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SarahApples vs Barclays 16.8.07 - **WON IN COURT**


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Hi,

I have a court hearing this Thursday morning ( despite Barclays sending me a letter inferring that the case had been stayed!)

 

I have fluffed up and not done a bundle. However spoke to the Courts this morning ( very friendly and helpful) saying if I get the bundle in today they won't state the date it was submitted.

 

I am struggling with info overload / and a lot of abbreviations... what exactly is my bundle? As I understand it...

 

  • Copies of my statements containing the charges.
  • A run down of the interest I have applied to them.
  • Copies of letters to and from Barclays to myself.
  • Mydefence as I sent to MCOL, why I don't believe the charges to be fair,
  • terms & condidtions from the time I opened my account?
  • and cover it all with a clear table of contents.

send copy to court, to barclays & keep one myself for thursday.

 

sorry if am asking obvious questions, must say I didn't think I would find myself so nervous about appearing court ( even if it is just a room with coupla people in it!)

 

Sarah

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Thanks for court info on other thread Sarah. Good news that court staff are helpful re bundle. I bet they will turn up and argue for a stay first so do print off the stuff from the thread called 'stays-info and guidance' and try to be familiar with that and when you are asked what you say about a stay, go through arguments as best you can. I am going to say that as I was so near to final hearing, it would be unjust to make me wait when bank have applied only 2 clear days before the hearing. No excuse on their part for leaving it so late. It's rubbish that we actually have to go (they have written three letters trying to persuade me to agree and threatening to ask for costs if I lose - I told them that was ridiculous, I have every right to oppose it) but I will let you know how I get on tomorrow! Am bricking it already

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JuicyD - don't fret too much ( easily said) these things are nerve making coz they are a bit of the unknown. But it's just a room, we don't have to be word perfect and we don't have to behave likwe're in A Few Good Men movie... ( or is it just me that has these worries!) :o)

 

Sending you good luck vibes tomorrow - if you do for me on Thursday!

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SarahApples...i have a confession....i am actually a solicitor (yes, there are solicitors who are cr*p with money and broke all the time! well, getting better). I don't do banking work but I have appeared before a few county court judges in my time though I often have a barrister! The fact that this is my My Claim and My Cash at stake makes it totally different though to going on a client's behalf - hence I am nervous as a) I really want my hearing to go ahead because I am so cross about my bank's behaviour, they have been so snotty and now are getting the advantage of the waiver while we get nothing and b) am even more afraid of looking an idiot than people who have never done it before as I should know what I'm doing! so my cash and my professional pride are at stake! Will update you after the hearing and will be rooting for you on Thursday big time!

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Thanks for your honesty and for making me smile! Good Luck tomorrow.... it'll go quickly and you could be quids up this time tomorrow!

Sarah Apples

 

ps I've already received £745 from Barclays previously and £3000 from Lloyds just last week ( non reached court) It feels Sooooo good when you get the money back in your account! All worth it in the end!:rolleyes:

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oh wow congratulations!! that's brilliant. I am still in my office, sweating over my arguments against the Stay, when I thought I would be preparing my main arguments! It is very handy to be able to refer to Minster's thread from last week where a stay was refused at City of London County Court, should be useful for you too to refer to and obviously if i get mine you can give them all the details of that too. :) my claim is for £2.5k which I would love to get in my account!

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Juicyd - Good luck for later today.

 

SarahApples -Good luck to you for Thursday.

 

Let us know how you get on, Slick

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Thanks slickwilly132 for your support - all helps!

 

juicyd - how you doing - you back yet? - sending out good luck vibes!:)

 

Just been on the phone to Barclays Litigation team - very helpful girl speaking from Canary Wharf - Barclays are sending someone to apply for a stay at my hearing in North Shields County Court tomorrow.

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Hi Sarah..I won! The application for a stay was dismissed so the hearing went ahead on my claim and the Defence was struck out for being a bare denial. (i did not mention that i had complained to the court about that after it was filed but received no answer!). have done a thread in general section advising that the judge said stays are not automatic in claims which were listed to be heard before the test case was announced, which I'm guessing applies to you. So, good sign for you and something to stress tomorrow - your claim very near to being heard so unfair to you in particular to stay at this late stage. There were a couple of Barclays claimants at the Court and solicitors there to ask for stays but there was one girl who had not had anyone turn up to actually ask for the stay. I told her judge is on side, go in and ask for judgment! Hope she got it. My joy is tinged with disappointment because i amended my claim and asked bank to agree - they only told me on Monday that they wouldn't so it was too late to apply formally. I asked the judge to amend it and he said he would adjourn the hearing so I could make the application and give notice to the bank. I thought I would take the money for now! (this is totally my fault for being foolish enough to think they would agree). I have since written to the bank's solicitors saying i will take a discount on the money i didn't get (£900), if they pay it now. Otherwise i will issue a new claim and they will have to put in a proper defence before they can ask for a stay. If they don't put in a proper defence, i will ask for it to be struck out ! I was nervous but the bank's agent was a bit of a muppet so that helped me calm down. I'm sure you will be fine and do a great job tomorrow. Can't wait to hear!

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ps sorry forgot to say thanks for the good vibes, which definitely reached the judge and me!! if not the bank's sol. hilarious, she asked for permission to appeal, he said on what grounds and she said 'you have directed yourself to the wrong issues' which actually made me gasp, I have never heard anyone insult a judge before! hahaha he told her where to get off.

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CONGRATULATIONS!!

 

Brilliant bit of news - well done - and especially nice that the muppet bank rep shot themselves in the foot insulting the Judge! ( mental note :i must not do that tomorrow!)

