Olden v Barclays Bank

[olden]

I wish I never asked tez :o wait till slick gets here!! or was that saintly?

try my PM again it should be ok?

[tezl]

soz if it offened val.

[tezl]

sounds like you have been busy,

wonder if you can ask for costs.

yez

[olden]

did you move it or saitnly tez?

 

I tell you now, I'm in a complete daze getting nowhere fast.

[olden]

Jenny I just realised you said waiting for Barclays defence, if you are referring to the hearing for application to uplift stay, they won't have to submit a defence will they? is it possible?

[stonedecroze]

Hi Val, hows the bundle going? I printed & photocopied more today.. but with the possibility of yet another postal strike next week I will ring the court Monday to see if I have managed to get the same oral hearing as you. Im going to Lancaster sat/sun to see my sister so wont be able to do anymore for my bundle until next week. I just thought, do we have to submit all the actual bank statements x 3.... hope that the soc's are enough for this hearing

 

 

If you do take bank statements only take the ones with relevant charges on them, as the judge will not be best pleased with wading through reams of them, but you will prob not need them as it is only a hearing. just take them if you intend to refer to specific charges. Hope that helps. Stone

[olden]

morning everyone, can you tell me how to give my litigation info to the moderators? it asks over on the litigation success cases ?

[olden]

Hi again, I am thinking of faxing the bundle to the litigation team, should I ring and ask if they are attending? I don't think they will be but is it better to mention it or stay stum (get that great pun !! and i never thought of it)

[stonedecroze]

We Need Your Litigation Details!!!!!

 

Just follow the link

[olden]

Hi just did and WEBPAGE cannot be found!!! in my expereince this happens when something is trying to mess up the progress of threatening situations, as in the petition, I signed many time and could not get it confirmed at all, what do you think?

[olden]

We Need Your Litigation Details!!!!!

 

Just follow the link

 

Is this only for when you win? or do they require knowledge of all claims?

[stonedecroze]

Is this only for when you win? or do they require knowledge of all claims?

 

 

either, but it helps others to know how many cases are stayed :D

[olden]

OK thanks but I can't get it webpage can't be found?

[smutley]

Jenny I just realised you said waiting for Barclays defence, if you are referring to the hearing for application to uplift stay, they won't have to submit a defence will they? is it possible?

 

No sorry Val if I alarmed you, I was referring to the 8 Banks who have apparently put in their defence papers re the actual test cast, they are supposed to be published and cfrx is going to post them on the main site.

[stonedecroze]

OK thanks but I can't get it webpage can't be found?

 

 

PM the details to a site helper or Mod. I would recommend Sea-sidelady, kennythecelt or livelylad.

[olden]

thanks jen, having a senior moment then, I phoned the court to ask if I could fax documents in and thats ok. I could not get to the court quick enough, no fault of mine I might add, just family commitments, hours on here getting this ready now, one of my grandsons 8th birthday so over there after school, my fatherlaw's in hospital, babyminding tomorrow, Monday and Tuesday:( coming up for air wednesday:)

[olden]

by the way how did you go about indexing it, is it a list, do you head the page with letterhead, or just straight list. did you just copy the bunle list?

 

yes i know i am thick!!

[olden]

Hi stone , its me, pain inthe neck again, I have PMd site helper, can I ask something else please ref to the Application for removal of stay- Updated to account for the OFT case, I printed that , but now reading it at the ART|.6.1 point, where it quotes a sum of £3,778.06 am I supposed to put my sum in there? also the skeleton argument contains some same details but shortened? and do I need a new POC it doesn't mention that in the bundle?

[olden]

JUST SPOKE TO BARCLAYS LITIGATION TEAM IN LONDON AND GUESS WHO ANSWERED ONLY SHARON WHO WAS HANDLING MY CASE AND ABOUT TO LOOK INTO SETTLE (OR NOT) exactly when the announcement came.

 

Well they are sending a barrister on 19th and she said Barclays are NOT settling any more claims until the result of the OFT case:shock:

[stonedecroze]

Hi stone , its me, pain inthe neck again, I have PMd site helper, can I ask something else please ref to the Application for removal of stay- Updated to account for the OFT case, I printed that , but now reading it at the ART|.6.1 point, where it quotes a sum of £3,778.06 am I supposed to put my sum in there? also the skeleton argument contains some same details but shortened? and do I need a new POC it doesn't mention that in the bundle?

Hi olden,

yeah you put your own figure in there, The skeleton argument is just as it says a skeleton argument just giving the bare bones of your claim, the best way to use it is to just read it out to the judge at your hearing, if he asks for further detail the you can check back to your POC, So basicaly it is a script for you to read out, when the judge asks you to outline your case just read it out to him and offer him a copy and one to the banks rep. ( you can tell him that you have written it all out as you do not want to appear confused or overawed by the fact that you are in court, a new experience to you. ) you should not need a new POC as this is already with your claim. and the POC for the application is the letter that you sent with the N244 .

[olden]

Once again many thanks stone you are a gem;) I have done most of it now had to go out one of my grandsons birthday, back to the grind.

As I say i have the feeling there is no hope as Barclays are not paying out at all, even if the stay was lifted it's no go

[slick132]

Hi Olden,

 

Listen, you may not succeed with getting the stay lifted but at least you're having a go and good for you for sticking at it.

 

Don't, however, lose sight of the bigger or longer term picture - YOU WILL be getting your charges back from Barclays - not IF but WHEN!

 

You'll be pleased you turned down their partial offer - just keep your chin up.

 

Slick

[olden]

HI slick, thanks for that, so you think I should keep at it do you? I am not kidding when I say that after putting all of this together I am not sure I have a sufficiently extreme case of hardship, after reading that you need to prove that the penalty charges are directly responsible for your debt. in all honesty I could not.

[stonedecroze]

HI slick, thanks for that, so you think I should keep at it do you? I am not kidding when I say that after putting all of this together I am not sure I have a sufficiently extreme case of hardship, after reading that you need to prove that the penalty charges are directly responsible for your debt. in all honesty I could not.

 

 

Like slick has said just keep at it, at least then if you do not get stay lifted, at least you did your best, and did not roll over and give up. I do not honestly expect to get my stay set aside, but I am going to give it my best shot. WE WILL ALL WIN IN THE END,:lol::grin:

[slick132]

Hi Olden and thanks for the pm.

 

My feelings are:-

 

1. You could put together the best hardship argument there is, and you STILL might not get stay lifted by judge.

 

2. Good for you for all your efforts.

 

3. Don't be surprised or too downhearted if the stay remains.

 

4. In your own opinion, you're not convinced that you have a strong enough case legally (not morally - different matter entirely).

 

5. If the anti stay appeal is not costing too much financiallly or emotionally, stick with it. You may at least be able to ask judge to rule that banks stops adding further charges until after OFT case, if you advise re your present income.

 

6. If you hit a brick wall, sit down and rest your back, don't bang your head! If not now, then after OFT, you'll get your money back.

 

Slick