Bow County Court 7 Aug V Barclays

[littlebea]

Hi all

 

i am on a DMP with CCCS and barclays are one of my creditors. i am at thhe stage where i have the AQ good to go this week, however today i get a letter to the effect ....

 

sorry u feel the chharges are unfair etc etc

 

i note there is an outstanding debt in your name for the amount of £518. taking this into account despite my comments above in relation to your views, on this occasion, and without any admission of liability, i am willing to offer the sum of £518 in full and final settlement of your claim, this sum to be used to repay your debt. this is with cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill.

 

upon repayment of the debt, we will lodge a notice of satisfaction with thhe relevant credit reference agency, but do not intend to make any amendments to the existing record (WHAT DOES THAT MEAN?)

 

Now, the total i owe them across 2 accounts in my DMP is around £1500. my claim is for £1000 and i had hoped to get the money and make a full and final settlement to all my creditors with it!

 

what do i do now and do i still fill in my AQ? do i note this on the AQ?

 

any help appreciated as i was gonna file the AQ in court tomorrow as my deadline is Monday

[dar£n]

It means they are trying to bully you, they think because you owe them they can take advantage of it.

Yeh of course they will notify the credit reference agency, they would have to anyway, but they are saying they will leave the default on your record.

 

Dont give in to them, carry on to recover the full amount of your claim.

[littlebea]

so i dont have to acnowledge the letter or inform the court or anything?

[dar£n]

Send a letter of rejection informing them that you are going to continue.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[littlebea]

Hi to anyone attending on the above date. i have just spoken to Barclays who say they will be sending a barrister to court to ask that the cases are stayed pending outcome of the high court test case so near...... so far

[saka]

hi littlebea, my case is also pending with Bow County Court, but I haven't got a court date yet. How long did you have to wait for a court date after sending off the allocation questionnaire? I will keep you informed about my case and Barclays' reaction....

[mikejames1]

shame isn't it

 

I started my claim over a year back

 

was given the date of 13th august over 3 months ago so i've been waiting patiently for ages now & then suddenly the test case comes in a couple of weeks before getting it all sorted

[littlebea]

hi saka, it was at least 3 weeks i had to wait and then i rang the court to get the date in the end! i am just hoping my judge sees this latest tactic by the banks for what it is, i am confident of getting the money back eventaully just maddening that i was one week away and this cropped up

[saka]

Well, yes it is annoying having to wait that long to get our money back - I started my case in January. On the other hand, as long as I DO get the full amount back, I am happy to wait a bit longer. I think I'd always have regretted it if I had accepted the part-offer for settlement of 65 %. No thanks.

[littlebea]

Help!

 

i am at court on tues V Barclays (BOW COUNTY COURT) i have already spoken to their litigation team who say they are sending a barrister to request a stay i am so mad, i have submitted my court bundle and everything to deadline and i havent recieved theirs yet.

 

what should i be saying in court? they have thrown me off track a bit now!

 

any advice appreciated

[liztish01]

Hi

 

I am in exactly the same position as you...

 

I am in court on monday and have not recieved any thying form barclays. I have seen that you can apply for there defence to be thrown out as there ahve not complied with the rules but i'm not sure how this stands for us now that ther are going to aplly for a stall.

 

Have you found out anything else?

 

I will keep you informed if i do...

[littlebea]

i heard that too but am also not too sure!

[MoneyKing]

Hi

 

Yes you can try to firstly to get their case struck out for no compliance. If that fails, then you can try to have their application for a stay struck out.

 

You can ask the judge on the day for both.

 

There is a template for trying to stop the stay in this forum:-

 

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

You can include the top template in your bundle, there is no gaurantee either will work, but give it a go!

[liztish01]

Thanks for your reply,

 

Will give this a go!!

[littlebea]

oh my god!!

 

i am just putting together MY copy of the court bundle and i cant find the original statements anywhere i must have sent them either to barclays or the bloody judge!

 

doh! everyone there will have a complete court bundle except for me!!!

[littlebea]

:o :o :o

 

oh god its way tooo hot today to be going thru this!

[littlebea]

bump! help!

[saintly_1]

Have you not got a copy of the statements ?

[Bookworm]

Help with what? #4 gave you the information, and we can't help you finding your bundle! :-?

[littlebea]

no i was rushing about doing all the photocopying for the bundles at work and trying not to get caught so i only done 2! i must have got them all mixed up and copie one set of statements to barclays and the original to the court cos i sure as hell dont have the statements now!