 

Sorry this isn't quite the end of things for you - but I hope you still have the words ' You Win' ringing in your ears!

 

I'm going to go now ,write up my reasons for not accepting a stay on procedings... If I wasn't so nervous I would be quite looking forward and interested to see how things go tomorrow! :o)

 

Thanks so much for all the info and details you've posted, it all helped enormously! I shall quote your case is needed tomorrow!

 

Caiox

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Hi -

 

This forum becoming a bit of a godsend right now!

 

I have court hearing tomorrow against Barclays (North Shields County Court)

Been reading others experiences....

 

Due to my dropping the ball/not clear instructions - I only gave the court my 'bundle' today and Barclays haven't got theirs. ( I rang them this morning and they seemed to think this didn't matter)

 

However I have not received ANY paperwork from Barclays, not heard from them at all since I received the paperwork via the court that they were Defending..... does this mean they are in the wrong? ( I know I am too) but if ring them would they settle ??

 

Sorry if this is barking up the wrong tree?

Please help oh wise ones who know whats what!

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Am itching to ring Barclays and ask why I haven't received my bundle or indeed any paperwork from them selves as required by the court- to see if they will settle over phone! Please someone - tell me - is this unlikely?!

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Am itching to ring Barclays and ask why I haven't received my bundle or indeed any paperwork from them selves as required by the court- to see if they will settle over phone! Please someone - tell me - is this unlikely?!

 

Hi Sarah..I submitted my claim against Bs on 06 June, still havent received anything from either court or Bs.

Please hold off from ringing them, perhaps untill a site helper has read your thread (they are very good you know) and adviced on next step.

Good luck with court. Its a bit of a lottery as to what to expect at the moment.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi Sarah..I submitted my claim against Bs on 06 June, still havent received anything from either court or Bs.

Please hold off from ringing them, perhaps untill a site helper has read your thread (they are very good you know) and adviced on next step.

Good luck with court. Its a bit of a lottery as to what to expect at the moment.

 

 

Thanks tonycee - Good Advise!

 

SITE HELPER _ HELP PLEASE?!!!! :o)

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North Shields County Court

16 th August 11:30

SarahApples vs Barclays Bank.

 

I won! Is the first and very important thing to say! I know how much reading about other people's experiences helped me so I hope to be able to do the same below.

 

I was admittedly very nervous before going to the Court. But once you are there and sitting with other people in exactly the same boat - you start feeling fine and actually its all rather interesting. As I was sitting there waiting for my court time - a very nice - Barrister who was there representing the banks today approached me and said 'could he have a word'. He basically was about to explain all about the fact he was going to ask for a Stay - I said I understood - but YES I very much wanted to carry on and go into the hearing so he could stop there. He was a nice chap, and there was no pressure or silly games.

 

I was called into the court room with another 2 defendants. 2 Barclays inc myself and 1 Abbey. The court room itself, was simply a modern room with a raised platform with a desk along one wall ,behind which sat a friendly looking gentleman in a suit ie the Judge. and a few tables facing him. There were 4 chairs behind one desk so the 3 defendants sat next to the Bank representative, facing the Judge.

 

I was in there for a total of 30 mins. So much was said I cannot remember it all. However alot of it was the Judge making sure that all 3 defendants knew exactly what was going on, and what the announcement of the Jan 08 Test Case meant etc etc.

 

The Judge asked the Bank rep to speak. The Bank guy asked for a stay in all three of our cases. Judge said 'Have you submitted applications for stays into this Court'. 'Yes Sir we have' was the reply. The Judge replied' Actually no you haven't at all!' - So that wasn't a great start for the Banks! The Judge went on to say he did not think much AT ALL of the Banks asking for blanket Stays - when they do not actually apply for them the correct way ( individually and with a £65 cheque attached). He asked us all if we wanted Stays - we all said No.

 

The Bank rep then asked for the cases to be adjourned. The Judge said no. The Bank rep then stated that he would have to step out of the process as he was not instructed to defend the banks - only request Stays. So that meant the hearing would go on as if the Banks had not turned up at all. ( at this point I started to feel awfully hopeful!)

 

The Judge then said he wanted to see the Defendants individually. I was first as it happened so stayed sitting as the other 2 trooped out with their moral supports/spouses. The Bank rep requested to saty in the room as a matter of interest. Judge said fine.

 

Judge turned to me , and then it went a little pear-shaped and it took me unawares - as he said 'You have asked for charges to be re-paid to you even when they are outside of the 6 years limit'. I explained that I first requested the Banks to repay my charges in March 07 and the charges I ask for were dated 6 years back for then. He said 'no, it has to be from when I issued' ( my Claim ie MoneyClaimOn-Line). I was on the back foot because I genuinely did not think of that/or indeed hear of anyone adjusting their claim accordingly? So be warned fellow claimers! Unless it was just me?

 

So the judge whipped out a calculator and calculated the diiference that these few charges would make to my overall claim (inc interest) bless him as if I had done it I would still be there! (only a hundred & fifty £'s difference). Added on my Court fee of £80 - and said 'I judge in your favour and the bank is ordered to pay you within 28 days' !!!

 

And out I trooped! Happy as Larry, slightly bamboozled it suddenly was over and done with. Told the good news to the 2 defendants waiting to go back in, because he would have to rule positively in their favour too now - and there you go.

 

I will try and find out the name of the Judge - he was very fair and easy to talk to. If I have left out any information just ask and I'll reply.

 

My Advice? Of course you'll be nervous - but during and after you realise it's not at all scary and actually very interesting.... ( I'm back in Oct for my husbands claim if its not stayed - and I'm looking forward to it!)

 

Sarah Apples - VICTOR!!! Ho Ho...:D

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