Barclays Litigation Team Good or Evil? You Decide..

[pjdavies2000]

The FSA have said that banks HVE to honor any offers for 2 months - so work out when this is, and wait til a few days before that before you decide to jump ship...it hasn't sunk yet (or at all - we should win the case...its just what a definition of 'Win' is!)

 

Peter

[clubber]

PJDAVIES thanks for this.Where did you read this? i cant find it.Did you interpret this as only offers made pre 26th july? I will research this if you let me know.Thanks

[pjdavies2000]

Hi Clubber, have a look here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/107652-oft-test-case-questions-2.html#post1037154

The point in question is point 2.

 

I suppose it is open to certain interpretation as to hat 'recent' is - but I can't see Barclays wanting to open any more kettle of worms - worth a reserach though!

 

Hope that helps

 

Peter

[tezl]

i spoke to bank,they said if you wrote a rejection letter,then no chance.

[dar£n]

.......(SORRY DAR£IN TO CONTRADICT YOU WHEN YOU SAID " They will NOT honour their offer if you intend to continue! in a nother thread) because they have

Okay Clubber in answer to you comment that has been posted at least ten times throughout this site - This comment was made some time ago when the procedure was running normal, as a standard THEN, if the settlement offer was disputed in any way the banks would NOT honour or renegotiate....This is NOT saying this is the way they go now, Since the ruling The OFT has ordered the banks to honour any settlement offers for a set period..Things have change dramatically in the past couple of weeks as the banks became aware of this new ruling.....So although I would be wrong in using that statement NOW..it was correct at the time...

 

I lose£120 court costs but i am confident of claiming that back from MCOL.

I really hope you and anyone else in the same position is able to get the court fees back from MCOL and local courts i would be very surprised if a refund is made, unless you contact them before 10am the following day after submitting the claim...the fee is partly for running costs of the court.... but saying that these are exceptional circumstance where no-one could have possibly known this would happen [from our side that is].

 

Let us know how you get on.

 

for guidance see here:

If you would like to apply for a refund

 

Please read this guidance, and then apply for exemption or remission on Form EX160. You can also obtain this form from a county court office.

But the court must receive form EX160 within 6 months, starting from the day when you paid the fee and the evidence (see page 5) must have the details which would have allowed the court to accept it on the day when you paid the fee.

[Destinyofsouls]

Is it in our interest to actually discontinue the claim? I wouldprefer to keep it there just in case there is another consumer revolt akin to the Poll Tax, one where the FSA ( who is here to protect the consumer ) may do a U turn. If you keep the claim going, at least you may have a bit of interest accumulating.

[pjdavies2000]

Agreed:

Best be at the top of the small 'as is' pile, than the bottom of a large pile of every consumer in the last 6 years!

[Bookworm]

No, do NOT discontinue your claim! If you do, you will not get your fee back, and any charges getting past the 6 years will become statute-barred.

[tezl]

Agreed:

Best be at the top of the small 'as is' pile, than the bottom of a large pile of every consumer in the last 6 years!

dead on ,will keep the interest level higher in case.also and rightly so,those with ongoing claims sorted quicker and easier ,either way case goes.

[smutley]

I was hoping for a settlement to clear my overdraft situation, which has been caused by these excessive charges and get on with my life, but I will fight to the bitter end and have absolutely no intention of folding now at this stage... we must continue to be positive in our search for justice!

[clubber]

Dar£n, many thanks for the link to refunding court costs. More importantly I accept totally your explanation about not being able to accept previous offers- you are right, times have changed...my thread was certainly not meant to be a slight on your or your comments and the reason for posting it 10 times (at least!) was\as the result of a response asking for me to do that...all we can do at the moment is share our experiences as, now more than ever, we don't have a lot to work on. the other point here is that none of us know each others situations or lives and although every comment on here is meant as genuine support, one person taking 70-75% and another waiting for a year or more (accruing the 8%) may represent just as sweet a result dependent on their circumstances.

 

I have read all your comments Dar£n and your advice and support is 2nd to none.

 

My case is 8th August. I am going to see\what happens on Monday's and Wednesdays hearings and contact my court to see what the local score is. i will decide based on what I hear whether to discontinue and take the 75% offer or cancel the offer and go to court. What is interesting about my 13 point hearing order is that the judge has put the onus on the bank to evidence the fairness of the charges, if I get time I will post on here.

 

thanks Dar£n, no offence meant...

