Harvey 32 v Barlcays

[slick132]

Harvey,

 

You never posted the directions here so can only advise so far.

 

Take 3 copies of this to court with you to try and avoid a Stay.

 

I assume you have complied with Directions and have Filed and served (to bank) Court Bundles.

 

Barclays will not have done this so you could ask judge for their defence to be Struck Out as they have never produced a court bundle in these cases.

 

Good luck, Slick

[Harvey32]

Hi Slick

 

The directions ask Barclays for skeleton argument, whether they accept the charge to be a penalty and copies of decided cases.

 

I have complied fully with my directions.

 

It clearly says at the bottom that if the defendant fails to comply with this order, the defence is struck out without further order and the claimant may request judgement.

 

I will take 3 copies of this as you suggest.

 

Cheers

 

Harv

[slick132]

Read the anti-stay stuff so you're aware of what you're requesting and why.

 

Defo ask the judge to strike out for non-compliance with judges clear directions.

[tezl]

Hi Slick

 

The directions ask Barclays for skeleton argument, whether they accept the charge to be a penalty and copies of decided cases.

 

I have complied fully with my directions.

 

It clearly says at the bottom that if the defendant fails to comply with this order, the defence is struck out without further order and the claimant may request judgement.

 

I will take 3 copies of this as you suggest.

 

Cheers

 

Harv

hi;

 

dont want to sound pessimistic,you may get judgement,and you should if theres any justice.

but in most cases with these directions,you should have already asked for judgement and got it before hearing.

thus having the hearing vacated.

you have now given bs a chance to ask for stay at hearing.

 

this is why it is important to fully list judges directions so to get good advice.

all the best.

tez

[Harvey32]

Back from Court. To explain a little further Tez, my claim comes to 1478.00 and was struck out due to non payment of allocation fee. The court finally realised yesterday that this was incorrect and reinstated the case for hearing today. I had already applied for judgement.

 

Anyway, met their barrister beforehand and told him I would be asking for a strike out due to non complience. He said that even if they lost there would be an appeal.

 

In we went and he argued the case for a stay very well. When it came to my turn I objected to the stay request and asked for the defence to be struck out due to the fact that they ignored the judges clear directions.

 

He then pleaded the fact that it wasn't cost effectve and manageble to reply to each case individually and therefore his 'template' arugument that he turned up with be comsidered.

 

I said to the judge that they had had plenty of time to sort this out, since April and had failed to respond to me, apart from the odd template letter.

 

The judge agreed this was wrong but also said he was in a difficult situation as High Court Judge in Leeds had agreed that the right move was to stay all cases and that it was hard for a county court judge to go against that.

 

Their lawyer asked again for a stay and I pointed out that it was unlawful to do this on the day and that he should have applied beforehand. I think this annoyed them both!

 

Finally the judge summed up and struck out their defence but ajourned the judgement for 28 days incase Barclays wanted to apply for a stay in the proper manner.

 

If they don't then I will receive judgement without further order.

 

It feels like a draw to be honest.

[slick132]

Harvey,

 

Thanks for the report and well done on your day in Court.

 

Quote: " Finally the judge summed up and struck out their defence but ajourned the judgement for 28 days incase Barclays wanted to apply for a stay in the proper manner. "

This para dosen't make total sense to me, but I'm not qualified. Post the judgement on here when you get itand we'll see where that leaves you.

 

Bank will, of course, now apply for stay and get it (IMHO).

 

Slick

[Harvey32]

Hi Slick,

 

It didn't make sense to me either. It seemed like the judge was just sitting on the fence. I told them both that this was a complete mockery of the justice system and that Barclays were wasting the courts time. The judge agreed but was still sympathetic to Barclays lawyer.

 

I even explained that I had taken 1/2 days holiday to come present my case (which had taken over 3 hrs to prepare) and Barclays couldn't be bothered to even acknowledge the courts directions. (Small guy gets **** on again by our screwed up legal system.)

 

The judge suggested that I speak to Barclays about a settlement in the meantime (28 days whilst I wait for them to properly apply for a stay) and I said I tried that last April.

 

Afterwards the barrister said that he didn't know whether they would bother applying for an individual stay was it may not be worthwhile. I hope they don't.

[slick132]

Post the court's order when you get it. Depending on how it reads, that may be the time to speak to / email Barclays Lit'n Team and try to negotiate settlement.

 

At least you had a half decent hearing and a judge who listened - many here have turned up to hear their case stayed in 30 seconds. And you've still a chance of them NOT appealing (I'd say it's a slim one though).

 

Fingers crossed, Slick

[Harvey32]

Thanks for your support Slick, you've made me feel better about today. I'll post the order as soon as I get it. Doubt this will be soon though due to the postal strike. Can you tell me why Barclays may want to settle now? I'm confused.

 

Cheers

 

Harvey

[saintly_1]

If they dont apply for the stay then they will get a judgement against them .......... no bank wants a ccj on their files

[Harvey32]

so do you think they will make the application Saintly? The barrister said they may not bother.

[saintly_1]

I wouldnt like to predict what B's will do ........ im still waiting to see what they will do with the directions that i got from the court ......

[slick132]

Harvey, Forgot to say, the same happened to Aude with her AQ fee and she's just been awarded judgement - http://www.consumeractiongroup.co.uk/forum/barclays-bank/109531-defence-threw-out-due-6.html

 

Slick

[Harvey32]

I would have had the same result slick had the court not been so useless and cocked my case up! Well done to Aude though!

[Harvey32]

Got the judges order through yesterday, here it is below:

 

Before District JP sitting at Oxford CC

 

Upon hearing the claimant in person and the counsel for the defendant

 

Upon the court being satisfied that the defence has been struck out persuant to paragraph 4 of the order of the 20th July 2007

 

IT IS ORDERED THAT

 

1. The proceedings are stayed for 28 days, in order to give the defendant and opportunity to apply for relief from solicitors

 

2. The application for a stay is Adjourned Generally with Liberty to Restore, to stand struck out if not restored by the 5th November 2007.

 

Date 5th Oct 2007

 

_____________________________________________________________

 

Any thoughts anyone?

[slick132]

Hi Harvey,

 

1. IMHO this says case adjourned for bank and sol'rs to decide next move.

 

2. If bank don't apply for Stay by 5th Nov, case will proceed.

 

They'll apply for stay now and your case will be put on hold. If bank don't, I think you'll win.

 

Fingers crossed again! and goodluck.

 

Slick

[tezl]

they will have to pay for stay though,wont they slick.

depending on amount of charges,perhaps they wont bother.

seems judge has given harvey 50-50 chance of winning.

tez

[slick132]

Yes Tez, they should pay.

 

50-50 chance not bad these days.

 

Slick

[Harvey32]

The judge said to me in a condescending way that I have an open goal but still need to kick the ball into the net!

[slick132]

Easy for him to say!

 

Slick

[saintly_1]

professional footballers have been known to miss those

[tezl]

The judge said to me in a condescending way that I have an open goal but still need to kick the ball into the net!

hi,

sounds like hes telling you ,you still have good chance of scoring that winning goal.

tez

[Harvey32]

How much does it cost for a stay application Tez? Their lawyer said that they may not bother but knowing my luck with this case they probably will!

[tezl]

hi harv,

around £100 i think plus their legals i suppose.

but i dont think i have heard to much if any of them paying for stays.

they have been getting away with frebees for some unknown reason from courts.

fingers crossed.

your still in the game.