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Your not dim Olden, thats my job lol

the MOR is master of rolls, manicblonde has a template letter on her thread which i used some of to write my letter to him, I also have emailed my local mp caomplaining of the stay it may help if they are getting hundreds of letters about the same matter

 

Kelley

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Your not dim Olden, thats my job lol

the MOR is master of rolls, manicblonde has a template letter on her thread which i used some of to write my letter to him, I also have emailed my local mp caomplaining of the stay it may help if they are getting hundreds of letters about the same matter

 

Kelley

 

Thanks kelley just going over there now. god will I ever get off this thing!!! so much to do so little time to do it!!!

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Hi Guys... I got the letter too about the Tues being "vacated"..However I am going to turn up never-the-less with a copy of my objection to the stay in my hand... I think it would be useful if many of us turned up and tried to get to talk to the court manager at least... let's keep the pressure on them What do you all think ?

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can someone read my thread I know its against A&L but its also valid in this one.

 

its in the A&L hread called how very dare they. sorry dont know how to put a link here :rolleyes:

How very dare they :)

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Just highlight the link (click and drag) then right click on it and choose copy then go to where you want to put it, right click again and choose paste! Easy peasy! LOL

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Hi all,

I have just posted the following message in the Barclays forum as I hope to build a picture of other cases still being heard after the OFT ruling, to go in my N244 application.

I hope you agree.

 

I have read that some cases are still being heard in court despite the OFT ruling. As part of the application to lift the stay, it would be really useful to include details of courts where the Judge has decided to carry on with the case.

If you case is still being heard, or if you have managed to get your stay lifted, please post here so we can include the court details.

Thanks so much,

 

Claret:)

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Heres the Master of Rolls letter for us to base our letters to him/her on.. might need to change bits to suit

 

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

 

 

 

Dear Sir,

 

 

Claim Number XXXXXXXXX and Claim Number XXXXXXXXX at Cardiff County Court.

 

I am writing in the hope that you may be able to clarify for me the situation in relation to the stays issued on over 600 cases at the above court.

 

I am at a loss as to how this can happen so swiftly given that your directions were;

 

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

I am a litigant in person so please accept my sincere apologies for my lack of understanding in these matters if I am incorrect, but, Surely placing stays on over 600 cases in one court, listed for the same day (14th August) and at the same time (10.30am) would be classed as a blanket stay?

 

I have written to the Court Manager at Cardiff County court enclosing forms N244 in the hope that the stay will be lifted on my case and the claim allowed to continue as I have done everything in my power to try and settle these matters without the courts intervention, however, DG solicitors have yet to respond to any of my correspondence or even adhere to the courts general order by serving their written representations to the court or I within the specified time limits. THIS PART MAY NOT BE RELEVANT TO YOU SO LEAVE OUT

 

No doubt you will be receiving numerous letters from many of the claimants in these cases, and I am sure that they will all be stating very similar issues. One of the main issues from my point of view is the fact that by issuing these stays in the banks favour, the Status quo of these cases are no longer maintained as the stay prevents the claimants pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever and actually seems supportive of the banks litigation strategy which has been a complete waste of Court time and resources to date.

 

If you do require any further information from me in relation to these matters please do not hesitate to contact me.

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Ho Olden, I wasnt sure what exactly the MOR did so heres a resume of him:

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and Wales, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second. With the Constitutional Reform Act 2005 removing the Lord Chancellor from the judiciary and designating the Lord Chief Justice head of the judiciary in England and Wales, the Master of the Rolls may be said to rank after him and the senior Law Lord, who will take the title President of the Supreme Court. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal.

The title of the office derives from the fact that originally, the office-holder was a clerk responsible for keeping the "Rolls," or records, of the Chancery court. The post eventually evolved into a judicial one, but the Master still retained his clerical functions by serving as the nominal head of the Public Record Office up until 1958. However the Public Records Act of that year transferred responsibility for the PRO from the Master of the Rolls to the Lord Chancellor.

The Master of the Rolls is also responsible for registering solicitors, who are officers of the Supreme Court.

The present Master of the Rolls is Sir Anthony Clarke, who succeeded Lord Phillips of Worth Matravers, now Lord Chief Justice of England and Wales, on 1 October 2005.

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so what have we got to put in our objection letters to ccc, so far:

 

1. The clerk at the court offering us advise on being more deserving than others

2. The quote about us not suffering as a result of the OFT case

3. List of courts that are still going ahead

4 Examples of cases heard and won since the annoucement of the OFT case.

 

any more to add..?