[saintly_1]

Clubber if the bank hasnt complied then you can ask the judge to throw their defence out

[clubber]

I'm thinking the same Saintly, unless the trend from Monday onwards is to indiscrminately stay all cases regardless of B's attendance, the filing of papers etc etc. I have not been able to read an update on recent comments about individual courts making that decision. I am hoping that judge's who made an order after listing cases pre 26 July will want to continue having control over their court. A lot will depend on the Judges interpretation of the guidance they are given. I have to say in my experience of county courts Judges are very precious and give little account of non precedent findings and, hopefully best of all, do not like their time abused as we all know B's have been guilty of.

 

This is such a difficult time... my fingers are crossed for those in court 1st next week. Lets hope Judges who have already made orders have the resolve to see them through and are prepared to throw out defences where there are no shows and where defence bundles are not filed- as they know they should....very interesting!

[saintly_1]

You could try applying before you actually have to apear in court as they surely had a date that they had to reply by

[dar£n]

Just to confirm things at the Lit Dept.

 

Emailed to ask the question about phoning to settle.

 

Reply received today:

All claimants can continue to contact us if they need to - there’s just very little we can do to help now, as you obviously know, we will not be settling any more claims as we wait for the outcome of the test case. I hope this clarifies things for you.

[beverleyt]

It has now been a month since I sent the settlement letter to Paul Quinn just before my court date which I didnt go to as I had received the letter. I havent received the money and Paul does not reply to emails and Dino just tells me there is a backlog so does anyone have any advise on what to do now please?

[saintly_1]

Tell them that you will be approaching the court to re-instating your claim for breach of contract if the money isnt in your account by the end of the week

[kopstar1965]

Ref ongoing cases, those with court dates in particular.

If my undestanding is correct the judge should rule in the claimants favour if the defendent offers no defence, ie does not submit his paperwork/bundle?

It will be interesting to see what happens, my date is the 22nd, I am submitting my bundle this week as we are then away until the 21st.

I am not going to spend two weeks winding myself up about it, what will be will be, but do we have a valid argument for persuading the judges that by not complying with court orders the defendents should have the defence struck out & so a judgement in our favour.

Fingers crossed, so near but yet so far..................

Andrew

[tnook]

I'm in the same position, submitted my bundle before the test case announcement and Barclays didnt submit theirs. Can we write to the judge and ask them to strike out their defence for non compliance and request a judgement before the hearing? Or can we only make this suggestion at the hearing itself?

[dar£n]

you can only request it for the consideration of the judge, thats if you get in first, if the judge has decided prior to stay the case theirs not a fat lot you can do at the moment....we are working on a decent template to work against these stays...keep watching..

[tnook]

Great to hear you are working on a template!

 

Is there a sample letter I can send the judge today to ask him to consider striking out their defence, in the hope of getting in before the stay request?

[clubber]

Im in exactly the same situation. My court date is 8th August, bundle submitted. Verbal offer to settle on 23rd and again on 25th which I confirmed back to them in an email (verbal agreement made by Mr Quinn and confirmed by Emma Thompson). I fear this means nothing now but I can use email in evidence.

this morning my court have not received any directions to stay cases and their next hearing about bank charge claims is.. wait for it, mine next week so I will not be able to see how judge interprets situation before then..he is currently on leave until the end of the week.

 

Do I go with it and apply for defence to be struck out for £2200 or take the £1495 currently on the table from customer relations? How much is the stress worth? How much would I like the judge to find in my favour?

 

Back to how much I need the money.. its like deal or no bleedin' deal!

 

There are other cases going ahead today, will be interesting to see if blanket stays are being given- anyone had any update on this?

 

So many questions....

[littlebea]

i am well annoyed! my court date is 7th August ana 2 weeks ago Mr Hickey said he would be sending me aletter last week - nothing recieved am i screwed?? i had a lot depending on getting this money back!!

[paulson1985]

I read in another thread on here,

 

someone was asking for a stickie, so people in court in the coming days, and weeks can post what happens in court.

 

I am sure this is a good idea, and will keep everyone updated on what is happening in courts up and down the country.

[tnook]

Hmm just spoke to the court manager to check if they had received Barclays Court Bundle, obviously they didn't. They also didn't receive any "stay" requests.

 

When I asked the lady if I could request a judgement based on their failing to file their bundle and failing to follow the direction of the court she became very vague. Said that on the day the judge would consider it, but that it was not usual to request it in advance. She then suggested I get legal representation to gain clarity on the situation.

 

Very helpful.

 

I am double worried as:

1. the OFT/FSA test case issues

and

2. I can't make it to the court hearing date any more due to a personal clash

 

Any advice on how to request the judgement based on Barclays non compliance?

 

Also does anyone have any suggestions on what I should do regarding my not being able to attend the hearing itself?