Southend County Court

ElvisPresleysCat

Hi - today my mother went to court with many others - her bank being Barclays.
Barclays sent a brief of course and as it turns out the judge informed them that there is a lot of incorrect information online.

Her case with the others is going to the next stage - the high court I believe - where the district judge may set a precidence - all plaintiffs have been advised to seek legal advice and as in this case if they lose they will have to pay the bank's costs in court.

The bank are contesting the legality of the charges as they are presently not unlawful according to the judge.

My court date is on the 17th of September - I'm worried now.
I effectively hopped on the band wagon hoping the bank would just pay out but it looks like they are prepared to take us all the way - I cannot afford to go up against the financial might of the bank so any advice would be greatly appreaciated.

It's clear the bank now don't intend to settle out of court or they would have already!

help!

Adam

nickmack

CaPPsiE wrote: »

The bank are contesting the legality of the charges as they are presently not unlawful according to the judge.

Which court and who is the judge please?

ElvisPresleysCat

Hi Nick,

Do you mean my court and judge or my mothers?

Thanks
Adam

nickmack

CaPPsiE wrote: »

Do you mean my court and judge or my mothers?

Sorry, your Mothers, I'm looking to find out which Judge and Court is trying to push this to the higher court.

ElvisPresleysCat

Hi Nick

Ok it is Judge Dudley of Southend Court - according to my mother's outcome she said the decision has to be made by the senior judge on the circuit.

I have no idea what that means but I'm guessing that it's a case of teflon shoulders or it is out of his remit to judge either way.

Ideas?

Why would he advice the people to seek legal advice?

Are they pushing for national test case?

Adam

PJBConsultancy

Hi, I was at Southend County COurt this morning as one of the claimants and it transpires that Barclays are intending to defend the case, and as such the sitting judge fast tracked all the cases today and they will be heard collectively. This does mean that because the cases are being fast tracked and not being dealt with under the small claims process, then fees could be payable if the judgement is fund in favout of the defandant.

According to the judge there are about 50 cases which are being bundled together, not just today claimants cases of which there were 6 claimants against Barclays.

If you were one of the claimants today, or your case has been fast tracked and to be heard by Judge Dedman on 4th Decemeber at 10:30, then would the forum administrator be able to co-ordinate these claimant being able to contact each other to pool our resources and deal with these as a group action?

Stokey125

It would appear that the Judge at Southend has made an order staying all bank chargs claims. This only applies to Southend County Court. If you are affected you should apply for the court to vary or discharge the order. When speaking to the court make it clear that you are not appealling the order you are exercising your right under the CPR to apply within 7 days of an order made without you being heard to have it varied or discharged


Somewhere on the board there is a thread with arguments that you may wish to use.



Moderator any chance of this one being made a sticky in case it drops off too quickly.

Stokey125

bouncing back up to stop it falling off

Libra_Sky

Hi thanks again Stokey...I calledup and have to say that they are really rude and peeved off down there with me so if you do call up be prepared. When I called up and quoted the CPR bit, she said well you claim that you don't know anything about all this and you are quoting CPR to me. I said I don't I have had help and i can do it another way which will only cost me £65 and they are really not happy at all.:eek:

She then said I kept calling them up asking questions when this is only the third time i had called. I did try and reason with her and say I was sorry that I'm sure they have had loads of people inundating them with questions but she just spoke over me rudely....in the end she agreed to send me a nu22(something like that) form which is a general application. She tried to get me to print it off the net ( i don't have a printer) and then she grudgingly agreed to send me one through the post.

My partner will be calling later to ask her to send him one though:rotfl:

Stokey125

No problem Libra you will need to wait for the formal order from the court as you will need the date of the order. The reason she was peeved off is that she probably had no idea what you were talking about.

missjules

Hubby rung the court yesterday and was told that our claim had been stayed (judge dudley) and would be receiving a letter confirming this, and the date it has been stayed to.