novice computer user v barclays.*WON DEFENCE THOWN OUT*

[tezl]

Believe it or not they use second class post. No problem though, you dont want them to get it untill Christmas.

Which one of you is 30 years younger ?....

Shes telling you to ask for HER.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

hi,im missing something here t.c.why not till christmas when hearings next week.?wont the judge want it sorted before hearing.thought that might be point of these orders.?ta.tez

[tonycee]

hi,im missing something here t.c.why not till christmas when hearings next week.?wont the judge want it sorted before hearing.thought that might be point of these orders.?ta.tez

 

Coz you dont want them to have time to have it set aside.

Im sure your hearing can be suspended because judgement has been entered, you really DONT want a hearing now.

[tezl]

Coz you dont want them to have time to have it set aside.

Im sure your hearing can be suspended because judgement has been entered, you really DONT want a hearing now.

hi,what do i do not to have hearing then?do i ask to suspend hearing?tez

[tonycee]

If you have a hearing, you give them the opportunity to ask for a stay.

If granted, judgement will also be stayed.

If you can get the hearing suspended because of judgement, Bs are so busy, time might run out on them before they realise whats happening.

Having judgement entered in your favour is EVERYTHING that you have been trying to achieve apart from getting a cheque.

I stand to be corrected by more informed peeps, but the way i see it is, You Have Scored The Winning Goal And Won.

Why give them a chance to get an equalizer. ???????

[dar£n]

yes you did and darren hope you feel real guilty.lol.ok though, the saints been holding hand.good luck with barclay card.peter i posted the black typed bit of directions on post 414.is it ok just to leave a couple of days re case no ,judge etc,dont want anything winging it to court from bankers.even though its in black and white.changing minds seems to be ok for some.tez

 

?????? explain

[tezl]

hi darren,you ok,peter put in post that he dissapeared on me so i added you because hadnt heard from you for a while.only an attemp at a bit of humour i can assure you nothing meant by it what so ever.to much respect for what you have done and are doing for that.tez

[dar£n]

no worries Tez,, i read it and thought it referred to an earlier posting where you may have asked for help,, as I havent been active on here for the past couple of weeks, [school hols etc] I thought I might have missed something, had a quick read but couldnt find anything relevent.

 

even tho' my post have been a bit thin, Im still reading the threads to see whats happening, its just gone very slow for most now.

 

You say your case is coming up, lets hope you get a judge who wants to see an end to all this..they are out there, there are still a few who are allowing judgements even when the banks representatives bother to show up...

 

Good luck mate, just remember its not crown court where the all wear wigs n stuff, its low key and wont be as daunting as you may feel.

[tezl]

no worries Tez,, i read it and thought it referred to an earlier posting where you may have asked for help,, as I havent been active on here for the past couple of weeks, [school hols etc] I thought I might have missed something, had a quick read but couldnt find anything relevent.

 

even tho' my post have been a bit thin, Im still reading the threads to see whats happening, its just gone very slow for most now.

 

You say your case is coming up, lets hope you get a judge who wants to see an end to all this..they are out there, there are still a few who are allowing judgements even when the banks representatives bother to show up...

 

Good luck mate, just remember its not crown court where the all wear wigs n stuff, its low key and wont be as daunting as you may feel.

hi darren pm you but obviously didnt do it right,hope my judgements in the post,if thats the way they do it.still unsure what proceedure is now,if i get judgement do i ask for ajournment of case,dose court carry on?tez

[pjdavies2000]

Don't do anything now.

 

If you haven't had the money in your hands by the court date, take your bundle and the judgement letter and go to court. I think the judge will be with you on this one, so a stay seems the less likely option.

 

If you do get the money through before the date, notifyb the court by phone and in writing asap

 

If you hear from Bs but not with money, keep your correspondence and show to the judge. If Bs are ringing to confirm payment, tell them they need to get this done asap.

 

You'll be fine Tez, just stick with what you know. TBH, your thread is so full of info it should be a step by step guide to beating Bs!!!

 

Peter

[tezl]

thanks peter,never read it but war and peace comes to mind in more ways than one.if i get judgement then i have to contact them? to get correspondence going to try and get dosh,but if not ive tried to avoid court,to show my could be new best friend.tez

[tezl]

as requested peter defendants directions.

3) the defendant shall within 14 days therafter send to claimant and to the court a responce to the claimants schedule,stating in respect of each item claimed.

a, pursuant to what contractual provision such charge was made,producing a copy of the contractual document relied on.

 

b, whether such charge is accepted to be a penalty,and if not why not.

 

c, if such charge is alledged to be a pre estimate of the defendants loss incured by the clamants actions (whether or not such action are treated as a breach of contract between two parties),all facts and matters intended to be relied upon as showing as such was a proper estimate of such loss,and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

d, if such charge is not alledged to be a pre estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

e,any witness statements.

 

f, copies of decided cases and other legal materials to be relied upon.

 

in default the defence shall stand struck out without further order and the claimant may obtain judgement with costs by filling in request for judgement.

4,the parties must notify the court forthwith if there are any issues of law or fact which may effect the track or time estimate for the hearing.any such issues must be clearly and fully defined.

 

5,the court must be informed immediately if the case is settled by agreement before hearing date.

 

6, setting aside etc order of courts own motion

any party affected by this order may apply to the court to have it set aside,varied,or stayed.such application must be made in accordance with CPR part 23 within 7 days of service of this order

 

obviously this was pre oft twot.

 

have a lay down now ,mind learnt how to get real black letters.tez.

[dar£n]

very std stuff tez.

 

As suggested go for the kill on the day,,,you will be fine.

 

If the judge sides with Barclays at this late stage then it shows the system is a corrupt as the very thing we are fighting.

