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    • Hi @Andyorch   I am just finalising everything, do I need to put all my witness statements together as a pack now or just submit my third witness statement and the following:   - Cover letter with a list of Exhibits (only for third witness statement) - Cover letter for my absence   TIA
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    • Hi   Thank you.   I am thinking of sending the below as a way of trying to just get it resolved before I do the small claims at the start of Feb.  My partner believes a less formal, less threating approach might work, eg I not just challenging his ego.  (I will do the costing that you requested over the weekend).   FORD KUGA  – RESPONSE TO YOUR LETTER RECEIVED 18/02/22   Thank you for your letter received on the 18th January 2022. This letter is the first time you have offered to refund the car (£3500) and I thank you for this, along with your admission that the car was reported faulty to you within days of its delivery. However, if you actually review our conversations on whatsapp and text you will see that a lot of the other points you have made in the letter are clearly not true when compared to our actual communication, which is why I am confident in making these complaints because I have evidence of how the conversation actually went.   However, the aim of this letter is to find a resolution and avoid taking you to court, so I would appreciate if you would consider that on top of the refund of the car, which you have agreed to, I deserve to at least be reimbursed for the work I have had done that I have messages that prove you agreed to.   The car needed a new head gasket, and now it has one, there would be no reason for me to have done this unless it was absolutely necessary. I'm not going to be making any profit here, I will still be losing money. You will be getting back a car in far better condition than you sold it in, so worth more to you in material value, with all the genuine invoices from a respected garage including lots other improvements that I'm not expecting you to pay for.   So you end up with a better car than you sold originally and none of the hassle, which is fair as I can possibly be; I hope that you can see that all I am trying to do here is recover the bare minimum of my costs in this scenario and put this six months of problems behind me, this in no way represents the actual time, effort and cash I have put into trying to solve this.   I am sure on reflection you will agree it is not fair for you to expect one of your customers to pay a repair bill for a fault on a car that was sold as having “No Issues” and then for you to only offer to refund of the original sale price, while then benefitting from the resulting repair.   In a compromise to find a speedy solution I am willing to discount the 'Refund Of The Delivery - £230' though this discount does not represent any admission that you are not fully liable for these costs if this does go to court.   I am willing to accept, without any further negotiation the below:   By the 1st February 2022 (A goodwill extension on the Letter Before Court date):   Refunded the Car & MOT - £3500 Reimbursement of Head-gasket repair - £1121.40 Total – £4621.40   Should £4621.40 not be paid and the car collected by the 1st February 2022 I will revert back to my claim of £4851.40 plus additional costs, not limited to but including interest, any due compensation and court fees.   Unfortunately due to your telephone conversation on the 13/1/22 I will not allow yourself (Mohammed Waqar) to attend either properties connected to me (BA14 0TA and SA14 7BU). This is easily resolved; I will allow your car delivery company to collect the vehicle from Mieri Eco Farm, Drefach, SA14 7BU and they may also inspect the vehicle. The car will not be released to anyone until £4621.40 is cleared into my bank account below.   I now required you to give me 72hrs notice via text message before the vehicle is collected.   If this does not happen before 1st February 2022 then I shall begin proceedings in the County Court for the recovery of the full sums of £4851.40 plus costs without further notice to you.  
    • The form is a submission page so I don't have a copy of the specific details that was entered.   She has told me that she said 'what happened' and stated she wasn't the driver, simply the registered keeper of the car, which is correct, I was driving. We're not married, don't know if that makes it easier or not. It would appear the page alone is purely about acquiring information and not about giving anyone with a fair appeal the chance to resolve this. Shock.   She has emailed Jack Brereton this morning, explaining the situation and asking if he can help.  Unfortunately, her reaction is exactly what the scam artists wanted. Partner in hospital (me), she at home with a newborn child and feeling vulnerable and intimidated and scared of people knocking on the door. 
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car2403 -v- Barclays Bank "won"


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Hi everyone,

 

I'm at the stage where Barclays have just entered their Defence, which is;

 

1. The Particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant’s account for unauthorised borrowings (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees) the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

 

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including tin particular but without limitation) the following terms and conditions (which are summarised

a. The Defendant’s right to charge a “Paid Referral Fee” where the Defendant pays an amount either by compulsion or election} which causes the account to become overdrawn - £30 per item (previously £25).

b. The Defendant’s right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

4. The Defendant’s standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit.

 

5. If and to the extent it is the Claimant’s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant’s account constitutes a liquidated dames clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

 

6. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

 

7. Therefore, it is denied that the charges were unlawfully debited from the account.

 

8. If and to the extent the Claimant incurred charges on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back into credit.

