*1 won 1 awaiting judges order to throw out defence*

[nicethan]

hi everyone

yahhooooo

barclays have paid up the full amount on the account i am waiting to hear about (they had till the end of the month to reply to the courts if they were going to defend it) but have had a letter today offering the full about and them saying that they disagree with the charges but recognise that it is not cost effective for either parties to take this matter all the way to trial. therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial we are prepared to settle your claim upon payment of charges applied to your account together with statutory interest and any court costs which comes to £2147.68 subject to the terms set out in this letter.

then they go on to say the rest like we admit to no liability etc etc.

just wait for the judge to say pay the other one now.

Thank you everyone for your help and interest in (sos people comp wanted to shut down) this especially saintly 1 who has always been there with the answer and encouragement to keep going cheers mate your a STAR and also slick who also kept in touch and helped thank you

cheers

nic

ps will keep you upto date on other case also on here

[welshcakes]

[nicethan]

cheers welshcakes

[slick132]

Nice one, Nicethan.

 

Big Congrats to you.

 

Slick

[nicethan]

cheers slick

thanks for your help throughout this and my other claim against b's

cheers

nic

[nicethan]

Update for everyone

B's have sent the cheque and have put it in my bank.

still waiting on my other claim but phoned up the court on tues and they said the judge will be getting my claim forms on weds and then inform me of what he is going to do next.

dealt with greg thomas regarding paying me from barclays and must say what a very nice bloke he was in dealing with this and said that when i hear from the court to phone him as i will get the details before him due to the amount of work they have got.

[saintly_1]

Sounds promising

[nicethan]

hi everyone

quick one here received a letter dated 2 august from the courts that barclays had 7 days to respond or the case gets struck out then they had 14 days to pay.

got a letter today saying that they have instructed a different solicitor to defend simmons and simmonds dated 16 august.

what is going on anyone else had this?:

what sould i do now?

any advice would be welcome.

[slick132]

Hi Nicethan,

 

2nd August + 7 = Stike out time

 

Ask for case to go back to judge with your request that Barclays defence be Struck Out for non-compliance with his last Orders.

 

This is nothing to do with Barclays or their new solicitors.

 

JMHO, Slick

[welshcakes]

Thhis is very good news and as slick says, it is entirely irrelevenat that Barclays are swapping sols midstream. I can only presume they have advised you of this hoping that it will be 'taken into consideration' if they apply for more time to submit. Yeah right

 

Fill in an N225 - if you need link http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

and get it down to court asap. Personally I would hand deliver it first thing Monday morning.

 

You don't need to inform Barclays, they'll find out once they get the Order to pay up.

[nicethan]

cheers guys

phoned greg thomas friday but been camping since

he said that they will proberly try and get it varied and the judge will get back to me but will do as you say they have had more than enougfh time now sick of there stalling tactics all the time i mean come on they just keep stalling this thing out.

wilol write a nice letter to the judge and enclose an n225 form as well as you advice welshcakes.

cheers

nic

[nicethan]

Just wrote this to ask for my case to be struck out was sending the other day but been so so busy.

 

To the court manager

I the claimant Mr****** wish to take this opportunity to request that my case against Barclays Bank has not been defended by themselves and that it should be struck out for non compliance to the courts judgement in this case.

My reasons for this is that I feel that the defendant is just stalling for more time by passing this case to another solicitor IE: (Simmons & Simmons) in this case rather than there own legal team who have had more than enough time and good will shown by the judge and the court in this matter and who have not responded before the deadline set out by yourselves and district judge tombs and I feel that this is wasting the courts valuable time and resources.

I refer to the last correspondence I received from yourselves dated 02 August 2007

Which stated that upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The defence be struck out

2. There will be judgement for the claimant in the sum of £**** plus the court fee of £*** payable by the defendant to the claimant within 14 days.

I received a letter from the defendants solicitors dated 16 August 2007 a full 14 days later.

Also on the 5 July 2007 the court also asked the defendant to produce a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing and the outcome of such hearings.

Which the defendant did not respond to and at the bottom of this letter that I received from yourselves it states that in the absence of any such objections being filed on time, the defence herein will be struck out and judgement entered for the amount claimed by the claimant, together with appropriate costs claimable on the small claims track.

What I am asking is, is that the defendant has had more than enough time to get there house in order on this matter and if it were myself against this multi national organisation and them asking me for monies which they thought were unlawful that I had made against them, is if I would be allowed such time and understanding by themselves and there solicitors?

So I am asking if this case can be struck out, so no more of the courts time be wasted up on this matter?

 

if amendment needed please forward your thoughts, all advice much appreciated cheers

nic

[saintly_1]

That sounds fine

 

Let us know how you get on

[nicethan]

cheers saintly 1 for replying to me and will let you know of the outcome

cheers

nic

[nicethan]

Hi everyone

got a letter today from the county court and it basically says that my case has been stayed by the judge on his own inititive

goes on to say trhat my case has been stayed until the outconme of the commercial court case any listed hearings in this case are vacated and will not take place

either party may apply to the court to lift the stay any application to the court must be served on the other party and be supported by evidence why the case should proceed before the determination of the commercial court case.

this order having been made on the courts own inititave either party may apply to either vary or revoke it provided the application is made no later than 7 days after the order of the order (only got it today dated 21 august bit late there then arent i)

there are other things in the letter but mainly about the commercial case etc etc

HELP

Has anyone managed to get there case reopened unstayed yet?

whats my next move?

any help would be much appreciated

cheers

nic

[smutley]

Oft test case: what this means for you

New forum for stays

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

Join the club!.... the cardiff 14th aug stays are all awaiting the outcome of the objections... let you know when any of us get a response - good luck

[nicethan]

cheers smutly have put a thread on the new forum to add myself to the long list of who this is affecting wonder what would happen if the shoe was on the other foot with barclays and what there responce to my delaying tactics would be?????