druids36 v woolwich/barclays

[Druids36]

hi all,

 

Had letter on saturday from the court confirming dates.

Woolwich well barclays anyway have been deemed served on the 22nd june so that gives them till the 6th july so start counting.

whenever i think of it i get butterflys but trying to be calm and think happy thoughts! Can't help but think what if ........ no stop it it's going to be ok and we WILL win. it just seem such a long way off.

i bet a lot of you got nervous and look at you all now in winners row with nice blinking WINNER in the title. Please tell it's true...........!

One little question : as we issued in both our names will that mean a Q&A each and will that mean £100 each Q&A too?

cause we had better go out finding some money

[welshcakes]

"The nice chap at the court did say that the banks are getting tough on the cases now and are defending more, they are fed up of paying out!!!!"

Well, I wouldn't panic too much about this comment from the court clerk - I'm sure if the banks start turning up/halting pre-court settlements, it will be announced/discussed here on CAG. The banks would turn up with a team of legal eagles and this in itself would cost far more than many of the claims. Even if they won a case, they wouldn't be able to claim costs against the claimant as it's Small Claims Court.

It simply wouldn't make economic sense for them to turn up for a full hearing unless they believed that doing so 'en masse' would hit the headlines and thus deter a huge amount of customers from even thinking about making future claims.

 

IMO, unless some body like the Financial Ombudsman announces that the banks were justified in charge levels, the banks don't have a leg to stand on ... and they know it.

[Druids36]

i know it's silly to get all worked up about but i suppose we all worry we'll be the one they take all the way. The stand against the masses i mean at some point some one said "hey when we cut their heads off lets stick it on a pole to stop the rest" .

We all worry little old me with no legal sense will be the one. Hope i'm making some sense!!!!!

[Druids36]

Forgot to mention -we have a seperate complaint ongoing with the woolwich on another subject abit long winded but overview it's about how they handled the change over to barclays, members of the customer service staff and a little to do with charges and attitudes! Any way in their lastest letter amongst all the condesending rubbish was this little paragraph:

" Your complaint will be resolved and the account with Barclays corrected once you have agreed to the offer made for the six year charges. I understand that you have rejected the offer made."

We don't know about you lot but we find that a little off .

as far as we are concerned the two complaints are seperate issues and should be treated a such and feel it's a bit threatening or are we getting paranoid!

[welshcakes]

Hi Druids

 

If your other complaint has nothing to do with requesting a refund for charges then it has no relevance or impact. Treat the two issues as separate. I think it'll be important for you to resist mixing content of any letter you send however do not talk about the charges in your "change offer" complaint matter and vice versa.

 

If I understand you correctly, Barclay's is stating that they'll only address complaint (a) on condition that you agree to retract your right to a full refund of the charges they imposed (b)

 

If this is the case, they are most definitely in breach of the Baking Code and you are well within your rights to report this to the ICO which may kick Barclay's into some productive action rather than fannying about with threats and bullish correspondence.

[100%WHU]

Hi Druids, looks like we are more or less at the same point as each other. I have started court action against Woolwich/Barclays and mine was deemed served on 26/6/07. Must admit I have never had any offer from them. Can I aske anyone where it says that Barclays are settling + the 8%

 

100%WHU

[welshcakes]

100%

 

Once you file a claim interest that every claimant is entitiled to (where there is a debt involved) is set at 8% Per Annum under s69 County Courts act 1984 and calculated on a daily basis.

 

If you want to claim interest you must say so on the claim form.

 

Barclays/Woolwich are settling before it goes to court however because it has already entered the court system (ie issued), the 8% is unavoidable regardless of whether they settle or opt to lose in court.

 

All banks know this which is why they understand that the 8% becomes a legitimate part of the claim once it has been issued.

[100%WHU]

Hi Welshcake thanks for the info. I did put the interest on my claim form. So when is a good time to phone Barclays to start asking when they will settle?

Also does my interest keep being added until they settle?

[welshcakes]

Barclays Litigation Team on the whole, don't seem interested in talking settlement until there's an actual date for a court hearing. If you read the experiences of others http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

you'll see that whilst it used to be just claims with less than three weeks to go til court date, recently, Barclays have been speaking to claimants who simply have a court date, even 2 months away.

 

You're still a long way from this 100% but yes, the 8% interest keeps adding every day. If you used the spreadsheets from this site, each time you open them up, they automatically refresh to show updated interest.

[100%WHU]

Cheers again Welshcake. I don't wanna butt in on Druids thread so I will leave it at that.

 

I do have my own Thread but it seems very quiet on there. lol

[BARNSIE146]

hi druids,

we have now recieved an offer of £9000, but refused and put in an amount we would settle at,£14000 as this is the total charges without interest, and we are now waiting to hear. I hope they will comply otherwise we will have to go down the same route as you with the courts. I'll let you know if we hear anything again.

Good luck with yours, I'm still reading!

[welshcakes]

Hi druids

 

You haven't update your thread for a while - any news on a court date?

[Druids36]

Helloooooo everyone,

Sorry between poorly kids and myself not too great i've let things slide here. SORRY !!!