 

Like I always say...it depends on whether the judge has a spine

[tezl]

very std stuff tez.

 

As suggested go for the kill on the day,,,you will be fine.

 

If the judge sides with Barclays at this late stage then it shows the system is a corrupt as the very thing we are fighting.

 

Like I always say...it depends on whether the judge has a spine

what kind of dip stick am i,just read puddinpie thread,absolutely disgraceful even courts are sceeming and bull shtg us,will be lucky to get empty envelope in post let alone judgement.still like i said wasnt counting chickens.glad when me and better half ,and my dear wife can p off to france and live in a caravan.yet another sign this country is going that far down the pan,becoming a laughing stock, bad people first,good people second.tez

[tezl]

hi,lets talk hypathetically just say by some act of desentcy you receive a letter of judgement from court,when its d day and your waiting to enter the lions den.

the bankers are doing their rounds trying to get you to agree to a stay, or telling you its going to happen any way without your blessing.i do hope its a lady banker helper.if its a bloke he might well get a very quite gob full, would not want witnesses.tend to want to release pressure if getting nervous.

would you show banker helper the letter of judgement,obviously if i have one then so should bankers,but perhaps they have not imformed banker helper.or wait till in the lions den.ta tez.

[dar£n]

DO NOT ASSIST THE DEFENDANT IN ANY WAY..

 

Would they tell you what they are going to use against you in the court room?

 

Letting you prepare a counter defence? dont think so.

 

At this stage in the game our best policy is only communicate when necessary. once it goes to court be consistent and state "see you in court".

[tezl]

DO NOT ASSIST THE DEFENDANT IN ANY WAY..

 

Would they tell you what they are going to use against you in the court room?

 

Letting you prepare a counter defence? dont think so.

 

At this stage in the game our best policy is only communicate when necessary. once it goes to court be consistent and state "see you in court".

cheers darren,it would be nice to say see you in court room with big smile on face,leaving them feeling,what the hells he got to smile about.it would be moments like that to look back on with satisfaction.even if case is stayed.gonna keep big fat grin on face,i hope,all the time.sure there are some nice ones,but still on £160 an hour out of other peoples misery.ta.tez.

[tezl]

hi, s

[tezl]

hi,court day nearing so thought i would start on reclaiming additions.help pay towards costs of case when stayed.phoned 2 days ago asking for proof of asking for additions.they could not because it was verbal over counter normally.she asked why,said seen it on tele how you just added it to accounts and i could not remember agreeing.she said it shows on statements as account fee.i said,i thought bs implemented it because you can do anything under t/cs.she said,we will give you refund of 6 months since you have had additions for 18 months.i said sorry im looking at statment from 2001 with it on.she then said ill have to pass it on you will get letter.came today get back to you in 4 weeks.oh she did mention that i had not used any of the so called benefits of additions.so if you have used benefits they may have argument.tez

[tonycee]

Tezl

I cant believe you are even discussing the posibility of a hearing.

You have got judgement. You have won.

Why why why are you giving them the opportunity to oppose judgement.

Im sooooooooo confused. ?????????????????.

[tezl]

Tezl

I cant believe you are even discussing the posibility of a hearing.

You have got judgement. You have won.

Why why why are you giving them the opportunity to oppose judgement.

Im sooooooooo confused. ?????????????????.

hi,t.c, your confused,aint got it yet t.c,still waiting,take it you have read thread,daz on462 and 465,im starting to get baffled now.tez,just reading my own thread again t.c.and459.tez

[tonycee]

phoned up to ask question later on about something different, got same girl,she said to ask for her , said it had been processed and it had been sent to bs,

 

Have i read this all wrong ?

Is this not the judgement that has been processed and sent ?

 

hi,t.c, your confused,aint got it yet t.c,still waiting,take it you have read thread,daz on462 and 465,im starting to get baffled now.tez,just reading my own thread again t.c.and459.tez

 

Have read all of these and have the utmost respect.

What hasnt arrived yet ?.

You can walk into the court tomorrow and ask for a copy of the judgement.

You will wait another 20 days before you get paid.

What i am saying is that I would be doing everything possible to prevent a hearing/court date.

This just gives them the opportunity to ask for a stay.

Where as, if you pursue judgement, my guess is they will run out of time first.

Of course i am not trying to tell you what to do, but i cant help feeling you might regret not getting the hearing suspended for 28 days.

Hope im wrong.

[tezl]

t.c,yes it is judgement,they sent 1st class wednesday,they said.tez.i cant get head round darrens post about kill on the day.do orders come in judgement or i request suspension.ta.tez

[tonycee]

t.c,yes it is judgement,they sent 1st class wednesday,they said.tez.i cant get head round darrens post about kill on the day.do orders come in judgement or i request suspension.ta.tez

 

No dar£n is absolutely right as allways.

If there IS a day, then you must go for the jugular.

The bit that i really do not understand is, why do you want this hearing at all ?

Whats the best thing that can happen ?

The judge finds in your favour and you win ?

For gods sake man, you have done that allready.

You have got Judgement.

Why do you want to risk having this set aside by allowing them to ask for a stay ?.

I have to be up at 5, first plane lands at 6, but will look in 2morrow.

Please pm a mod and ask for oppinion.

Nite.

[tezl]

soz for keeping you up.tez p.s.yes t.c. i could quite easly forgo my d dayand give judge a rest.cheers

[tonycee]

soz for keeping you up.

 

You didnt keep me up. that was the 18 hour day and the huge bar of chocolate that i ate.

Im going to reserve my opinion now.

I want the best for you, as i do with everybody, but i think im begining to make your situation worse.

I do so hope it works out well.

I will be watching.

Good luck.