Anyone tried Martin's new approach?

tnook_2

Hi,

I'm one of the thousands who have a claim stayed since 2007. I was going to amend my POC and adapt/personalize it using Martin's new approach.

I got as far as adapting and sending Barclays the template letter saying I wanted to amend my POC but I got a reply from some solicitors acting on Barclays behalf called Simmons and Simmons saying they wanted to review my amended POC before agreeing them being amended in court.

I was wondering if anyone has tried the new approach and what their experience is?

Premier_2

If you want to follow this route (which I would ask you to consider very carefully as no one has succeeded in court following the guide), just do it.

Unless you have a court order giving you instructions otherwise (unlikely) then just complete the appropriate form and send it to the court.
If the other party fails to agree with your application to amend the POC (which may be why they wish to discuss it beforehand to possibly save you time & money), then there will be a kind of hearing to decide whether or not the application should go ahead.
(This is covered by the notes on question 5 of the appropriate application form)

Let us know how you get on

tnook_2

Premier wrote: »

If you want to follow this route (which I would ask you to consider very carefully as no one has succeeded in court following the guide), just do it.

Are the any threads where people have tried this approach? Just been looking but can't find any.

Thanks!

Premier_2

:cool:

tnook wrote: »

Are the any threads where people have tried this approach? Just been looking but can't find any.

Thanks!

There may not be any specific threads - the posts I think were often placed within more general threads.

You could try contacting the OP of this thread.
https://forums.moneysavingexpert.com/discussion/2480245

Not exactly the same situation, but the MSE'er was being very vocal in April/May and intent on going to court. She was also saying "never give up" etc, and allegedly had a court date set for June 30th
An application by the defendant to strike out the claim was previously not upheld, according to the poster
http://forums.moneysavingexpert.com/showpost.php?p=32995271&postcount=487

Unfortunately, the last time the poster came here was about 2 weeks prior to that court hearing date ... :cool:

Premier_2

Here's another example of a thread where the OP had intentions of pursuing Nationwide through the court (from March)
http://forums.moneysavingexpert.com/showthread.html?t=2341607

You could try contacting them to see how they have got on. Unfortunately, they've not been back here since mid May... :cool:

I guess what I'm suggesting is that many people are reluctant to post a non-positive result, or perhaps didn't even bother pursuing a fruitless mission.

What you can be certain is that if anyone were to win in court, this board will be so alight, it'll make bonfire night look like a damp squib in comparison.

I guarantee there are no posts/thread on here about any success in court following the bank charges reclaiming guide (court based) since it was published earlier this year.
(I've been a regular here since the Supreme Court ruling last November)

Premier_2

This one may prove more fruitfull for you.

https://forums.moneysavingexpert.com/discussion/2294297

The OP has had all the latest legal arguments dismissed by the bank.
The OP promised to keep us up to date with the latest progress - that was in April, when they were obviously intent on pursing the matter further.
The Op has been here today, so a PM to them may get a response