Barclays Litigation Team Good or Evil? You Decide..

[signa]

I am at Kingston Court next week (30th) for a allocation hearing. What will i need to take with me? i have an e mail from the lit team saying they would settle before the court date, should i take this? what are the chances it won't get stayed and what grounds can i ask it not to be stayed. Started this back in Feb

monkeymax - take the e mail. Judge asked if I had received offer in email. Feel certain that would have stood up in court. But then again I had a really nice Judge who listened in a sincere way. However, dont be disappointed if your case is automatically stayed - some courts are doing that regardless of what you have to say. Geographical luck of the draw it seems.

[monkeymax]

monkeymax - take the e mail. Judge asked if I had received offer in email. Feel certain that would have stood up in court. But then again I had a really nice Judge.

 

It wasn't an offer (no figure was mentioned) it just basically said to contact them a week before my hearing and they would make me an offer.

Would this surfice?

[pjdavies2000]

worth a try - it's whether the bank decide to make you a crappy offer just to make the email actioned. In theory, they could offer you £1, and that would be an offer.

 

Give it a go thoguh - the judges can see throguh them!

 

Peter

[signa]

The judge took very seriously the fact that I was told verbally I would get full refund. I have no concrete evidence of this at all. But he ordered 2nd hearing. Looking thru posts on here it seems standard procedure that customers were told they were going to get refunds. I have copied off such evidence in other posts to give to Judge. pjdavies is absoutely correct the judge can see thru them. He also obviously believed me and is giving me the benefit of the doubt at present.

[monkeymax]

********* sent me the mail stating that i should contact him one week before my hearing and he would make me an offer, this is the week before and i was told that no offers are being made. The email states they were prepared to make me an offer and i had a primary offer of £1800 that i turned down, so surely it would have been more than that?

 

I have a allocation hearing next Thursday, should i take everything i've sent or been sent (including actual statements)?

[electric lemon]

Hi all,

 

I am in court tomorrow!

 

My claim is for £7000 with interest & I lost out by just 3 weeks due to this stay mallarcey.

 

I too had a verbal offer from Robert Saunders but have no written evidence.

 

Help needed desperately to know what to do tomorrow & what I should take with me?

 

Isnt there a letter on CAG protesting against the stay?

 

Many thanks,

Electric

X

[electric lemon]

Oh, also forgot,...

 

For the past 5 weeks I have had Barclays calling me (regularly:evil: ) asking when my overdraft for this named account will be paid off.

 

Its not small - £2000.

 

I told them that by 23rd August thereabouts, it would be paid off because of the reclaiming of my bank charges & settlement offered. (told them this couple of weeks ago). That would have left me with 5K free.Mmmmmm, the thought!

 

But of course now thats all broken down & I have nothing to offer them.

 

I dont know when this crap with OFT is going to be resolved.Should I bring this up with the judge/bank and say....Im not paying anything until this is resolved as the interest would well stack up over the years - currently interest is about £35 a month(could take 2-3 years for conclusion).

 

Besides, surely it would be better for me to offer them £50 per month (cant afford any more) & pay it off gradually. However, supposing they tell me a big fat NO! Where do I stand then???

 

Thanks & loadsa luv,

Lemoney

xx:grin:

[Audreygreeneyes]

please find attached Forms N244 in relation to the above mentioned case along with supporting documents. I would respectfully request that these are passed to the Judge for the allocation of a hearing date.

 

 

 

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank’s by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the bank’s activities whatsoever and allowing them to further abuse the court process.

They had no intention of defending this case in court as they have not done so thus far and believe they are using the OFT test case in the same manner. By requesting stays quoting the test case they further delaying and abusing the court system for the bank’s own gain.

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

Attached is part C is my supporting evidence with this regards

 

Yours Sincerely

[Audreygreeneyes]

Here is a copy of the covering letter I am sending with my forms. Do you think its a bit strong?

 

Dear Sir,

 

Claim Number xxxxxxxxxxxx and Claim Number xxxxxxxxxxxx

 

 

Please find attached Forms N244 in relation to both of the above mentioned cases along with supporting documents. I would respectfully request that these are passed to Judge Hickinbottom for his decision in this matter urgently.