 

Plus i have not included a statemetn in the court bundles i didnt realise what it meant until yesterday! so .... will they throw my cse out cos i havent supplied the actual statemetn of evidence and do i actually neeeeed my bank statements tomoroow?

[Bookworm]

I see. Well, you could phone the court and ask nicely if they could check whether your original documents are by any chance in the bundle you submitted to the courts.

 

The statement of evidence part, well, you can do one now, take it to the court and respectfully request that it be added to your evidence, and the judge can then decide to accept it or not. Bear in mind that if you didn't turn up, though, the judge would have to discard it regardless (CPR 27.9, I think).

 

The fact you don't have the originals would only be a major issue if there was an argument about the validity of the documents, which I don't think there would be.

 

You need to concentrate on the argument about not getting the claim stayed though. Don't let your muddle about your bundle get in the way of dealing with that part.

[littlebea]

thanks guys feel loads better now!

[smutley]

good luck for tomorrow xxx

[littlebea]

Ok blow by blow account of court today for those that are insterested, for those who just want the nitty gritty - barclays turned up and their stay was granted....

 

 

my hearing was at 10am so i arrived at 9.30am in good time, checked in with the usher - he said there was no Barclays rep as yet. i checked the listings, could see a few other cases V barclays plus natwest cases too. (I was the blonde in the jeans and blue tracky top nice and casual in case anyone seen me!). i sat down and considered my position - i felt prepared as their Litigaton Team had already told me theyd be sending a barrister and asking for a stay - no probs i thought i have my letter from this site to oppose the stay but before i even get to that i will be asking to have it struck out die to me and court not recieving their court bundle. I also have my witness statemetn which i prepared yesterday as i forgot to do it with the court bundle (even tho i still aint sure if i printed the right thing)

 

by 11am i was getting restless and asked the usher if barclays are here yet and she said no. Oh good i thought another option

 

i eventually get called through to the judge so its just me and him and no barclays..... wrong! they sneak in behind me and the judge says 'oh this changes things ' i realise this pair have been sat right behind me in the waiting room the past hour without introducing themselves.

 

the barclays guy sits down right beside me

 

i proceed and say i want it struck out due to non compliance of court bundle. judge says hold on wait your turn (oops i think and i shut up) he does pont out that he has all my docs but nothing from bank, not even a letter to say their turning up today or requesting a stay or anything and he seemed most cross about this and referred to it constantly during the whole half hour ordeal, however he does not strike it out on this basis. they also had the cheek to say they hadnt recieved mine!

 

barclays guy then starts with his defence and said something like for the unfair terms act (i think) to apply the charges must have been applied as a penalty or cos of a breach of contract (i think)which they were not (i thought they were)

 

judge then said my case is about unfair charges and i agreed.

 

they then asked to apply the stay i said i will be opposing that. judge says fine on what grounds (by now i was way too worried to hand out the letter) so i said there is a documeneted history of Barclays settling on the steps of the court and that they have done everything they can to frustrate this process from the start and this is another fine example.

 

barlcays guy said it should be stayed cos the OFT case will clarify matterrs as there is a lot of articles and forums on the net which outline different outcomes to these cases(cheek)

 

all in all the judge was very supportive of me and while i didnt feel he was necessarily on the banks side they were able to withold the court bundle without consequence and to get the stay applied and to refuse me any costs. The judge said i could claim travel and a days wages however this got into a petty argument with barclays and nothing was resolved and i had given up then as it was clear where this was headed.

 

i felt so calm this morning and alternated from that to frozen fear to sheer dissapointmnet and to rage also as the money would have resolved my debt issues this year, and i could of got on the housing ladder next year so i am ****ed off bigtime.

 

judge granted the stay on the gorunds that if he found in my favour and then the high court went barclays ways there would be too many appeals in the future. he ordered that the case is stayed till next jan i think it was and although Mr BArclys presented a pre-prepared order to the judge he added 4 condiditons (type when i receive the copy() one of which was that if they dont submit their docs by 28 days before the high court hearing i think i can submit judgement or something like that.

 

ha ha and as i was walking out he tried to push more papers the judges way regarding the other cases and i just hear the judge say 'im not considering a blanket approach to these cases' so maybe somebody after me got lucky but i personally dont feel lucky i feel mad!!!

 

hope this helps some of you who have court dates coming up.

 

this was in Bow by the way

[slick132]

Well done Bea - you must feel like you've been through a shredder.

 

Let's see the Directions when you get them from Court.

 

It'll be important to see what the Judge says about B's bundle being submitted.

 

Funny how B's reps constantly complain that nobody ever gets the bundles or other papers being sent in.

 

Godd luck, Slick