 

ps this is all in addition to the standard stay objection which hopefully you have already sent to the court

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Smutley,

Apparently these courts are sticking to business as usual and still hearing cases. We need to include this in our application to have a stay lifted.

Has anyone drafted a letter yet?

 

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Bristol County Court, NEW CLAIMS BEING STAYED ?

Caernarfon County Court,

Chester County Court,

Chichester County Court,

Croydon County Court,

Gateshead County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oldham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

Sunderland County Court,

Thanet County Court,

Watford County Court,

Wellingborough County Court,

West London County Court,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

Claret.

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hi claret, not drafted anything yet, just trying to put all the reasons together see my post 486 - I will have a bash at a letter over the next couple of days and any more suggestions on what to add would be great! but please feel free and anyone else to start on the draft!!! ..need to find all the heard cases now like the one in Kingston which was after the OFT annoucement... going to be busy!

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congratulations on an excellent letter (to master of rolls)... this could also be varied slightly and sent as a covering letter to the court with any further N244 applications.

 

I think it's important to keep up pressure on the court so they con't continue to take the easy options.

 

All we need now is a hearing in CCC. If we don't with all the evidence submitted ...we really have been stitched up!

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so glad you posted it auburn.... Im not trying to get the credit for it... just posted it for everyone here to see... its a great letter and Im sure the MOR is now going to get many more similar ones now thanks to your inspiration

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It should be on manic's thread as she was the first person I suggested to write to the MOR.......... she didnt know the addy and asked for it so I got it and poste dit for her........ that letter has been tweaked by a few. which is the beauty of this site............

 

I have also suggested the ppl send a copy to the OFT as well, cos they are breaching the "waiver" terms and conditions........... and the more that complain in the coming 2 months ( less than that now) the better............

 

asking for a hearing is apparently not done by us minions............. it's usually solicitors....... (according to my court mgr)......... hahahaha

 

there are laods of letter on my thread for the pinching of and tweaking......... just check for typing errors..........

rockin all over the world

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Hi Smutley,

So far I have been able to find the following successful cases. I'm sure there are more and I'll continue looking.

 

Rob v's Yorkshire Bank in Hull 30th July

Good (me sometimes) v's EVIL (A&L) in Brentford CC 7th Aug

Ministers v's Barclays in City of London Court 7th Aug

Rogerebaker v's Barclays in Kingston-upon-Thames CC 26th July

Worried from Edgeware v's Barclays in Bow CC 7th Aug

 

Claret

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Hi Smutley,

I'm going to send you what I have written so far.

 

 

-and-

 

 

 

 

 

BARCLAYS BANK PLC

 

 

Defendant

 

 

I hereby include this information to support my application to have the stay on my claim against Barclays Bank Plc lifted.

This information shows that Barclays Bank Plc were intending to settle my claim out of Court but due to Mr Quinn not replying to either my phone calls or emails, I am now in the position of having my claim stayed pending the ultimate determination of the Commercial Court litigation.

  • On the 22nd May 2007 I spoke with Paul Quinn from Barclays litigation team, who informed me that he would be settling my claim before it got to court.
  • Paul Quinn informed me that I should contact him again 3-4 weeks prior to the Court date of the 14th August 2007.
  • I attempted to contact Paul Quinn and his colleague Krysta Campbell by phone on the 17th July. I left messages on both Paul Quinn’s and Krysta Campbell’s answer phones but received no reply.
  • I emailed Paul Quinn on the 25th July and 30th July and received no reply.
  • I emailed Dino Papaevripides on the 30th July and received an immediate reply.
  • The final paragraph of Barclay’s letter dated the 7th August 2007, regarding this claim, states that “As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.” (a copy of this letter is attached.)
  • There are many County Courts where cases are still being heard, they are listed here:

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Bristol County Court,

Caernarfon County Court,

Chester County Court,

Chichester County Court,

 

 

Croydon County Court,

Gateshead County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Manchester County Court,

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oldham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

Sunderland County Court,

Thanet County Court,

Watford County Court,

Wellingborough County Court,

West London County Court,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

· There are also a number of cases that have been settled since the OFT ruling. These cases are listed below:

Rob v's Yorkshire Bank in Hull 30th July

Good (me sometimes) v's EVIL (A&L) in Brentford CC 7th Aug

Ministers v's Barclays in City of London Court 7th Aug

Rogerebaker v's Barclays in Kingston-upon-Thames CC 26th July

Worried from Edgeware v's Barclays in Bow CC 7th Aug

 

 

 

 

 

I, the Claimant, believe all facts stated to be true.

Signed:

Dated:

What do you think so far?

Also can I just check what I need to be sending?

