Barclays defence filed

[Shedbuilder]

OKEY DOKEY - Thanks for all your help.

 

Regards

 

Shedb

[slick132]

Sheddy,

 

You write to bank and ask for sett't. They'll write back and so no.

 

If they mention stay, ignore it or if you're talking to them, you say "Thats uo to the Court".

 

Thats the point - the Stay is up to the Judge and not up for discussion between you and bank. And you don't want them to know you are objecting to Stay.

 

If all else fails, by all means mumble and slur ! LOL

 

If you fax or email, the should be no verbal communication anyway.

[Shedbuilder]

Hi again,

So I don't need to cc the bank in my letter to the court objecting to their stay application then?

Also, I thought it was just a case of my phoning or e-mailing the BLT. Are you suggesting that I should write to them? If so, I probably need to start before the last week of the negotiation period don't I?

Regards

 

Shedb

[slick132]

Hi Sheddy,

 

I would NOT send bank copy of my objection to court.

 

And I would fax or email Kate at bank along lines suggested before.

[Shedbuilder]

Hi Slick, Saint,

email with updated charges, interest etc sent to Kate Ashton at BLT as of today's date. I'll let you know if/when I get a response.

Regards

 

Shedb

[slick132]

Hi Sheddy,

 

Waiting for your update.

 

Slick

[Shedbuilder]

Kate has replied, just to say that she's passed it over to the case manager, Robert Saunders.

Shed

[Shedbuilder]

Hi Slick, Saint,

Nothing heard yet from BLT, and today's the end of the negotiation period. I spoke to the court on Friday and case wasn't stayed at that time.

Do Barclays usually leave it so late in the neg period? Should I expect to hear anything from them today or will they just rely on getting the case stayed?

If I hear nothing, what do I do after today?

Any advice greatly appreciated.

Thanks

Shedb

[slick132]

Hey Sheddy,

 

Barclays are famous for leaving till last minute or way beyond and getting away with it (as far as Courts are concerned anyway).

 

However, no you do nothing more and wait for bank to make their move. Your Directions were:-

 

Hi Slick,

Item 6 reads as follows:

If no settlement is reached by 26 November 2007 the Defendant shall by 10 December 2007 file and serve a schedule in response to the Claimant's schedule stating in respect of each item claimed: etc, etc.

 

You've tried to negotiate and now you await their Defence (which won't come).

 

Tick, tock, tick......

 

Slick

[Shedbuilder]

OK, Thanks.

The lady I spoke to at the court said that they could apply for the case to be stayed at any time, so I guess I just wait and see if they get it stayed by 10/12, otherwise I win.

Is that right?

 

Regards

 

Shedb

[slick132]

Hi Sheddy,

 

Recent experiences show that Judges are now ordering a Stay if bank applies late or even when bank fails to request it at all.

 

You now have to wait for Barclays Defence Filing deadline to expire. When that has passed, you go back to court and say:-

 

"They failed to negotiate, they've not Filed Defence and they've failed to supply Draft Directions. Please can I have Judgement, as bank has completely failed to comply with any of the Courts' Directions."

 

It is then up to Judge and, although the bank has failed miserably in meeting the Courts' requirements, he may still decide to Stay the case because the OFT case is so close.

[Shedbuilder]

Hi Slick,

Deadline has now expired, I spoke to the Court and they have the bank's application to stay the case on file but no decision from the Judge yet.

So, I now send in the letter as per post 111 above, anything else?

 

Thanks & regards

 

Shedb

[Shedbuilder]

Hi again,

One other thing - do I need to cc the letter to the Bank, or just send to the Court?

 

Regards

 

Shedb

[saintly_1]

Personally I wouldnt tip the bank off that you have sent the letter ............ ;-)

[slick132]

Hi Sheddy,

 

Did you find out from court the date of bank's Stay appl'n - I assume it was made later than the court's deadline for it.

 

Yes, time for a letter to the judge emphasising how banks has persistantly chosen to ignore each aspect of the Court's Directions.

 

Ask for judgement to be given in your favour. Alternatively, if the judge is minded to apply a Stay, can bank now be barred from submitting further evidence as they are clearly outside of the timescale given by the Judge.

 

I agree with Saintly - don't cc the bank - they haven't extended the same courtesy to you.

[Shedbuilder]

Hi Slick, Saint,

The stay application was dated 15/11 and was copied to me. However, according to the court order, it should have been submitted by approx 5 weeks before that (8/10)!

If I send a letter asking for judgement, do I really want to throw in the bit about not allowing the bank's further evidence if they do grant a stay, or do you think I should wait until I hear that the Judge has granted the stay before saying that?

 

All the best

 

Shedb

[slick132]

Hi Sheddy,

 

I would write on the lines I suggested.

 

The bank, as usual, have totally ignored the judge's very specific Directions which the judge should not be pleased about.

 

The point of you writing now is to get your opinion over to the judge and to suggest how you would like your case to proceed.

 

If you do nothing, a Stay will most likely be applied in line with banks late appl'n. Writing now gives you a chance to influence the judges next decision.

 

Just my opinion.

 

Slick

[Shedbuilder]

Hi Slick,

Consider it done. Thanks for all your help on this.

What sort of time scale do you suppose there will be before I hear that it's been stayed, or that I have judgement?

All the best

 

Shedb

[slick132]

Hi Sheddy,

 

Just want to check what other team members think is your best move from here.

 

On reflection, I think it should be enough to simply ask for bank's Defence to be struck out in accordance with item 7 of Court's Directions. I'd also ask court to not allow the Stay appl'n which was Filed 5 weeks late.

 

Please wait till I post back before going ahead.

[MARTIN3030]

The Courts have gone much quieter now but its possible that the Judge will allow a little longer .....it happened in 3 of my cases in fact I had a Judgement against Barclays awarded but they went on to have it set aside saying that they lost my papers.Stays are being ordered by the courts own notion and without a hearing,though you will have chance to object if it happens in your case.

Insofar as judgement goes its hard to say....it depends on your own Courts workloads.One thing you CAN be sure of Barclays will try to wriggle out of it either way.

[slick132]

Sheddy,

 

Here's a reply (courtesy of GaryH) which you should send immediately to Barclays Lit'n Team and cc to court.

 

Dear Sir/Madam,

 

[You] –v- Bank Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which you intend to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

 

Amend as nec'y and send to bank by rec'd dely.

[Shedbuilder]

I've already sent the letter as per post 115.

Shedb

[slick132]

Hi Sheddy,

 

I was hoping you might see the later posts in time but no matter.

 

Please send the above letter to bank tomorrow and copy to court.

 

You are still looking for the same result but approaching from different angles. Sorry to cause extra work for you.

[Shedbuilder]

Hi Slick - no probs, letter sent to bank and copied to court.

 

Thanks again

Regards

 

Shedb

[slick132]

Will wait to hear back from you.

 

Just so you know, other Site Helpers and Mods think you still have a reasonable chance of avoiding the Stay - don't wanna count chickens too early though.