Barclays defence filed

[Shedbuilder]

Hi Saintly, Slick etc,

Just called the court and the bank hasn't applied for it to be stayed, so it's full steam ahead!

Is there any chance that this means that they're going to mount a big challenge, see me in court etc, or do you think it's just slipped through and so long as I get my bundle in on time etc, it's job done?

Regards

 

Shedb

[slick132]

Sheddy,

 

When your bundles are Filed and Served, clock starts for bank to negotiate or prepare and submit Defence Bundle. I'd wait till mid Nov'r then contact Lit'n Team at barclays.

 

Could you please post exactly, item 6. of Directions.

 

They'll be no BIG CASE but they may kick up a stink to get case Stayed - that's all they can do with these Directions and they are well past the deadline for applying for Stay.

[Shedbuilder]

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:

 

a. pursuant to which if any contractual provision such charge was made;

 

b. if such charge is alleged to be lawful the basis on which it is so alleged;

 

c. if it is alleged that the charge is a genuine pre-estimate of the Defendant's loss incurred as a result of the Claimant's actions (whether or not such actions are in breach of contract) all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss including the Defendant's positive case as to the actual cost of dealing with such actions; and

 

d. draft directions for the further conduct of the case to be agreed with the Claimant if possible.

 

So, as they're past the deadline can they still get the case stayed then?

 

Regards

 

Shedb

[slick132]

Sheddy,

 

They'll definately have a try and that will be their only focus.

[Shedbuilder]

Did the wording of para 6 tell you anything?

Also, when they refer to "filed and served", I assume that just means that I have to ensure that it's delivered to them by the required date?

 

Is anyone aware of any other cases like this, carrying on since the announcement re all cases being stayed pending agreement between Financial Ombudsman and banks? It would be nice to know if any others are at a similar position and whether there's been any precedent set yet.

 

If they do manage to get this case stayed, will I have wasted my time on the court bundle and have to do it again at the relevant time, or will this one suffice for whenever the legal process starts again?

 

Shedb

[slick132]

Sheddy,

 

I wanted to see what occurs when your bundle goes in and the answer is

 

- there's a month for bank/you to negotiate

- if no settlement agreed, bank has to file full defence in 14 days including disclosure of their charging regime.

-bank has to also submit draft directions for how they can progress case.

 

Filed = sent into Court; Served = sent to Defendant.

 

We have seen a similar case, I believe from your Court, come in a couple of weeks back. You are further down the line - the trailblazer, as such.

 

IF the BANKERS wangle a Stay, your time and effort will NOT be wasted and your Bundle should serve you well when cases sart moving again.

[Shedbuilder]

Hi Slick,

Really? I'm amazed. I thought there must be several other similar cases going on.

Not sure I like the idea of being a trailblazer.

Still, Dunkirk spirit and all that!

Bundle posted to bank today (next day signed for), court copy will be hand delivered tomorrow.

 

Shedb

[slick132]

Hi Sheddy,

 

There may well be others but I'M only aware of one case here in Barclays.

 

Flie and Serve - and then you wait.............................

 

Slick

[Shedbuilder]

OK, filed, served and waiting!

 

Shedb

[saintly_1]

Not much more you can do for now shed ........ except maybe get yourself a stiff drink ;-)

[Shedbuilder]

Oh blimey, not sure I can make a stiff drink last that long!

Shedb

[saintly_1]

Did i say have just the 1 tho ?

[Shedbuilder]

I dunno - what do you take me for?

[Shedbuilder]

Hi Slick, Saint,

Haven't heard a dicky-bird from anyone as yet. 14 days to go 'til deadline for the bank & I to settle before they'd have to either have it stayed or start preparing a schedule in response to mine. Any suggestions?

All the best

 

Shedb

[slick132]

Hi Sheddy,

 

I'd wait until the last week of the negotiation period, then print out an updated SOC including new s.69 interest figure. Write on the court fees you've paid to give a current total and fax to Barclays Litigation Team (BLT). Try

 

Kate Ashton Tel 0207 116 4664

Fax 01452 638 430

Email [email protected]

 

Remove any space that this site puts in the email addy.

 

Send fax to Kate and ask if they'd like to settle your claim to avoid troubling the court further.

 

Is yours business claim (Save me going back through)

[Shedbuilder]

Hi Slick,

No, it's not a business claim, it's private.

Does that make a difference?

 

Shedb

[slick132]

Hi Sheddy,

 

Yes, in theory, business claims should NOT be stayed (although some are).

 

When we saw your Directions back in early October, they looked very good. However, since then, precedents have been set in higher courts which now may it look like even YOUR judge may have to allow a stay if Barclays put the right arguments forward.

 

As said before, however, your work will not be in vain - you may just have to wait longer for your Justice ( and earn good interest in the meantime).

 

Let us know how Kate responds.

 

Slick

[Shedbuilder]

Hi Slick,

What are the details of the precedents set? If they're going to get it stayed, shouldn't somebody (i.e. bank or court) be telling me something?

In the absence of any other info and in a normal situation, surely the court's word has to be adhered to?

What's the time-scale in which Barclays need to make their argument to have the case stayed?

 

Shedb

[Shedbuilder]

And another thing. If they can get it stayed (presumably at any time up until the end of the negotiation period), wouldn't I be better off not contacting them next week, as I would only be alerting them to the approaching deadline?

Presumably, if they miss that date they would then have to file their schedule or pay up?

 

Shedb

[slick132]

Hi Sheddy,

 

Judges are tending to apply stays or to refuse to lift them when asked by claimants because of decisions recently made in higher courts. If claimants were to appeal these stays, they would not have the protection of small claims court and could be exposed to large legal costs.

 

Bank can only ASK for your case to be stayed - then it is down to your judge.

 

Bank SHOULD have applied for stay long ago but, as I said on last page, getting the stay will be all they are looking to do when you go into court next. It's up to you to ask Judge to adhere to his Directions and to not allow bank request for a Stay way past Judges deadline.

 

If Stay is granted anyway, you can still ask for Defence to be struck out as they will fail to file their court bundle on time and will therefore have no evidence on which to rely for defence.

 

You DO have to contact them to show you've attemted to settle by negotiation. You DON'T have to draw their attention to the Judges precise Directions.

 

Like I said, 5 weeks ago, your case looked very good but recent events have changed this somewhat. Send fax or email and see what comes back - that's what I'd do anyway.

 

Slick

[Shedbuilder]

Hi Slick,

OK, thanks for advice.

I'll get in touch with them during the course of next week and see what transpires.

I'll let you know.

 

Thanks again

 

Shedb

[Shedbuilder]

Slick,

Received a letter from bank this morning, sent to the Court Manager copied to me, asking for the claim to be stayed pending the ultimate determination of the test case between OFT and the Banks.

Do I do anything now?

Presumably, I no longer contact the BLT next week?

Do I write to the court stating that they've missed the Judge's deadline for staying the case?

Whaddya reckon?

 

Shedb

[slick132]

Hey Sheddy,

 

Write to Court Mgr to confirm you've rec'd copy letter of banks appl'n for stay to which you wish to strongly object.

 

Judges Directions made very clear the deadlines for stay appl'n to be made by either party, which bank chose to ignore.

 

Contact bank to negotiate settlement as suggested in post #90 above but DO NOT mention banks stay app'n.

[Shedbuilder]

Hi Slick,

What if BLT brings up the subject of the stay application? Do I just lose the power of speech, or start mumbling & slurring?

Shedb

[saintly_1]

Tell a little white lie ........ you havent received any notification ..... *shrugs*