Well they Acnoligded on the last day that gave them till last friday.

They then entered there defence with minutes to spair over the internet ( didn't know they could!).

So just today we received our Q and A but with todays announcement i guess it's pointless.

Where do we go from here?? Feeling a little dispondant we REALLY need the money sooner rather than later as things are a little (understatement!) tight and i cann't find a job that fits round hubby's work and kids that won't cost me all i earn in child care fees.

Sorry to moan, a little stressed And the KIDS are on school hols so i know some of you know whats that is like!!!!!!!!!!!!!!!!!!!!!!!!!!!

[welshcakes]

Hi Druids

 

Please don't fall into the trap of believing that today's progress in anyway threatens your claim. It does not.

 

I highly recommend you use the Draft order for directions &

Reason's why they should be ordered and submit them with your AQ.

 

Many, many claimants will be withdrawing and huge numbers of people who were considering action will now be put off. Please don't become another individual who has misintepreted what the OFT Test Case represents.

[Druids36]

HELP, please i'm having a bad day.......since i had my bump to the head some days things just don't make sense and typically it's now and when i look at the A Q and it's just jargon to me!!!

 

can someone please walk me through it or at least point me in the right direction.

Really apreicate any help

[welshcakes]

Hi Druids

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

read in conjunction with

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=Allocation+STrategy

[Druids36]

Hi everyone.

 

Just a quick question with regards to the AQ I am currently completing.

In section D it asks for the amount of the claim in dispute. Do we enter the figure we sent the original claim for, or adjust the figure to include interest up to todays date ?

 

Thanks:confused:

[welshcakes]

Hi Druids

 

Use the original figure; your claim POC already makes provision for the accruing Statutory Interest.

[Druids36]

hello anyone out there??

 

urgent questions regarding N150 AQ.

 

1) in d section witnesses- do we put both of one of us in there and what do we put for " witness to which facts"?

 

2) in H section it asks " Do you intend to make any applications in the immediate future"? yes or no ?

WHAT????? do we??

 

Help please druids:D

[Druids36]

Well we completed our AQ and returned it by the given date of 10/08/07.

But Barclays did not, it seems that banks make the rules as they go along. It turns out, it now gets passed to the district judge who will write to Barclays in a weeks time giving them another 7 days.:o

 

How unfair is that. I know if we failed to meet the dead line that would be game over. Oh well at least its not on hold and our court is still pushing forward. Only another 2/3 weeks and will will hopefully have an answer. Will keep you all posted to what happens.

[welshcakes]

Hi Druids

 

Sorry, been away on hols.

 

I know it seems that the banks are dictating the court timetables and in any other circumstances, I feel sure the judges would be sticking to the rules but this issue seems to have them running scared.

 

I would prepare a http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf anyway and hand it into the court by hand on Tuesday - it can't do any harm, doesn't cost anything and if there are any further abuses down the line, you also have a stick to beat the court with - the fact that you rightfully asked for Judgement and if they had awarded it in a timely fashion as they are obliged to, further fiasco and time wasting could have been avoided.

 

It also paves the way for a warranted Wasted Costs Order.

[Druids36]

Hi, do we complete this form as if they had done nothing, because the only thing they have missed is the allocation questionair. Just want to make sure we get this right. I know its only 2/3 weeks until the district judge gets involved so don't want to get anything wrong at this point.

 

Please advise:confused:

 

Thanks

[welshcakes]

Hi Druids

 

If the court ordered directions that the Defendant should submit an AQ by an certain date, and they have failed to do this, then yes, you have good cause to request a Judgement.

 

Ring the court and make sure they haven't received the AQ. The judge may well say it isn't a 'serious enough' breach of process to warrant a Strike Out of Defence and often the court just decides to write a reminder to the bank giving them another week say - it is wrong if you are looking at playing by the rulebook, however the judge does have power to make 'allowances' based on what he/she feels is most reasonable and efficient in the fair handling of the case.

 

Many judges feel letting the bank ignore timetables constitutes fair handling - hmmm!

[Druids36]

:-| Hmmm, Well the court are not even sure now if the AQ has been returned as they made an "admin error" when keying the return of our form and Barclays some how have until 3rd Sept. Then the court will write to them giving another 7 days. If not returned then, their defence will be struck out.

 

Why put dead lines on the return of forms if they are going to give the banks longer. If it were us we would have lost by now. Our justice system sucks. The little guy always draws the short straw.

 

Lets hope things move in the right direction, I suppose its only 10 days then the judge decides what happens anyaway. Just so frustrating

[welshcakes]

Hi Druids

 

Very frustrating. Quite honestly, I would ring the court today to see if anything has come in. If not, prepare your Request for Judgement and deliver it down to the court with a copy of the Directions giving the original deadline. They had 10/08/07 which the court then extended.

 

I would put in a covering letter pointing out that three weeks additional grace was ample time and that given the absence of any submission by the Defendant during that period, you believe the court is now in a clear position to proceed with the Default Judgement, and that further delay would be prejudicial to the defending party and demonstrate complacency on the part of the court to addressing evidential abuse of process.