  • The N244 form
  • The objection letter that is posted on here
  • and my own supporting evidence as above?

Should I also send your letter to the MOR?

Anthing else to anyone else?

Thanks,

Claret

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Hi Claret, that looks very professional and better put together than my proposed letter, I will post now the draft Ive done for you to see...you might want to add some of the points ive put in, but take a look.... yes send in with N244 form, the standard objection letter and you own supporting evidence... anyway off to get the draft check out my next post oh and yes, we must all send that letter off to the MOR..

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This is a draft letter and open to correction, suggestion or help!!!

Dear

 

Re CLAIM NUMBER XXXXXXXXX

DIRECTIONS HEARING 14TH AUGUST 2007

 

Further to the submission of Application Notice N244 on date 07 to apply for an order to remove the stay imposed I wish to bring to your attention the following which I hope will be considered in conjunction with my original application to lift the stay:

 

  • I am a litigant in person so please accept my sincere apologies for my lack of understanding in these matters if I am incorrect, but, surely placing stays on over 600 cases in one court, listed for the same day (14th August) and at the same time (10.30am) would be classed as a blanket stay?

  • The Directions issued by the Master of Rolls were

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

So why, if the Master Of Rolls decided not to issue an order staying all outstanding cases, have all the cases awaiting the hearing on the 14th August been stayed? Surely if would have been more fair if cases with listed hearings were heard and the stay imposed on cases which had not yet been allocated a hearing. Myself and the hundreds of other people who have instigated claims against the banks unlawful charges have endured stress and anxiety throughout the whole process and for the chance to have their case heard or even directions given taken away from them at this last hour is intolerable.

 

3 There is substantial evidence of hearings taking place throughout the country since the announcement of the OFT test case where the claimants are successful for example: HOW SHOULD WE LIST THESE IE COURT AND DATE OR CAN WE FIND THE CORRECT CASE NAMES ….. SOANDSO V BANK THEN THE DATE?

 

Kingston Upon Thames8 August 2007

Rob v's Yorkshire Bank in Hull 30th July

Good (me sometimes) v's EVIL (A&L) in Brentford CC 7th Aug

Ministers v's Barclays in City of London Court 7th Aug

Rogerebaker v's Barclays in Kingston-upon-Thames CC 26th July

Worried from Edgeware v's Barclays in Bow CC 7th Aug

 

  • There is further evidence that certain courts around the country are still proceeding with cases

 

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Caernarfon County Court,

Chester County Court,

Chichester County Court,

Croydon County Court,

Gateshead County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Manchester County Court

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oldham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

Sunderland County Court,

Thanet County Court,

Watford County Court,

Wellingborough County Court,

West London County Court,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

 

  • When telephoning Cardiff County Court on Friday 9 August to ascertain whether the hearing on the 14 August was proceeding as I had not received notification to the contrary, the clerk told me that the hearing was vacated and suggested that I write in with my objections as

 

"you have to prove why your case is more deserving than anyone else in the same position."

 

In my opinion this is absolutely shocking and disgraceful thing for a court clerk to say. The opinion of a court clerk is utterly irrelevant, as an office worker, with no special insight into judicial decision,s cannot give a legal opinion like that and it is surely against the rules as only the judge can decide whether or not the stay will be lifted.

 

  • No doubt you will be receiving numerous letters from many of the claimants in these cases, and I am sure that they will all be stating very similar issues. One of the main issues from my point of view is the fact that by issuing these stays in the banks favour, the Status quo of these cases are no longer maintained as the stay prevents the claimants pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever and actually seems supportive of the banks litigation strategy which has been a complete waste of Court time and resources to date. There is already evidence on the Consumer Action Group website that banks are issuing default notices on customer overdrafts and threatening to refer them to debt collection agencies.

7. could add in here the details regarding any correspondence/telephone calls/emails with the Barclays Litigation Team i.e that they verbally stated that claim would be settled prior to the 14th and then gave you the cold shoulder just before the announcement of the OFT case

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Ho Olden, I wasnt sure what exactly the MOR did so heres a resume of him:

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and Wales, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second.

 

Wow smutley brilliant I should have known that I'm old enough !! OK now getting all this filtered ready to send tomorrow, looking at the letter to MOR tell me what is DG solicitor ? and what did you say to your MP, that could be a very good move;) I think it might be a good idea to write to Rodri (is that how its spelt)Morgan at the Welsh Assembly?? if we make the point of saying that we want to know why are we in the capital city of Wales, being treated like secondclass citizens, when courts all over the country are still hearing claims.?

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DG is one of the other banks solicitors you will beed to amend that to the Barclays sols :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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