 

9. It is averred that the said charges and interest are and remain lawful and enforceable, and that the Defendant was entitled to debit the same.

 

10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.

 

11. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

 

Barclays Bank PLC

 

 

I've already sent the letter here;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/84462-no-allocation-questionnaire.html?highlight=dispensed+allocation#post766755

 

Is it now just a case of waiting to hear back from the Court as to the Order for Directions, or should I be doing something more at this time?

 

Thanks in advance for the help!

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm preparing 3x Court Bundles this weekend - (4, if I get LTSB's defence in the post... more work!) so I'll include it in there...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Your court bundle will be submitted at a later date, the defendant is claiming that you have not produced the information to support your claim [sOC's]

 

Yeh they are included in the bundle but you still need to send a copy NOW to both parties.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I see - I'll post that off on Tuesday then, in that case.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • 3 weeks later...

Got my hearing date - 17th August.

 

Court bundle on it's way and I'll be ringing Krysta to see if they'll settle before we even get there tomorrow morning!

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Can I find the T&C's relating to the account when it was opened? Can't seem to find them on here from 1998/1999, or should I be using the most up to date one's from the Barclays website?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • 1 month later...

No Defence Bundle received, so I'm getting the first Directions non-compliance letter off in anticipation anyway;

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post485266

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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2nd Directions non-compliance letter sent off to the Court/BB

 

Is there any other advice, as the hearing date is only 8 days away now?!

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Morpeth County Court - haven't received the request for a stay, but I am going to send this letter, along with the non-compliance one, anyway just in case? (Damn postal strikes also mean I'm sending everthing by fax as well!)

 

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

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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That is the one that I am also taking with me. I haven't received confirmation of a stay, just the standard letter that Barclays are sending out saying that they will be asking for a stay. Have also previously taken in the non-compliance letters but the court said that I have o also take them along on the day. Good luck next week - will watch your post for the result.

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Off to (Morpeth and Berwick) Court in a tick, for what it's worth!

 

I'm ready to tell my story, if they bother to listen and fight my corner over a stay.

 

I'll post back as soon as I get a chance either way.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Well, that's it - I've had my day in Court with both Barclays and NatWest! Sorry in advance for the lengthy post, but this will be critical information for those that have hearings in the next few days...

 

On arriving at the Court, NatWest's solicitor asked for a "word in private" - "here we go...", I thought! He was a really nice chap (but they all are, aren't they!) who said that they had already applied for a stay last week, so the Judge would probably just approve his application "on the nod". You should have seen his face when I spoke up and said, "ah, but are you aware that I will be arguing against the application" - priceless! I showed him the application rejection letter I sent off last week and he admitted that this was the best argument against the stay application that he'd seen! (1-0 to us CAG'ers, then!)

 

On coming out of a side room, I could see the Barclays solicitor "working the room" with the other Barclays claimants - saying pretty much the same thing as the NatWest bod did. Again another priceless look on her face when I pulled out the stay objection letter that she hadn't seen. (2-0 to the CAG!)

 

There were loads of other claimants there for their claim hearings as well - 3 x Barclays, (1 being mine) 1 x Natwest (my claim) and 3 x Abbey.

The first one in was an Abbey one - set up for a full 60 min trial for some reason, but the woman that was claiming hadn't sent in her supporting evidence/bundle in time, as directed by the Court. As there was no formal application from Abbey to stay and the Judge wouldn't hear the case without the supporting statements/evidence, the case was adjourned until the next available hearing date. He did say that this would probably be next week, as so many claims were being stayed anyway and hearing dates vacated as a result - the problem being is that this gives Abbey enough time to make the formal application for a stay, so this one is effectively knocked on the head until the outcome of the OFT TC is known.

