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princess roxy
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  • 2 weeks later...

hi received letter from courts today stating............ take notice that the preliminary hearing will take place on 5th september at 11:30 at .......court. 10 minutes has been allowed for the preliminary hearing, please note ; this case may be released to another judge ,possibly at a different court.................could anyone tell me do i have to make up a court bundle ,and send it off for this hearing ??? what do i do next ????..........thanks Roxy

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thanks saintly again a great help. i have already sent a SOC to barclays as a reply to there defence, and one to court to put on my file .(should i have sent anything else?) The papers i am getting ready now for a prelim hearin , do i need to take these with me,.. or do i need to send copies to barclays and the court,..sorry for seeming like a dimwit,this legal stuff is very new to me, and just going along with the expert advice given. what would you say would be the likely outcome of a prelim hearin........ thanks saintly ,really appreciate your help with this ....Roxy

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You take them with you . As to the outcome it depends on your judges reaction to the test case and Barclays request for a stay (which they will ask for ) At the moment work is going on to produce an argument against any proposed stay

 

 

Sorry i can be more positive at the moment

 

Saint

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Hi , a couple of queries, for my hearing 5th sept, must i take a copy of Draft order for directions ,where it says ,within 14 days the claiment shal send copies to the defendant courts etc,and so on ????? if so should i copy all of it and take to the hearing with me? and what does this actually mean, sorry for being a bit dumb ,but i would like to understand all the documents that i am using... thank you Roxy

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As your hearing is an allocations/directions/preliminary one then the draft order is a suggestion to the court as to what the next 'step' should be What it is saying is that IF the Judge decides to use the draft directions then 14 days from the date of the order then you will supply the court with the items on the order ..... Then the Bank would have to supply whats necessary in their alloted time limit

 

 

You may also want to take with you 3 copies of this --> http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

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OK ,Saintly you have the patience of a saint, and i know im forever trying that patience, but heres how i see it , i go to this hearing with; alloc hearing witness statement, draft order for directions +reasons why they should be orderd copies p1+p2, statement of ev idence, and maybe list of settled cases, as well as Soc relev statmts etc, AND opposing stay document. do i give the judge any of these docs, and when would i ask about oppose banks stay ????...... im just trying to sort out what i ask the judge what papers i give to him etc , ive come so far i dont want to c**k it all up by not knowing what im doing. thank you saintly i hope you understand why im asking so many questions. Roxy

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OK ,Saintly you have the patience of a saint, and i know im forever trying that patience, but heres how i see it , i go to this hearing with; alloc hearing witness statement, draft order for directions +reasons why they should be orderd copies p1+p2, statement of ev idence, and maybe list of settled cases, as well as Soc relev statmts etc, AND opposing stay document. do i give the judge any of these docs, and when would i ask about oppose banks stay ????...... im just trying to sort out what i ask the judge what papers i give to him etc , ive come so far i dont want to c**k it all up by not knowing what im doing. thank you saintly i hope you understand why im asking so many questions. Roxy
.............bump...........sorry
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Roxy, just remember this hearing, and ALL hearings in the small claims courts are conducted on an informal basis.

 

you will be invited in to the court room which actually turns out to be a small room with a desk and few chairs. the discussion will be between you and the judge oh and the Banks representative if he/she turns up.

 

The first sentance will probably be about other cases and the stays that have been granted, this is where the judge will either rule for the stay or decline it.

 

if a stay is ruled, then you can put in your request.

 

dont worry it will not be as daunting as you feel.

have a read of some threads where people have gone into court pooing it and came out ready to kick bum.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/109722-going-court-dont-make.html

http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html

 

 

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if.html#post1070488

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Roxy, just remember this hearing, and ALL hearings in the small claims courts are conducted on an informal basis.

 

you will be invited in to the court room which actually turns out to be a small room with a desk and few chairs. the discussion will be between you and the judge oh and the Banks representative if he/she turns up.

 

The first sentance will probably be about other cases and the stays that have been granted, this is where the judge will either rule for the stay or decline it.

 

if a stay is ruled, then you can put in your request.

 

dont worry it will not be as daunting as you feel.

have a read of some threads where people have gone into court pooing it and came out ready to kick bum.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/109722-going-court-dont-make.html

http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html

 

 

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if.html#post1070488

lol, thanks dar£n you have put me at ease already,...Roxy
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just another thing, today i won a case through the OFS for all my fees from a mis sold additions account to be repaid ,£427. couldnt actually beleive what they put in a letter to me ; although we have no doubt that you were mis sold this account blah blah blah.....i have to send a reply stating this as full and final settlement of this claim, this should not affect my claim for my bank charges should it ?

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Hi Princess

 

It won't affect any other cases you have for separate accounts. The important bit is that you make sure you cross out any confidentiality bit and that the wording is ...settlement of this claim.

 

Well done :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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today i won a case through the OFS for all my fees from a mis sold additions account to be repaid ,£427. couldnt actually beleive what they put in a letter to me ; although we have no doubt that you were mis sold this account blah blah blah.....i have to send a reply stating this as full and final settlement of this claim

 

Congrats. Great result.

Is there a thread on this ?

Yesterday i submitted a claim for a mis sold PPI. £ 4,181.75p.

Would like any info. Thanx.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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sorry T, there is no thread on this,it all came about after watching whistleblower, programme about banks and their charges,partic Barclays.they are supposed to give you some kind of interview ,to explain the account and tell you how much it costs etc, the staff abused the system and give it to almost anyone they wanted ,cos they were getting £10 a time for each acount sold ,even if the customer cancelled it.all they did with me ,was phone me and tell me i had been upgraded to an additns account,no mention of any cost. after watching the programme i told my dad about this ,and he immediately told me to get on to Bcs as i may have a case ,he told me what to say . at first they offered 6 months refund, then 12 months , then i sent it to the OFS and they sorted the rest. Roxy ......so now thats all sorted i can get back to my bank charges :)

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Thank you..

Very helpful information.

I am 100% confident of winning my case, again all down to this site.

£4.2k is a lot of MY money, and i want it back.

I am just trying to gather as much info as poss, so thanx again. ;)

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi ,just phoned the court to see if they have received an application for stay from Barclays, they havnt, but i was told ;.... that i could send in a letter opposing one just in case,and it would be put on my file. the judge looks at each case individualy, and takes into consideration the applications from both sides.......nothing to lose i will send one in . should i send in any other docs to be put on file ????

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