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OH dear oh dear oh dear, HELP!!! Saintly!!!


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Hi all,


I have a pre-trial review on Monday. Paul Quinn is dealing with my case. Just phoned him tonight but no answer. Spoke to Greg Thomas instead and he said that Barclays will be attending court and will be requesting a Stay pending the outcome of the OFT test case. GREAT!


HOWEVER... (here goes the bad points, should i give up now?)


1) I HAVE FOUND OUT TODAY I CANNOT ATTEND COURT ON MONDAY!!! I've been called away on work and won't be back in time! WHAT DO I DO?


... I have my POC (from the new thread by ??? (sorry)) and my SOC. I was thinking of faxing them to the court with an apology . This way they have a more detailed POC (than the MCOL one) and i have provided an explanation. Albeit a rather pathetic one.


2) Will Barclays attend?


3) Greg said that if a stay is granted, it oculd be until 2008 that the hearing is finished!


Basically.... what should i do now? If i don't turn up on Monday the judge is most likely to throw my case out correct?


PLEASE ANYONE, any advice!!!



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How much notice did they give you for the trial.


you will probably find you can actually inform them that you are unable to attend due to your reasons........



If I do not attend the hearing of the claim and I lose, is there anything I can do about it?


If you were neither present nor represented at the hearing, you may apply for judgment made at that hearing to be set aside and the claim re-heard. You must make the application not more than 14 days after receiving the judgment. Ask the court for a Form N244 (PDF 163kb) (application notice). The court will tell you when must come to for hearing of application before a judge.

The judge will only grant an application for judgment to be set aside if:

  • you had a good reason for either (i) not attending or being represented at the hearing or (ii) not giving written notice to the court; and
  • you have a reasonable prospect of being successful at a re-hearing.

If your application is successful and judgment is set aside, the court will fix a new hearing for the claim. In a straightforward claim the judge may decide to deal with the case immediately after the hearing of the application.


What if the hearing date is inconvenient?


What you can do depends on whether or not you wish to attend the hearing. If, for example, you wish to attend but for some good reason you cannot make the date given, you can apply to the judge for a later date to be set. You may have to pay a fee for your application. For further information you should read the information on court fees.

If you do not wish to attend for some other reason, for example, if the travel costs of getting to the hearing are high, you can ask the court to deal with the claim in your absence. In this case, you must write a letter to the court and send a copy to the defendant. Your letter should contain your claim number and the date of the hearing, explain that you will not be attending, and give the reasons why. You should also request the court to decide the claim in your absence using any written evidence you have provided for the court and sent to the defendant. The letter must arrive at the court no later than seven days before the hearing date. The letter will ensure that the judge takes into account any written evidence you have sent to the court and the defendant.





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

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Honest answer... I doing this for a friend! We've known for ages, but i was unaware he is actually on holiday until Monday afternoon! I am starting a work placement in London on Monday so i cannot make it either!


I thought he would have been going, found out last week he would be here but was (stupidly) expecting Barclays to settle before then!


Guess, other than applying for it to be set aside (with a very weak reason) there is not much i can do!


Thanks for the help anyways D - what would you lot do?

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I would personally have a go at getting it set aside on grounds of short notice work placement which, if not taken, will likely in withdrawal of job opportunity.


Explain that attending the placement (which is outside of district) is mandatory. Play on the fact that you hope the judge will appreciate that securing gainful employment must remain your priority as you do not currently enjoy a level of financial security that allows you to dismiss any employment opportunity.


It's a hit and miss and will entirely depend on the disposition of the judge.


Hopefully someone else will come up with something a bit meatier.

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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Yes Barclays have clammed up. It appears we are all in the same boat ie without the paddle of experiences shared to steer along our individual paths.. no one has been here and so we're all p**sed off.


I had Mr Quinn promising an email from Monday onwards, my court date is 8th august but I am away from tomorrow,emma thompson re-iterated Quinns promise when it was only her who would pick up the phone.


I'm gutted!!!!!!!!!! So I rang customer relations who have honoured my initial settlement figure (SORRY DAR£IN TO CONTRADICT YOU WHEN YOU SAID " They will NOT honour their offer if you intend to continue! in a nother thread) because they have (it was for 1495 against a claim of 1605). I lose interest and £120 court costs but i am confident of claiming that back from MCOL.


I have also rung the court who have no directions to halt existing hearings, Barc lays have not filed bundle and I have so i will cancel previous settlement on Tuesday after weighing up court update with the 1495 to fall back on...think everyone and weigh it up based on your own circs.


im still in the running and lets face it who even thought about 8 or 37% interest, we just wanted the dosh back....ps DAR£in no offence mate your contributions have been inspirational but we would all do well to not get carried away with the tide if success on here previously and think of ourselves..and I should know I ve been victim of the cant lose school of thought myself!

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