 

The rest were all dealt with by the Judge together - (I think he was planning on going home early!) which was really good, because the other claimants didn't really seem that keen on being in court anyway! He got us all in the courtroom, with the relevant solicitors in tow, and asked if everyone was up to date with what was happening - he explained it all anyway, as some of them weren't aware of the Test Case that has been agreed.

 

He went on to say that each of the solicitors in attendance were "probably going to apply" for a stay today - to which they all nodded. (A bit like those Churchill insurance adverts, where the Dog nods - "oh, yes!" they all said!) He also said that, apart from my NatWest claim, the Court hadn't received confirmation of any applications for a stay, so he was going to deal with the applications as new evidence/requests as we (the claimants) hadn't had any notice. He then went on to say what the stay was, the effect it had, etc - he then adjourned the hearing for 20 mins for us to decide what to do. The question he asked was, "will you agree to the application of the stay?".

 

After the 20 minutes were up, he pulled us all back in and, one by one, he asked us for our responses - "no", "no", "no", "no", "no"... we all said. "Very well, I'll have to turn the application for a stay to one side as no formal application has been made where the claimant has been given notice - and a "no notice" application requires the consent of each claimant", he said! EXCELLENT NEWS! He also refused to allow the Banks leave to apply to appeal his decision!

 

Then came the biggy - he looked at the 3 solicitors and said, "do you have instructions from your Clients to defend these claims, as I fully intend to hear these claims this afternoon as listed?". They all asked for an adjourment to take orders, which he turned down as they "should have came prepared for a full hearing". They all said that they had instructions to apply for an appeal, but had been instructed to NOT defend the claims if the stays were turned down and the hearings went ahead.

 

So, out we all trot again and are called in one at a time for the hearings - (this is also what I later found out that happened in the others);

 

Second hearing was mine with NatWest - the Judge said that, as I had notice of the formal application being made, he had no choice but to approve the stay. I said that I wanted to object to this, handing him a copy of the objection letter. He read this and said "you offer some good objections, but I'm afraid I've already read this letter before - which website have you got this from?". Of course I replied CAG, to which he gave a smile. (Obviously aware of this site! 3-0 to CAG!) He went on to apply the stay anyway - (3-1 to CAG!) NW's solicitor had some arguments with him as he wanted to know what the terms of the stay order would be - "the terms will be any that I wish to apply, Mr Hall" he said, "I'm sure you've seen these orders before - if you haven't call me on Monday and I will fax you a copy, if you want a copy?". He did say that it would be applied until end of 10/2008, or Judgement being entered in the Test Case, or the expiration date of any leave to appeal that may have been granted. Shame that the formal application wasn't a few days later, as the Judge hadn't been passed my objection letter before the hearing, or I would have won! (They had a sign on the wall saying they were 5 days behind with their paperwork - and I sent it 5 working ways ago!) Oh well, just have to wait for the outcome of the TC for the NW claim...

 

Third hearing was adjourned as the claimant hadn't sent in her bundle as ordered, just turned up to Court with it on the day.

 

Fourth hearing adjourned because this claimant had sent his bundle in, but the Court couldn't find it! Turns out that he sent it to Northampton County Court as he issued via MCOL and hadn't realised that the Bundle had to go to Morpeth! (Despite the Courts directions!) Interestingly, the hearing was adjourned for 30 minutes while the Usher dashed madly to the phone to call Northampton to see if they had received it - they hadn't, so the hearing was adjourned to the next hearing date. (Again giving the bank more time to make their formal application)

 

