Barclays Litigation Team Good or Evil? You Decide..

[Brad Smith]

stupid question i know, but is this just barclays, or do they deal with Barclaycard as well? I'm a while away yet, LBA only went in last week, but just like to be forewarned

 

cheers

[paulson1985]

Just to let everyone know.

 

My friend has just phoned a barrister turned up nice guy and had been instructed by Barclays to settle.

 

The judge adjourned the case to give Barclays chance to settle it.

 

So not all bad news .

[dar£n]

Bluddy Excellent!!!!

[paulson1985]

Yes it is.

 

She just has to wait now for her money.

 

I wonder how long she will have to wait?

[dar£n]

they will take as long as they have been given and then may even try it on

[carter56]

isnt it just typical why oh why do they do that when they have had all the this time to sort it out. i applaude your friend for taking to so far. well done hope she doesnt have to wait too long for her money

linda x

[koalaattack]

Hi guys,

 

This may not be the best place to stick this but I figured more and more people are having to turn up to directions hearings so it may be ok...

 

I have a directions hearing on Monday 6th August in Plymouth. I spoke to a lady there this morning to check that they had everything they need from me and she was brilliant. I cannot thank her enough. She has put my mind at ease as I am certain Barclays won't settle before the day.

 

Below is a quick version of what she told me, if you have a hearing coming up I hope this helps...

 

1) don't panic

 

2) the only people who will be present will be you, a judge and (in her words) Barclays representative if they bother to send them

 

3) the hearing will be in a relaxed environment in a room not a lot bigger than a front room - that said, make sure you're looking smart so no shorts etc!

 

4) unless you've been specifically asked to bring something else, your POC and SOC that you submitted with your N1 will be all the judge needs at this point - if you have anything else you feel the judge should see then you are free to bring it (I have two emails from two different members of the LIT team that they want to settle before court so I'm taking them)

 

5) the hearings are only a very short time so the judge won't be asking you loads of questions - as I am claiming CI I am sure I will get asked about this so I am going to make sure I know exactly what it is and exactly why I am claiming it... if anyone can help me here I would be massively grateful, thanks (reply in koalaattack vs barclays to avoid hijcking this)!

 

6) The banks very often settle at the very last minute so don't rule this out, but be prepared for the hearing anyway

 

7) They cannot say that it will be a final hearing as there may be other details the judge will need to consider, there is a good chance the judge will rule in one way or another at this time though as they don't want to waste anymore time

 

8) DON'T WORRY

 

I hope that helps.

 

Cheers,

 

KA

[j.barton1]

I second that, at the directions hearing i had, the court staff were really helpful. Barclays had settled with every case before hand. If they dont...dont worry, the judge will break for recess when he'll ask for the sols to negotiate. Even then if you dont settle remember at directions hearings it isnt a final hearing, so the judge might ask the bank to settle in 28 days then possibly it'll go to a final hearing. I've won 2 x with barclays, they've never made it to court, last time they didnt even submit their bundle.

HTH

Jennyxx

[john1422]

Hi All Again,

 

Just to say spoke with Greg at Barclays litigation again today. I basically asked him for a cheque rather than paying into the account and said that we would have to cross out the confidentiality agreement, as we were involved in this forum and couldn't guarentee it.

 

He agreed to send a cheque, although it will take slightly longer than if we had it put directly into the account and crossing out the confidentiality bit was fine with him, everyones doing it.

 

I asked for this all to be confirmed on e-mail, which again he did, I then faxed the signed agreement to settle.

 

I will contact the court tomorrow to say that Barclays have settled and the job is done.

 

We have got back £2,270, so no complaints there.

 

I found Greg very helpful and friendly and in the Good or Evil debate he is a GOOD:) Or should I wait till we get the cheque?

 

Anyway finally Greg says he looks on here occasionally, so a hello and thanks to you Greg.

 

If I can be of any help to anyone else let me know

[saintly_1]

DONT contact the court until you actually have the cheque !!!!

[stagey]

hmm- some seem to have had more luck than others today. It's a pity Barclays can't be consistent - and stopped playing games.

[john1422]

Thanks for this. I've actually sent all the information to the court as the case is Monday and we won't have the cheque by then and asked for an adjournment, saying I will discontinue the claim once the monies are received

[stagey]

that's what I did John, it took 10 days. If you're in my area Gloucestershire! all the courts are postponed because of having no water - it's a nightmare!

[Lastlaugh]

Whoops

[dar£n]

The Office of Fair Trading: OFT launches test case on unauthorised overdraft charges

[paulson1985]

I wonder if this is the reason all the Barclays claims have been so slow latley?

 

And will the famous Mr Quinn be out of a job?

[dar£n]

I bet theyve been aware of this for some time now..oh well back to the ole 9 to 5 for Krysta

[paulson1985]

It all slots into place now.

 

Of course they have known.

[dar£n]

a few days ago a barrister went to court , cant remember whos it was,,, but agreed an adjournment [to get their paperwork in order - yeh right] but wouldnt agree a date until after Sept 4th.... What else do they know??

[carter56]

sorry but i might be a bit thick but can someone explain this bit to me and how and if it will affect us

linda

What happens to those wanting to, or in the process of reclaiming charges while the case is going on?

It will be for the courts to decide in relation to claims made to them.

The Financial Services Authority has issued a 'waiver' from its complaints handling rules. This action means that until the test case is resolved any bank or building society that applies for the waiver will not be required to handle complaints relating to unauthorised overdraft charges.

The UTCCRs law is one factor that the Financial Ombudsman Service must take account of when making its decisions. As this action is expected to provide certainty about the law, the Financial Ombudsman Service has decided not to progress complaints about current account charges until the outcome of the legal action is known.

[dar£n]

if you have a claim that is being processed then continue as you are it will be upto the judge whether he awards you the case, as it was before, but there may be more that are going to want to wait for the outcome so will put a stay on the hearing.

 

once again we are at the mercy of the judges.. it means more than likely they will ignore our requests to settle even more now.

[enoughisenough]

Pure speculation here... but the OFT and the banks are probably going to carve out a £10 charge, amend the UTCCRs etc and then leave it at that! As I say pure speculation... don't take this as if I have inside knowledge...I definitely don't and wish I did. They could argue on several fronts - not very plausibly - but still corporate lawyers against consumers, big teams against one person. I think the Hull case might be the way it's going to go. Collective action and vigorous defence>

[tezl]

Pure speculation here... but the OFT and the banks are probably going to carve out a £10 charge, amend the UTCCRs etc and then leave it at that! As I say pure speculation... don't take this as if I have inside knowledge...I definitely don't and wish I did. They could argue on several fronts - not very plausibly - but still corporate lawyers against consumers, big teams against one person. I think the Hull case might be the way it's going to go. Collective action and vigorous defence>

think the same, but would they repay difference from 10-30 and pro rata for 6 years.?roughly what they have been offering in good will.tez.

[enoughisenough]

Good will is typically 30-40%, no interest or costs. Things are changing. They're getting their top legal brains together, they'll try to void precedent through argument, and even without legal training I know the lines I'd be taking if I was them, not that I'm posting it here! I'm still of the opinion they'll get their wrists slapped even all the way to the high court if necesary, because there's been too much abuse of process and clearly unlawful activity.

[saintly_1]

Wonder what they will do when asked for full disclosure ......... that will be interesting