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L . Wallace V Barclays Bank Result is :-


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The result of my hard work over the last 9 months was as follows:

Barclays soliiciter turned up for the hearing result Barclays won a STAY until the test case result is known. it is my belife that this decition had been made before i enterd the room, however i put my side accross very forcefully but politely and at times the barclays soliciter could not find anything to say and at one point had to phone for fufther advice in summry i think i had a good case to continue but the judges mind was already made up..

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Hi lee

I am sure you are right that there are sadly many judges who welcome the 'get out' clause of the Stay guidelines they have been offered.

There can be no denying that the county courts have been severely overloaded as a result of the bank charge culture and I can appreciate how detrimental this has been regards arduous workloads for the county court staff.

HOWEVER, my belief is that justice is for all and the county courts Small Claims route is there as a Servant of the people; it is supposed to ensure that in the UK, an individual with no great legal knowledge but who presents a reasonable case of dispute, has access to speedy resolution via the judicial system. I find this off loading of cases under the intolerably long Stay (in fact one with no time frame) is fundamentally wrong and severely destroys not only the objective of a Small Claims court, but the faith of the citizen.

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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100% agreement with you Cakes.

 

The system has been drained by these cases, and the courts see it as a way to offload and regroup.

 

I don't deny that in the most part the judges have been behind us - and by reading these forums - many have found kicking barristers about highly entertaining! (as have we!)

 

The thing is to remain strong - which I know is easy to say when you have !!!WON!!! at the bottom! But I honestly believe we will win.

 

Please stick with it

Please take heart from what you read

Please reclaim the right (find the ways in, and take them!)

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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As my OH loves to say whenever things get tough:

 

"We don't have problems, only solutions"

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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Hi LWAllace.

 

this is exactly what happened to me V Barclays on Tues. I felt like i fought a good fight though! i was upset though as i had needed the money but hell i will have to wait too! unless i appeal but still chewing that one over....:|

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Thanks everyone the problem i had is that barclays at no time put any effot into resolveing the issue also the court says that all paperwork should be exchanged 2 weeks in advance, they made no effort to send any paper work, however i sent all paperwork, their soliciter denied they had recived it so i showed the judge a proof of posting (Special Delivery)

he looked at it but did not say alot, so in effect barclays got away without sending paper work. but to be honist the case was more about wether it should be stayed or not, Anyway more inportantly i have recived a letter yesterday send on the court day 10/08/2007, and stated that the goodwill offer made to me would still stand but they made no goodwill offer so i am a bit confused about that.

 

court was :- Milton Keynes County Court

Judge was :- District judge Tetlow

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