At Court Today At 2pm Help !!!!!!!!!

[mitsy]

im at court today at 2pm the thing is i haven't got a clue what to say in front of the judge,

i have beeen told that barclays are turning up so i assume they are going for a stay.

should i let barclays speak first ???? i was basically going to say i want the defence struck out due to non compliance (no court bundle) if they do speak first and request a stay can i still speak,:o is the judge called your honer??? im in such a mess at the minute.

if anyone knows what to say please tell me or if there is any thing i can print off and use in court i could really do with this money as it was paying for my dads headstone.

[welshcakes]

Hi Mitsy

 

Normally the Claimant gets addressed first by the judge.

 

Don't talk too quickly, the judge will appreciate you're nervous.

 

I would suggest that

 

You explain about how Barclays confirmed verbally that they were going to settle (have phone call dates and names available to quote). Expalin that this was further intimated by the fact that they did not subsequently serve any papers as per the judge's Order (have it ready to quote from) so you were given the impression that settlement would be reached out of court before today.

 

Take along three copies of the Case against a Stay application http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html just incase Barclays want to buy time. You don't need to read it all out just quote the sub headings as your reasons and hand a copy to the judge.

 

The objective is to persuade the judge that Barclays had, up until last week, specific intention of settling and that you had agreed to it verbally.

 

Good luck sweetie and let us know how you get on.

[mitsy]

thanks welshcakes should i delete the bit about tsb bank???

[welshcakes]

Yep, don't have the alternative wording appropriate for Barclays but if I can find in next 30 mins, I'll PM you

[pjdavies2000]

good luck!

 

Try not to be too nervous - I know that is hard!

 

Do as Welshcakes has said, and state that the defendent failed to supply the papers as per the judges order (you can read this direct from the orders if you want) and that you believed that this meant the bank were going to settle out of court.

 

During phone conversations in the early part of last week, before the OFT announcement, this was suggested to be the case. However I believe that now the bank have been granted certain conditions by the OFT and FSA, they will now be using these as a delaying tactic to further waste both the courts, and my own, time.

 

Take the new appeal to have stay lifted papers (in duplicate) and should the need arise, offer these to the judge and the bank solicitor.

 

Good luck, and don't worry - we know the worst that can happen - and that is only a delay!

 

Peter

[PKea]

I would think there are enough grounds for the defence to be struck out, due to the fact thay Barclays haven't supplied a defence as instructed by the courts.

Therefore youare at a disadvantage, not only because you are a ltigant in person, but you have had no time to prepare for their defence.

 

The court is quite relaxed and the Judge will understand that you have no legal training.

I appeared in court aginst BOTH Barclays and Halifax barristers at the same time, and even these were polite and helpful, and NOT the monsters everyone think they are.

 

Also if no one shows up ask for costs, if you have time to work them out.

 

Good Luck and relax

[pjdavies2000]

this is the new stay removal letter:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html#post1046820

The main thing is really the human rights info at the top, but take it all I suppose!

 

Peter

(willing to be corrected on this!)

[mitsy]

thank you for all the replies, i feel a bit better now,

 

lets just hope that this is a win and it might start to turn thing around again

[kfdh1962]

assuming its a male judge you would address him as sir. The usher will however advise you how to address teh judge.

i was petrified the first time i went to a hearing but it wasnt as bad as i thought it would be.

 

good luck

[welshcakes]

Mitsy,

 

I can guarantee you will walk in filled with butterflies and by the time you get home, you'll be wondering what the hell you were so nervous about!

 

Have a wee before you go in, listen to the judge, don't talk too qquickly or rant on ... that's a hard one as we all get tongue tied first time.

 

YOU WILL BE FINE!

[puggtiracer]

I've been to county court before on an eviction matter and you'll find the judge will be a nice bloke normally.

 

I also found they are often on the side of the 'little' person as opposed to the company/agency etc

[PKea]

Remeber to come and tell us all how its goes.

 

Plenty of good advice from all has been given

 

and do as welsh says above in post 10 and it will be fine.

 

Even the banks baristers in my case were nice and helpful and chatty,

 

If there is any thing you dont understand, just ask.. The Judge wont expect you to know legal jargon.

[mitsy]

well i back from court, barclays barrister gave me a oft bundle and i past her the letter to lift a stay she looked really shocked then asked the judge for 5 minutes while she phoned barclays, when she came back she said that the bit about closing a bank account would not apply to etc, it all looked to be going my way right till the end she did not have a court bundle from barclays she had nothing to go on, i went for a verbal agreement that they said they would pay out, my human rights, hardship that the bank closed my account and was taking my benifits, that i was getting letters of debt collectors, i tried every possible angle, the judge seemed 99.9 percent on my side all she was saying is that it would be a brave judge to pass judgment my way, i was in there over 45 minutes doing all the talking i thiught i had it in the bag then he ordered a stay

 

 

after he was really impressed with the information i submitted to the court and told me i should do a law degree, i reminded him that im on job seekers allowance and degree's cost money, which i have not got now:mad:

[pjdavies2000]

I am sorry for you.

 

It seems you put up a grand fight, and great to hear you brought the big boys down to their knees.

 

What did the judge say about Barclays not producing a pack for court?

 

It's good to see the judges are basically on our sides, but are having their hands tied from 'above'.

 

Again, very sorry - but a Stay is not a loss, it is a postponment, and at some point that will be lifted.

 

Keep your chin up, and if you have any energy (and think you have anythign to claim) you could start taking them to court, as (well as of now anyway) they don't come under this test case.

 

Peter

[GuidoT]

Sounds like you did well, but it did not go your way.

 

Please advise which court.

[mitsy]

hi the judge asked the barrister is she had any information regarding this case, she said no, at that point i advised the judge to have the defence struck out due to non compliance, he didnt reply just brushed it aside.

 

it was sunderland county court

[pjdavies2000]

Well I suppose if they weren't going to even bother relying on anything, then they wouldn't have bothered sending anything in either!

 

Hmmm - dodgy ground that if you ask me!

 

But not helping you at the moment - sorry Mitsy.

 

Peter