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Barclays Refused Stay - We Won Today! 07/08/07


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PHEW. I was soooo nervous and anxious I've stripped a whole room of wallpaper whilst my other half took all the papers I've prepared for him (I've done the admin for his claim as I previoyusly won First direct and so will be shortly handing him my legal invoice haha)

 

Just had case heard at city of london court. Barclays emailed me this morning to say they wouyldn't settle (i offered to accept claim charges without 8% interest). That they would be attending and applying for a 'stay' (as predicted!!!).

 

My partner went off this morning. There was a young woman there on behalf of Barclays. 3 other people were there to defend themselves in 3 other cases against Barclays.

 

The woman had a chat with all of them (last minute intimidation) - we're applying for a stay, how do you feel about that blah blah.

 

Then we all went into the same room. Woman asked for a stay as said no-one was here for bank charges ??? Judge asked if she'd actually read any of the claimant's info. He also asked her if she had any info pertaining to the 'forth coming case' she was basing her stay on. She didn't and couldn't provide an answer. He asked what everyone thought about the stay and said 'I think we'll proceed shall we?'. She then asked for an ajournment and was granted.

 

She spoke to everyone individually - by the time they got to my other half she said 'I've spoken to the office, they'll settle in full - but your partner go tthe interest wrong' (I was 200 out big deal!!!). He had to sign some confidentiality letter. Oops hope I haven't broken their terms and conditions.

 

This is excellent news to those of you who are anticipating banks applying for a stay at imminent court cases - but must stress - the clerk said upon leaving - you had a good judge. REALLY DO THINK IT'S LUCK OF THE DRAW FOR NOW.

 

yippee - just under 4K.

2K previously received from first direct (upon producing 2nd letter)

£890 outstanding from A&L who have just wrote to us saying they don't have to deal with it. 2nd letter going out today.

 

Good luck everyone - I'm pleased ours is over - PS - if anyone wants the small claims book for cheap - I've only had it for a day and it cost me £17. Will except £10 - free postage via pay pal if anyone interested.

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Well done - if more and more judges continue this route the waiver could get lifted

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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PHEW. I was soooo nervous and anxious I've stripped a whole room of wallpaper whilst my other half took all the papers I've prepared for him (I've done the admin for his claim as I previoyusly won First direct and so will be shortly handing him my legal invoice haha)

 

Just had case heard at city of london court. Barclays emailed me this morning to say they wouyldn't settle (i offered to accept claim charges without 8% interest). That they would be attending and applying for a 'stay' (as predicted!!!).

 

My partner went off this morning. There was a young woman there on behalf of Barclays. 3 other people were there to defend themselves in 3 other cases against Barclays.

 

The woman had a chat with all of them (last minute intimidation) - we're applying for a stay, how do you feel about that blah blah.

 

Then we all went into the same room. Woman asked for a stay as said no-one was here for bank charges ??? Judge asked if she'd actually read any of the claimant's info. He also asked her if she had any info pertaining to the 'forth coming case' she was basing her stay on. She didn't and couldn't provide an answer. He asked what everyone thought about the stay and said 'I think we'll proceed shall we?'. She then asked for an ajournment and was granted.

 

She spoke to everyone individually - by the time they got to my other half she said 'I've spoken to the office, they'll settle in full - but your partner go tthe interest wrong' (I was 200 out big deal!!!). He had to sign some confidentiality letter. Oops hope I haven't broken their terms and conditions.

 

This is excellent news to those of you who are anticipating banks applying for a stay at imminent court cases - but must stress - the clerk said upon leaving - you had a good judge. REALLY DO THINK IT'S LUCK OF THE DRAW FOR NOW.

 

yippee - just under 4K.

2K previously received from first direct (upon producing 2nd letter)

£890 outstanding from A&L who have just wrote to us saying they don't have to deal with it. 2nd letter going out today.

 

Good luck everyone - I'm pleased ours is over - PS - if anyone wants the small claims book for cheap - I've only had it for a day and it cost me £17. Will except £10 - free postage via pay pal if anyone interested.

 

EXELLENT RESULT.....well done, i really mean that, thats one in the eye for Barclays....

TOTALLY debt free as of 2007, Fantastic,

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Congratulations Minsters, that is excellent news. Would you mind advising the name of the judge - was it District Judge Southcombe by any chance? My case is at Clerkenwell Court next week and am dreading getting one of the judges there who I know professionally. It would certainly help to be able to tell the judge that other judges have been refusing stays - they do not want to be seen to be bucking a trend so the more judges we know of who have said no, the better (hope that helps answers Wathorn's question too - better if we can name judges rather than posters!). The point the judge made is a good one - we do not know the exact facts of the case that the OFT are making and so the judges cannot know for certain whether it will be decisive of all the issues in claims which come before them for decision. I would also make all the points in the sticky about opposing the stay too of course

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Perhaps this will lift the cloud thats been hangin round since FSA announcement.

Brilliant News

CONGRATULATIONS :D :D

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Well done. Good to see some judges are seeing through all this. That is their job, after all.

 

Just out of interest, was it City of London Court or Central London Court? I'm due a prelim' hearing at Central London in late September and wonder if it's possibly the same judge, Judge Avent? He was very dismissive of the banks tactics at a previous prelim hearing I had and I hope he's going to look unfavourably on any requests for a stay.