 

Would you also please confirm that in light of there being over 600 of these cases that were listed for the 14th August, how it is now proposed the judge is going to be able to give each of the 600 cases the consideration it deserves rather than the use of a Blanket stay as per the directions of The Master of the Rolls as quoted below;

 

 

"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."

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever.

 

Please note that I am unsure of what fees if any need to accompany these forms and therefore please contact me xxxxxxxxxx if fees are required in order to process these forms and I will ensure that payment is made forthwith.

[Audreygreeneyes]

those are the 2 that manic and i used on the 9th august. please tweak and mix and match what ever you feel will help................

[electric lemon]

Hi Aubern,

 

Are those couple of pieces of info for me to assist with my court hearing tomorrow?

 

If so, many, many thanks.

[signa]

The Lit Team are alive and well and answering their telephones!!

[pjdavies2000]

The Lit Team are alive and well...

 

...currently...

 

(I say no more! 8-):eek:)

[monkeymax]

The Lit Team are alive and well and answering their telephones!!

 

They maybe answering their phone but they ain't offering anything. Its easy for them to answer the phone now and say 'see you in court'!!

[signa]

Read an earlier post that they had seemed to have gone to ground. Was letting you all know that they are still available if you needed to contact them.

[BankFodder]

Read the BBC website tomorrow.

Injunction granted against Barclays preventing them from applying further charges or interest to a customer's account.

 

This should stimulate them a little in the lit team.

[tezl]

hi,bit thick,but why should it stimulate lit team.tez

[signa]

Hi tezl cos its serving them a taste of their own medicine. They can keep charging us but our claims are being stayed and therefore we are put in a position where we cant challenge them. So really they are being allowed to carry on doing what they usually do - rip us off! This is good news. Nice to know some judges can see sense. The Lit Team are the ones who end up dealing with our claims. This wil make ife a bit more difficult for them I expect - thats if and when you can contact them. That tends to be a bit hit and miss at the moment.

[tezl]

hi signa, the banks obviously exspecting this,because the way they are bringing in all these new charges so soon.was it 30 something new ways to get us.thing is people who are in financial trouble because of charges will now not have direct debits paid if on their limit on account.so will companys ie, electric,want to charge a fee if dds are not paid by bank by having to send out red letters and having to wait for payment.we will now have to make sure there are sufficient funds in accounts to cover dds.i know this is good thing happening,but all of us with stayed cases or just starting cases will be at disadvantage because we obviously have not had a good starting point ie,settlement,to put are accounts in a good position as to not exceed are limit on account.tez

[slick132]

Here's a link to the Beeb article.

 

BBC NEWS | Business | Judge calls halt to bank charges

 

Slick

[signa]

Cheers for posting that slick. All info is greatly received.

[beverleyt]

It has been 10 weeks since I sent my settlement letter back to Paul Quinn and I still havent received my money. I have emailed him and said if I dont receive it in 7 days I will apply to the court for breach of contract, is that the right thing to do?

[Audreygreeneyes]

bev was it an offer they made or did you have a court date?....... I think it is an WOE...... and you can only get that if oyu have applied ot the court..................it might be worth phoning hte court and asking. am not 100% on this part. but am sure someone will be along any time to answer possible more accurately then me...........

 

could I also be a pain and ask if oyu have a claim number coudl you give us it, it would be of great help to me and ht eothers who have stay hearings coming up............. it jsut adds more weight to our claims of their time wasting........... thanks..........

 

will go see if I can find anythingout for oyu..........

[beverleyt]

Hi Audrey, I had a court date 10 weeks ago and emailed the lit team to ask if they wanted to settle before court. They sent me a settlement letter 2 days before my court date so I didnt go to court. I shall seek out my claim number when I've more time. Whats a WOE?

[dar£n]

If you are in possession of the settlement letter and a copy of your reply then they should still honour it..............did you amend any of the wording?

 

did you return it via recorded delivery

 

did you actually stop the proceedings or apply to have an adjournment waiting for the funds to clear etc.?

 

If not you may have problems with the judge throwing it out as you never attended,,[esp if they did]....you will prob have to apply to get it started again by explaining the situation to the judge.

 

have you tried emailing the Lit team recently threatening with further action....The OFT case is irrelevent in your case as they have already agreed to settle....as long as you returned within 8 weeks they are to honour it