Reclaim Unfair Bank Charges article discussion Part II

miss_somewhere_sunny

Edinburghlass wrote: »

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?

yes, thats right 24th! I have a feeling they will send it, the barrister made it clear that he would be defending.

I will just wait and see and contact the court on Monday to see if its in.

Will let you know.

Thanks Edinburghlass, youre FAB!

MSS

agnes_2

Jayneo wrote: »

Hiya Agnes
Don't suppose you have a link for these do you? Just come off nights so brain a bit fuddled and can't find it!!!:rolleyes: Court case was due today so not sure what we can do now. I did get a letter in asking for the stay to be lifted and the case to be 'struck off' as DG Solicitors didn't get any defence in but not heard anything. Do you know if there's anything we can do now or do we just wait??

Hi sorry I have only just come back on here, but try this one and also this will lead you to others worth doing.! Use Smutley she is brilliant there are severaly templates Yes we have to send in as many objections as possible.

good luck!!
http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post-new-post.html


***************
we can use Smutley's post 498 and just change the date etc??
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Shellyk_3

Hi, I was wondering if someone could help me???
I received a letter of stay about 5 weeks ago from my local court telling me Lloyds had until the 24th September to come to an agreement with me out of court. I then sent a letter to the courts requesting that the stay be lifted(this was all before the OFT decission). I then received a court date for a preliminary hearing date of the 28th August, which is still going ahead. I was wondering if this can still be stayed in court if it has already been put on hold once. Also The courts told me all I needed to take is copies of all my correspondance, do I need to write down a defence ready aswell??? If so where do I get ideas from??? Thanks in advance, I am getting really nervous.

cyberman_3

cyberman wrote: »

I see the petition has been signed by an amazing 22,755 people.

If this carries on growing as it will, within 12 months or so it will reach over 100,000 people.

Everybody should ensure that they tell all their friends to sign the petition.

http://petitions.pm.gov.uk/BankCharter/

SINCE YESTERDAY Martins petition has risen to 24,484. That is 1,729 more unhappy people. This is the largest petition on the Downing Street site

There is another petition http://petitions.pm.gov.uk/Penaltycharges/
with 10,293

Edinburghlass_2

Shellyk wrote: »

Hi, I was wondering if someone could help me???
I received a letter of stay about 5 weeks ago from my local court telling me Lloyds had until the 24th September to come to an agreement with me out of court. I then sent a letter to the courts requesting that the stay be lifted(this was all before the OFT decission). I then received a court date for a preliminary hearing date of the 28th August, which is still going ahead. I was wondering if this can still be stayed in court if it has already been put on hold once. Also The courts told me all I needed to take is copies of all my correspondance, do I need to write down a defence ready aswell??? If so where do I get ideas from??? Thanks in advance, I am getting really nervous.

You need to go prepared to argue your case for the court not applying a stay, no court bundle required for a Preliminary Hearing, have a read of this thread.

http://forums.moneysavingexpert.com/showthread.html?t=282116&page=3

theozziend

Morning everyone. I'm afraid this post may get quite lengthy, so apologies but I thought some might be interested in the experience in court yesterday. My hubby (I will call him R from now on!) turned up for a 2.00 hearing. There were 20+ people there with cases against various banks. 4 were against Barclays. All 4 were approached by a barrister representing Barclays, who told them that he was applying for a stay on all cases. One guy had a trunk with him full of evidence as he was claiming £10,000! R was called into court. The judge informed him that the case was being struck out because he had failed to comply with the timetable. R was shocked because the events leading up to yesterday were -

<O:p
Northampton transferred to local court in June. Letter from local court posted 10 July informing of date of hearing, asking for evidence within 14 days, and £100 fee. Postal strike delayed delivery and it arrived whilst we were on 3 weeks holiday. Immediately upon return phoned the court (4 Aug) to explain. They took the £100 and said they were putting an orange form in the post (don't know what this was - it never arrived). Spent 3 days preparing bundle - it's not a 5 minute job! and was about the send on Thursday when the letter from Barclays arrived re. the Stay. We didn't know what this meant, so R phoned the court yet again to ask what it meant. They informed him that they were not going to stay as the case was so close. He therefore told them he would bring the bundle in by hand, which he did. He posted the other to the Lawyer. This would have been on the 10<SUP>th</SUP> August. <O:p></O:p>
<O:p> </O:p>
His case was struck off yesterday as the information failed to arrive in the specified 14 days! He went through all of the above, but the judge said “Mr Goodwin, on your own admission you have said you did not get the paperwork to us in the specified 14 days”. He said, “yes, but I have kept in touch with the court at all stages, and on the 7<SUP>th</SUP> August you took my £100 from me knowing that my bundle had not been submitted, knowing the reasons why”. The judge denied ever having seen the bundle, so did the Barrister. The case was thrown out of court! ”. R was told that he had been badly advised! He said that he had followed exactly the same procedures as me, and that I had been awarded against Barclays. <O:p></O:p>
<O:p> </O:p>
When R went to the clerk at the desk to say that he had hand delivered the bundle to her, she said “yes, I know, it was in the cupboard this morning waiting for the case, and it is no longer there, so someone has it<O:p></O:p>
<O:p> </O:p>
On meeting up with the other 3 in the foyer they had all either been stayed, or thrown out on a technicality. One of the others was told to go and get legal representation because he had paid for <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:p></O:p>:eek:
<O:p> </O:p>
We are not lawyers; a lot of what was said to R went over his head, and he told them that, and to be honest, he is no fool. They really are now fighting dirty, and probably, and this is only my opinion, since the OFT decision bundles are now being scrutinized closely, whereas previously they were probably just using delaying tactics knowing that they were not going to turn up at court, and settle prior anyway. <O:p></O:p>
<O:p> </O:p>
Please, and this may be one for Martin to tell us, what can we, and others in the same situation, do now? Do we wait and see, and he will get paid out anyway if the OFT goes in our favour? Is this now a dead case as it has not been stayed, it has been thrown out – is this a finding in favour of Barclays? Can we recommence the whole thing from scratch? This would presumably cost him another £220, which would be a real blow. Can we appeal? It seems it is a whole new ball park now, and I wish everyone good luck. I hope that the above has given an insight into what may happen. <O:p></O:p>:mad:

maxinex

Thought this might make some interesting reading

http://news.bbc.co.uk/1/hi/business/6955437.stm

cyberman_3

theozziend wrote: »

My god, what a horror story and a disgusting one at that

More disturbing is as you say
> </O:p>
When R went to the clerk at the desk to say that he had hand delivered the bundle to her, she said “yes, I know, it was in the cupboard this morning waiting for the case, and it is no longer there, so someone has it<O:p></O:p>
<O:p> </O:p>

WHERE HAD THE BUNDLE GONE TO ??????

You must press this with the court concerned. They admit they had the bundle so it is their responsibility to find it.

Rather stinks of foul play here

spiritwish

maxinex wrote: »

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

Which judge did you get?

RobertoC_2

Great news OlliBollie. Very pleased for you.
I am in court tomorrow afternoon (High Wycombe Cty Crt). I would be very gratfeul if you (or anyone else wit the experience) would let me know what you said at court to persuade the Judge not to agree to the other side's request for a stay.