Olden v Barclays Bank

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Hi Val, a result at last! This is what the clerk at the court said (I posted previously in the Cardiff thread) that oral hearings would probably be granted - wonder how many others will receive the same.... although on my part not even received a response to my stay appeal!!! Please keep a list of all the documents you are using!!! Iam so pleased for you xxx Jenny

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thats good, the lovely slick is on your case

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slick, Oldens pm works for me.. just tried it out and message went

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yes, is that why I can see olden+ ?

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now everyone can pm you val!! glad its sorted...

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hi Val, how frustrating, how about they show you their bank statements where they refunded the money to you.... not a hope in hell I bet.. tell them you are taking it to the financial ombusdman, but dont give up.

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give the financial busman a ring and explain what is happening, they may interven if you have the statement proof.. and write to Ideal Shopping on your behalf, worth a try;) Off to bed now, just watched a scarey movie so will prob be awake half the night!

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Yes give them a ring (my sister did when she had a problem and they acted straight away) I am sure they will help with this problem especially as you can prove that you have not had the refund and that Ideal Shopping are ignoring you... it may be that they have refunded the wrong account and need to investigage but of course they cant be bothered to look into that !

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HI Val, any luck with the busman?

I rang ccc today, the court manager or was it listings not sure, rang me back they only received my letter today!.... but could not find my email... anyway, they are going to do their best (as I complained that they had lost my last application) to get me on the 19th if I didnt mind such short notice.... but I will have to wait and see if the notice arrives.. but there is a slight glimmer of hope I might be with you.

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I started printing out the stay ojection bundle today so have reams of paper, but do you mean you only need the original application with objections or add the bundle docs as well.... with regard to expenditure, how about 7 months x 3 hours a day x £15 an hour = a nice handsome sum!!!

thanks for the 0845 info, had heard about it, but didnt know how to get the numbers.

hope that consumer direct can help.. think you will have to add some compensation to your claim for all the effort, stress etc., that this has caused you.

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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

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tezl... you will get it removed again!! lol

Val, by the sound of it the oral hearing is going to be just a formality where the outcome has already been decided, also it seems that a bundle is not going to be looked at ... from your comment "but he said if you have submitted everything its all here,". Im waiting to see what barclays defence is, if anyone gets a copy of it to post on here... I think most effort should go into the skeleton arguement which would outline to the judge your main objections and personal reasons.

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bloody thing wont edit.

 

try getting b's actually wet please;)

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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.

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hi tezl, thanks for your words of support, cant see me having an early night, still trying to do my speech and then read the whole bundle, prob wasting my time as only a 10 min hearing.... but yes, looking forward to meeting Val very much.

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omg Val, what a manic day, but you just put a smile on my face the the first time today (or all week really!) That is so annoying, where does the money go when it leaves our bank account... I had the same this week, we had an automatic bank credit going through, took three days but too late for the mortgage going out as the money has to be there the day before, so hay ho, £35 charge off barclays, but in reality they already had the money and also £35 from mortgage co, plus prob a black mark - the first one...think im loosing the plot here.... you wear contact too... so we are both around the 5 foot mark, blonde hair and disabled if lenes falls out!!!

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cheers, stone and sainty and tezl... just want tomorrow morning to be over (have to go back to work then) but tomorrow night, come what may, I will be lifting, or is that shifting a few vodkas!.... next mon and tues, Im appearing in bristol cc as a witness....

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OMG jenny you're making a habit of this! thanks stone saint and tez I have to get on and write something down, I was only going to ask the Judge " Your Honour as I am so nervous never having entered a court before, and shaking like a jelly can I read out my skeleton argument"

Saturday for me will be.....is there life after reclaim?

 

.. or better still, just ask him to read it.... hopefully that will be the case for both of us8-)

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exacty tezl think you summed it up well.... it was a long day, 10m in hearing into 2.5 hrs... my advise. no bundle, not needed for stay...just your personal circums...xxx catch u all tomorrow xxx

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Hi Val, it was lovely to meet you yesterday... it was as if we have known each other for years! I dont think I could have gone through with the hearing without you, thanks so much for being my 'court buddy'. What a long journey you had getting home, you must have been exhausted. I went back to work, but could not concentrate, it was a strange feeling, as if a weight had been lifted off me (and I did sink quite a few vodkas last night! ). It was good that we could have a few laughs during and after the hearing.. that guy butterbean was really nice too and when the HSBC solicitor said she wanted costs and the judge rolled his eyes and said that they were not appropriate! Im reliving the part when I put my hand up to speak, I remember looking at my hand in the air thinking and what are you going to say as brain had gone blank... I did say something to which the judge seemed to agree, but I cannot recollect now what it was! It was a sort out out of body experience! So glad we met, and dont forget if you need any help with anything... and ebay!!!

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Hey Val, what a brill account of our hearing... what more can I say other than when you told the judge you were 67 he looked up as to say, never! (and I agree you look fab for your age!)

 

The cases he referred to were something like (and if anyone can interpret them, please feel free)

Bearing

Carslyle

Harris v HSBC - Ian Hughes

Crossdale

 

Thats points in the banks submission carried more weight than others.

 

In particular there was not much weight to their submission on having to manually administer our accounts to the consideration of stopping bank charges and that the comment "Heavy finanical burden to the banks" did not go down well with Judge Hickinbottom.

I told him that Thomas Hickey (b's lit team)had told me in June that b's would be settling in full end of July, but when I rang mid July (before the announcement) Thomas had completely changed his tune and almost denied what he had said. I managed to add that it was as if the banks had had prior notice to the test case. Judge H agreed that barclays were settling claims before the announcement of the test case and that it was unfortunate for us that we had to wait so long for our court dates.

Judge H took a lot of time checking the banking code and want to know more from B's solicitor (Miss Hilly ?) about what was in place for hardship cases.

Anyway, I look forward to receiving his reasons via letter next week which hopefully as he said, will be to our benefit.

Also, we can still apply to lift the stay at anytime.

 

Jenny

ps

I now have 3 sets of bundles in my possession, if anyone is in dire need.. let me know and I will send you one of mine (free of charge of course)

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I think Val if he was able to he would have.. but what was it Miss Hilly turned to us and said, something to the effect that if we managed to get the stay lifted then b's would just keep on appealing and therefore no hearing prior to test case... coz I said to her that b's would not actually come to court to defend, they would pay out as they would not want to disclose anything before the test case.... bits keep coming back to me!!

So glad its over though, but im not looking forward to tomorrow... Im appearing in court again as a witness!!!

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thank you stone, but we couldnt have gone through with it without all the support from you, saintly, tezl and everyone else on this wonderful site that has given us advice and support... to you and everyone else a million thanks yous!!!

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I can't find the case anywhere. Can you remember roughly what did was said about it?

 

Hi Ice Maiden, Oldens correct with that one... but the others, I was trying to write them down as the Judge said them and only managed the first name didnt get the V soandso!! sorry.... but he didnt explain anything about the cases other than mention them which was for the guy with us 'Butterbean' v HSBC - the Judge got the cases photocopied for him to take home and read! You might have more luck if you try and source out Butterbean in the HSBC forum.. sorry but my shorthand is rubbish!

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oh I think for the banks.... probably cases where the judge has gone down the line of thought on considerations being added... ie no more bank charges being incurred to account prior to result of OFT case. And then deciding against adding them!... Im sure one of mods might recognise the cases.