Elise II v Barclays

[elise II]

I have just had notification from the court that an Allocation hearing (Telephone Hearing) will take place next month. They say that it is unsuitable for Small Claims Track and is proposing to allocate to the Fast Track How does this work and is this a 'good' thing.

[dar£n]

Hi, you seem to have spread your story over various threads not belonging to you, this makes it very difficult to follow your claim.

 

You need to stick to this one with details from the beginning, telling us what you have and have not done.

 

it seems strange that they want to put a claim that is only for £1500 + /- into the fast track.

 

tell us more.

[elise II]

Sorry I have been picking bits from various threads and didn't really understand how the process works. I will stick here in future.

 

I am claiming £1,455.00 for charges between 2001 and 2006. I first wrote to Barclays in Sept 2006 stating that the charges were unfair and asking for a full refund. They gave the standard reply in October and offered £500 as a gesture of goodwill, which I declined by letter and also informing them that I would be claiming through Small Claims Court if I had no reply, this was at beginning December. I heard nothing so at end January 2007 I wrote to request a complete statement of bank charges. Still nothing, so on 14 Feb (no significance) rang customer services who were quite helpful and then received a fat pile of photocopies of all my old bank statements. Sent claim form to court in March. Barclays filed defence on 17 April. Received defence on 9 may and sent off Allocation Questionnaire plus order for directions taken from this site. and that is the story so far now that i have this allocation (telephone) hearing.

 

I'm not sure whether it is to arrange allocation or if this is the hearing. I think it is to get agreement for fast track. Please help.

thanks

[johnnymitch]

The local court did that with me Dar3n, for under £1000. The judge said 'lets have a telephone hearing and the bank has to set it up.' . Well, that was a great move, they would not go to the bother/expense of setting up a dedicated line. So they settled in quick time.

 

Also if it's fast track, full disclosure is involved as a matter of course and they won't go down that road either, so I think Elise II is possibly one of the lucky ones here - just watch they don't try for a stay - but unlikely to get it if the judge is on the ball, as he/she seems to be.

 

PS I would say this is probably the actual hearing, Elise II - the AQ has already been done.

[elise II]

thanks for that johnnymitch. Fingers crossed then. I'll keep you updated.

[elise II]

My telephone hearing was set for today. I have not heard from the bank (represented party). When I phoned the county court they say we must now wait for the test case to go through - sometine in February.

 

Very frustrating. Is there nothing we can do.

 

THe bank is not bothered, they are sitting on the money - cash is king.

 

I am tempted to open other accounts and transfer the business leaving O/D for amount of claim + extras and let it lie.

 

Any help appreciated.

[johnnymitch]

Hi Elise,

 

This is really bloody awful, but this is what seems to be happening now, in most cases.

 

However, as a matter of courtesy the court should have notified you that the case was stayed, because you have a right to apply for removal of stay, and it would have given you time to prepare. I wonder if it's worthwhile putting the court on the spot and asking 'why they didn't let you know and have you the right to apply for lifting of the stay' - You have , but they should have told you so.

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

Have a look at the 'Stickys' above the threads, there's loads of info about stays on them.....................

 

Sadly, the courts seem to playing in favour of the banks at the moment........we can only hope the banks get their comeuppance at the 'Test Case'

 

Sorry I can't be more optimistic, but very few cases are going ahead just now.

 

PS If you're around Dar3n have you anything to add to help elise please?

[johnnymitch]

Ref the second part elise about moving your account - they may then try to get the O/D back in a lump - not sure if it's wise............

[elise II]

thanks johnnymitch.

I'll go down the N244 route and see what happens.

[johnnymitch]

thanks johnnymitch.

I'll go down the N244 route and see what happens.

 

 

You're welcome elise - let's know how you get on............

[slick132]

Hi Elise,

 

Quote:-

 

" My telephone hearing was set for today. I have not heard from the bank (represented party). When I phoned the county court they say we must now wait for the test case to go through - sometine in February. "

 

Was court official advising you about your specific case or about cases in general.

 

It's not good enough that you were ready and waiting in for phone conf'ce which didn't happen. You should contact Court Manager to see if bank just failed to set up phone conf'ce or if case has been stayed but no one bothered to let you know.

 

Having said that (ranting and raving), if the case is now stayed, there's probably nothing you can do to change it.

 

Like JM said, it's so *******!! annoying.

 

Slick

[johnnymitch]

You should have been given a date that the stay was applied , because you have 7 days from that date to submit an application to remove it.

 

If the court have not specfically notified you that your case was stayed then it would appear to me that maybe you should have turned up. If DG turned up (not having applied for a stay) then it would look like non-attendance by you, and could result in a strike out - I think we need more info, Elise, there's all sorts of permutations rolling around here:

 

1. Who at court told you it had been stayed?

2. Did they say you'd been sent a letter notifying you of a stay?

3. What happened at court on the day - was it just abandoned? Or was it formally stayed and can you still apply to have it removed?

[johnnymitch]

Hello Elise ,

 

Are you still on the case? Let's know what's happening if you can.........

[elise II]

I have now received a General Form of Judgment or Order stating:

It is ordered that

1. The claim be stayed pending the outcome of the test case in the high court.

2. Neither Party has permission to apply for the removal of the stay until the case in the high court has been heard or determined.

3. Any hearing listed to be vacated.

 

I am 'slightly' agrieved as the decision was not made until the date of the original hearing. Of course I am still liable to pay charges if I exceed my limit in spite of the previous charges being the main cause of the problem. Can I apply to have any further charges stopped and prevent to bank closing accounts or filing adverse credit reports etc.

[slick132]

Hi Elise,

 

I'm afraid the chance of getting an injunction against bank to stop further charges is very poor. The judge has already denied any appeal against the Stay.

 

Have a look in the Stays forum ( in the Stickies at top of Bank Forum) for more info.

 

Further chgs will have to be reclaimed from bank by another claim unless this is decided in OFT case.