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**Congratulations**

Minster.

\\\\\\At least something's happening at last//////

***

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13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

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Well done - if more and more judges continue this route the waiver could get lifted

 

Exactly Kog, IF

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Outstanding news ministers! I can only hope that other Judges follow suite!!

 

Congrats!

 

r-t-v

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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Congratulations.. .well done. Great result.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Great news and what motivation. Well done minsters, enjoy yourself.

 

Everyone- spread the word to encourage people and let people know about minsters success!!!!!!!!

 

:D

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

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Thankyou Kennythecelt:)

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congratulations on a job well done....it gives us all some confidence.

 

Now we just have to educate all the judges to see these delaying tactics for what they really are.

Maybe we should create a list of all courts that have not gone along with the stays since the OFT announcement with case numbers etc which could be

now quoted in future cases...... just a thought!!

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Fab news

as DS says ... it gives the rest of us the confidence to carry on regardless. And she's got it right ... we do need a list of courts where they're not listening to banks misinformation about stays.

 

Enjoy your money. :)

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WEll done minster, thats a good idea silver, I have already asked this yesterday on 2 threads and one kindly posted the number of their case for reference......

 

Minster we do nto need personal details all we need is the case reference number so that other (myself included) can quote it in their case...

 

Also the oft I am sure asked to be informed of any breaches to the "waiver" NOW THEY STATED no more cases settled till the outcome of the test case........ ARE THEY NOT INFACT BREACHING THIS AGREEMENT?

 

 

WELL DONE MINSTER........ ENJOY :D

rockin all over the world

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Hi all, I've just returned from court. There was 4 cases to be heard, one had settled before the hearing. I went upstairs to find the B's Barrister and found her in one of the consultation rooms chatting with some other smartly dressed business types.

 

I asked for a word and we went into a side room. She told me she did not work for B's but she was a barrister sent from Newcastle, her instructions purely to request a stay further to bla bla!

 

I asked if she had a copy of the Notice of transfer from Northamton to the local court or a copy of the directions order made on 11th July both which order that any 'stay' be requested in so many days of the hearing in writing. She eloquently reminded me that these orders were made before the events of 27th July and it would be up to me & the others to argue against the stay.

 

I then gave her a copy of my court bundle which she had not read or received (surprise surprise) and pointed out a statement I wrote explaining that I had accepted the initial offer on the last of the 56 days in which it was valid...this being 27th July, exhibiting the letter, my signed acknowledgement and file notes of conversations with B's staff on 27th and 30th in which they had not received the letter but recorded my acknowledgement on the pc. (that week they withdrew the offer saying all claims had been frozen). ( I had been holding out for a full settlement with Quinn but had never written to B's rejecting this offer as it had been made AFTER they had received my MCOL).

 

Inside the court the lady requested a stay without any info to back up about OFT and banks etc. The Judge said he knew all about it and referred to an email sent to all judges from Lord Justice Moorbick stating each court should decide and he decided for the good of clarification he would do likewise and stay cases.

 

2 people went before me and (unfortunately) did not argue against the stay (non Cag'ers I suspect).Though I suspect it may not have made any difference, but still wished they had the confidence to try. They left and it was my turn. I started my pre-rehearsed spiel about the directions being clear that app's to stay being made in writing and 1.3 CPR about parties working towards a swift and fair trial and was half way through 6.1 Human Rights. The judge stopped me in my tracks and said I haven't ordered a stay so you cannot start opposing one yet. Sorry sir I said and shut up.

 

He asked the B's lady if she had read my statements and letters/emails about the offer I had had and she said she had not received the bundle, I produced a receipt of service saying it had been served only 2 days before because the Defendant had been so unreasonable as I was about to withdraw case due to the offer being acknowledged during a call on 27th July. he asked why I hadn't withdrawn then and I replied that I was waiting for confirmation that the letter had been received as I did not trust a service centre telling me it would be ok.

 

The judge asked the lady if she was in aposition to defend the case and she said No and pointed to CPR rules Part 36 where small claims cannot deal with offers to settle. (I had a copy of this in my bag as I had thought this might be raised). The judge considered for a minute and said he was refusing the application to stay on the grounds that a contract of compromise of claim had been alleged.

 

The case has been adjourned and relisted for the 1st date available in Sep during which time B's need to file and serve docs relating to initial settlement and the reason for withdrawal. RESULT. Until I see order (had to get back to work) I do not know if this is just a hearing about the validity of the settlement or about the claim case,but either way a recorded adjournment is a result for all of us.

 

The lady said that she was dubious whether B's would pay her to come the 150 or so miles for the return leg. Now I know this result may not directly affect the stay situation generally but it does count for the fact that judges are considering individual cases and are not allowing blanket stays. I wonder what will happen now- and congrats to thiose above who got a full result post 2707!!

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Wow, well done Clubber, good for you. I cannot believe they tried to withdraw that offer, how ridiculous. How are they going to even attempt to provide evidence that they withdrew the offer before you accepted it. The nerve. I am sure you will get your money soon, how awful that you've been forced to go through all that. Disappointing re the other stays as you say - would you mind confirming which court you were in?

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