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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
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    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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At Court Today At 2pm Help !!!!!!!!!


mitsy
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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.:mad:

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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.

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

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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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

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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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

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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!)

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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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

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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.

 

:D YOU WILL BE FINE! :D

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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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.

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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 :mad:

 

 

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:

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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

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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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

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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

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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