Fifth hearing was mine with Barclays - I went in, sat down and the Judge immediately said that I was one of the "most prepared litigants" he has ever came across in his career. (4-1 to CAG!) He then checked the bundle for the Statement of Charges and stuck out the first charge as it was more than 6 years old when the claim was issued. (I hadn't noticed this, despite this amount of preparation!) He was satisfied with my arguments and statement of charges, so turned to the bank's solicitor and asked where their Defence Bundle was - the solicitor cheekily turned around and said that no bundle had been sent in but a Defence had been entered and that the case was similar to the TC, so shouldn't be heard. The Judge was having none of this and said he had already refused the application for a stay, refused the application for leave to appeal that decision and was now hearing the case - he said "why has an organisation as big as Barclays not fully prepared for THIS case and submitted legal argument in defence?". The Solictor, after struggling to find a suitable response, admitted that this was the first he had heard of the claim and couldn't dispute it at all. This really p'd the Judge off, so he put up his hand and said "Enough! I don't know how many times I've case managed claims against these banks only to have them settled before coming to trial, or, even worse, go to trial without someone appearing and having Judgement entered in default after the defence is stuck out - the first time the bank chooses to appear before me, in any court, they haven't submitted a defence and admit to doing it in plain faced cheek?". He immediately stuck out their defence and awarded Judgement by Default to me! Wahey, I've WON! £880 all-in-all.

 

Sixth hearing was won with Judgement in Default for the same reasons as my NatWest claim.

 

Seventh hearing was adjouned as the claimant hadn't sent in a Statement of Charges - and the Judge said that the Court wouldn't perform the admin task of listing all the charges on one page by looking through the statements that he had submitted. (Bank will apply for a stay in the meantime, of course)

 

So, I won the Barclays one immediately and the NatWest claim has been stayed.

 

Some REALLY important advice that I can give to anyone claiming or about to start to, though, is; (all this appears elsewhere on the site, but I've put it here for clarity anyway)

- Make sure you comply with ALL directions sent to you by the Court. Not doing so will result in your claim being delayed, or worse, stuck out, and gives the other side the competitive edge.

- When sending in your Bundles, make sure you either use recorded delivery and check it's being received, or pop the bundle in to the Court yourself. (And get a receipt from the counter!)

- Make sure you know where to send your claim information! (Don't send it to the wrong Court!)

- Make sure your bundle includes a statement of charges. (It MUST show interest on each charge as well, if you're claiming it!)

 

The Judge was clearly on one here, though - even referring to months and months of cases that he's had where the Bank hasn't cooperated fully. He even quoted this as a reason for refusing applications and entering judgements, because of the "contempt shown by the Banks". I think he even enjoyed the experience, as he was smiling throughout the whole thing!

 

I'm really pleasantly suprised at the Barclays outcome!

  • Haha 3

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Which court is this please ?

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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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Morpeth and Berwick County Court

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi car and big congratulations!

 

I have to admit, this is the first time I have heard of a judge (quite correctly) refusing a Stay Application made on the day because "and a "no notice" application requires the consent of each claimant". Thank goodness some judges are still abiding by the judicial process.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Congratulations!!

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 2 weeks later...

Nothing from Barclays, but that isn't a surprise.

 

They are either going to make me wait until the last minute, (14th September is the end of the 28 days for payment) or they just aren't going to pay at all!

 

I've drafted this to send to them this Friday;

 

7 September 2007

car2403 –v- Barclays Bank PLC

Claim No: XXX

Dear Sir/Madam,

I, the Claimant in the case referenced above, refer to the County Court Judgment entered against you by Order of District Judge X at the hearing held at Morpeth and Berwick County Court, on 17 August 2007,

As you are aware, the Court allowed 28 days for payment to be made to satisfy the Judgment – to date I have received no such payment from you.

Please be aware that I will seek to enforce this Judgment against you by issuing a Warrant of Execution with the Court if payment has not been received before 14 September 2007, which will include additional costs to you in enforcing Judgment.

I look forward to hearing from you in reply, or to receiving payment in full in the form of cheque made payable to me and sent to the my current address shown above.

Yours faithfully,

I know this is pushing it a little, but I feel so sorry for all those litigants that are having their case stayed (which includes some of my other claims, BTW!) that I really won't give them an inch here!

 

The moral victory will be ours!

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Car,

 

They deserve anything that comes their way, the arrogant Bankers!

 

Slick

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Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 2 weeks later...

Still nothing from the Bank/Court - just waiting for the warrant to be issued now. (and the £55 cheque for the fee to clear)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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