Reclaim Unfair Bank Charges article discussion Part II

miss_somewhere_sunny

Edinburghlass wrote: »

Did the court ask you to provide a Court Bundle or just the bank?

Oh thanks.... I had already done my bundle as requested 21 days before yesterday's hearing....also in my fax to the court about the stay I mentioned that Barclays had not adhered to the judges requestto provide to the other parties the docs they would rely on in court. I think my fax to the court really helped as the only other person who won against a stay had also done an application to have it lifted in advance of the hearing....

Edinburglass.....do you think I should ring Barclays at some point before the hearing to see if they will settle??? Or shall i just wait to see if they provide me with the defence as requested??? I am emigrating the very next day after the court case....I didnt expect this all to be going on the day before I fly!!!! ps. I didnt put the 1999 t&C's from Woolwich in the bundle, as I dont have, just a copy of Barclays Current T&C's.....did I mess up??

Your help is very gratefully received!!

MSS

spiritwish

maxinex wrote: »

Hi, i'm in same boat as you. Mine was transferred to Bury and they sent me AQ and this had to be in by Aug 6th. When the OFT case was announced i rang the court and asked if it would be stayed and they said no and i had to send another £100.00 for the AQ. Did this and when i rang today, they told me it was with the judge for direction but all their cases were being stayed and there was nothing i could do. Could have told me this before i parted with £100.00. In my AQ and draft order, i included an argument for the stay to be rejected, but don't think it did any good. will let you know when i hear outcome.

I was in Bury Court today. Judge did not stay my claim.

theozziend

spiritwish wrote: »

I was in Bury Court today. Judge did not stay my claim.

Well, I haven't got the full story yet, only a quick telephone conversation, but my husband has been to court this afternoon and it has been thrown out! He was in a similar situation, a letter arrived whilst we were on holiday re the allocation fee; we phoned the court on our first day back and explained we had been away. They took the £100. A couple of days later we got the letter from Barclays "instructing" the stay, which confused us. He again phoned the court to ask if the stay was being granted to be told No. He then said that he had held on submitting the bundles to both parties as he did not know what the allocation fee was, and then the instruction to stay. As soon as the court explained both he hand delivered his bundle to the court and sent it to the lawyers at Barclays. It was, apparently, thrown out because he failed to submit the bundle in the statutory time. All because we are not legal experts and all the confusion that has been caused in the last few weeks, we have to take advice from people like your goodselves at every turn! :mad: :mad: I will get the full story this evening, but I have one very angry man at home! It has cost him £220 just to lose. Has anyone else to date been thrown out? Can we start the whole process again (he is prepared to), and if we do win eventually can he claim the money he has spent to date. He kept saying he would be the one to duck out!

lbgeorge22

I've been going through the whole reclaiming since february.
it got to the stage where i presented the judge with all my charges,type date etc.
barclays submitted there usual defence.
then the judge ordered that the defendant complies with paragraph 2 of the order of the 13th of june by 21st of August or the defence be struck out and the claimant would be entitled to enter judgement for the amount claimed!

now they havent complied with this!
the deadline being today.
so i'm stuck!

I know all about the recent stays on bank charges but i didnt recieve a letter saying my case was being stayed!
but they havent replied so what shall I do now?
what can i do to be more precise?

thanks for your help everybody.

maxinex

spiritwish wrote: »

I was in Bury Court today. Judge did not stay my claim.

Hi thanks for that but mine got stayed until September 2008 yes 2008, why i don't know?

Edinburghlass_2

lbgeorge22 wrote: »

I've been going through the whole reclaiming since february.
it got to the stage where i presented the judge with all my charges,type date etc.
barclays submitted there usual defence.
then the judge ordered that the defendant complies with paragraph 2 of the order of the 13th of june by 21st of August or the defence be struck out and the claimant would be entitled to enter judgement for the amount claimed!

now they havent complied with this!
the deadline being today.
so i'm stuck!

I know all about the recent stays on bank charges but i didnt recieve a letter saying my case was being stayed!
but they havent replied so what shall I do now?
what can i do to be more precise?

thanks for your help everybody.

You need to enter judgement for the amount claimed as the bank haven't complied with what the court asked of them and I would do it quick!

Edinburghlass_2

miss_somewhere_sunny wrote: »

Oh thanks.... I had already done my bundle as requested 21 days before yesterday's hearing....also in my fax to the court about the stay I mentioned that Barclays had not adhered to the judges requestto provide to the other parties the docs they would rely on in court. I think my fax to the court really helped as the only other person who won against a stay had also done an application to have it lifted in advance of the hearing....

Edinburglass.....do you think I should ring Barclays at some point before the hearing to see if they will settle??? Or shall i just wait to see if they provide me with the defence as requested??? I am emigrating the very next day after the court case....I didnt expect this all to be going on the day before I fly!!!! ps. I didnt put the 1999 t&C's from Woolwich in the bundle, as I dont have, just a copy of Barclays Current T&C's.....did I mess up??

Your help is very gratefully received!!

MSS

I doubt Barclays will settle so I'm not convinced it would be a good idea to phone them and I wouldn't let Barclays know too much about the fact that you are leaving the country. If you phone them it may well remind them exactly what they have to do by Friday so I'd cross your fingers and hope they don't comply with the court's request.

Palerie-head

:mad:

My problem, in summary:

• Went to county court after usual letters etc
• Judge requested that I submit my court bundle within 28 days, which I did and copied the bank in. Bank were supposed to file defence 28 days later.
• 28 Days came and went and no defence. I wrote to the court and asked for judgement as bank hadn't complied with the request for their defence.
• Letter received from court that I had been given judgement on 25th July and bank were instructed to pay on 16th August.
• 16th August came and went and no money. Bank claimed they hadn't had the judgement. I faxed it,emailed it and posted it. Still they claimed not to have had it.
• I wrote to bank (and copied in court) and asked them to pay by 4pm today. They didn't. I called them and they said that they have asked the court to set aside the judgement because of the test case.

Am I right in thinking that they can't do this? They are quoting 27/7 OFT ruling but according to the OFT directive 6.1 it comes into effect on 27/7 which is 2 days before my judgement.

Can the bank expect a judge to set aside a judgement on a test case announced 2 whole days after my judgement?

I'm going to the court tomorrow to issue a warrant.

Any words of advice or reassurance? I'm so fed up with this now.

miss_somewhere_sunny

Edinburghlass wrote: »

I doubt Barclays will settle so I'm not convinced it would be a good idea to phone them and I wouldn't let Barclays know too much about the fact that you are leaving the country. If you phone them it may well remind them exactly what they have to do by Friday so I'd cross your fingers and hope they don't comply with the court's request.

Oh, but they already do know Im leaving ,.....thats why the judge didnt allow the stay, and why she fitted me in on 30th August, as I leave on the 31st (really nice of her hey!!)

I think you are right, I will just leave matters, and wait for the date. I did have luck with the T&C's as my mother in law's secretary was a manager at woolwich(more good luck!) and has some at home, so I will forward them on to the court and Barclays tomorrow.
I will let you know any developments.

Thanks for your kind help.

MSS

Edinburghlass_2

When you say the bank have until this Friday to send you the defence, do you mean 24th August? If so and you don't receive it in due time you could perhaps go back to the court on Monday/Tuesday and see what they say?