cannot object to a Stay that hasn't been made or even proposed yet. What you can do is ring the court next week and ask if a Stay has been applied for against your claim. If it has, then send in the objection.

 

My understanding is that Protocol requires the other party to send you a copy of the request so if you haven't received one in the next week, you can also take action on that score.

 

Hi kalujo

 

Again, call next week and find if there has been a Stay (I hear what GaryH says about word from Cardiff at the moment that there are no Stay requests however this may change).

 

In any event, take in 3 copies of the Statement opposing Stay just incase it is applied for at the actual hearing. Read through it so you are familiar with the basics and understand the grounds for your objection.

[GaryH]

You cannot object to a Stay that hasn't been made or even proposed yet. What you can do is ring the court next week and ask if a Stay has been applied for against your claim.

The other side do not have to formally apply before the hearing if they want a stay. They merely have to turn up and argue for it at the directions hearing, which is what I think you'll find will most likely happen. A directions or other prelim hearing would in fact negate the need for almost any kind of application becouse that is precisely what that type of hearing is for - to propose, argue over, and ultimately for the court to decide on orders.

 

Even if the other side do not turn up, the court may be minded to order a stay of their own volition and if thats the case then its up to the claimant to convince them otherwise.

 

Objections to a stay should be part of the case management representations which you have been ordered to submit. If you've already sent them then just send it seperately, clearly marked with your name and case number, etc.

[kalujo123]

Thank you welshcakes, i expect that by the 14th they would have applied for a stay so will take the statement along ready, cheers

[kalujo123]

Gary H i havent as yet sent anything to court or barclays, as it is only a directions hearing i didn't realise that i had to submit anything to them.

[welshcakes]

I agree that a Stay on the day is most likely, my response was for rees who asked "i was just wondering if i need to send a letter opposing the stay to the court now,"

 

Many of the Cardiff 14th claimants haven't been asked to submit case management representations (or anything at all).