Legal brains expert advice please!

Phamous

Hello guys,

I need a bit of advice if possible.

I'm claiming against Barclays and have got a court date (Sept 11th) and am now doing my court bundle.

In my correspondence between the bank and myself, I have an email from the litigation department which says "I fully intend to settle your case before the court date..." What I am wondering is, whether I should highlight this piece of correspondence to the judge who may decide to strike out Barclays defence as Abuse of process. (Possibly)

Should I highlight this..? If so - should it be in a covering letter or just highlight the text within the bundle? Do you think it might help with the case...?

All opinions would be gratefully recieved!

Thanks in advance.

(Land_of)_Maz

OOOOH Phamous, i don't know the answer but sounds scandalous! I think you should! Maybe will result in more people in that particular bank getting settlements and less having to go to court.....

Any legal eagles in the forum can advise?!

PI_Guy

does the email or letter say "without prejudice" at the top? if so then you can't show it to the court

Phamous

Hi PI

NO, it doesn't say without predjudice... it was an email from the litigation department. Maybe it would help if I posted the whole email...

Dear Phamie,
<O:p> </O:p>
Thank you for your email and your offer to settle early. I fully intend to settle your claim before it gets to court but the only problem is the sheer amount of people I am dealing with at the moment. I am still dealing with people who are in court next week, and unfortunately the first possible time I am able to look at settlement is once they have a court date set. I know this is not an ideal solution but unfortunately it is the only method we have of not missing anybody. I will of course refund any new court costs incurred in the eventual settlement.<O:p></O:p>
<O:p> </O:p>
Please feel free to contact me once you have a court date and I will be able to give you a better sense of when your case will be settled.<O:p></O:p>
<O:p> </O:p>
<O:p></O:p>
<O:p></O:p>
<O:p>Thanks</O:p>
<O:p></O:p>

Phamous

Also - that's a good point... I've sent a couple of letters that say'without predjudice' saying I would settle early for a lesser amount. Does that mean I can't include them in my court bundle...?

gertty

hope you don't mind me asking but what do you have to have in a court bundle as my date for court is 14th august and i haven't had anything from solicitors or the hsbc bank.

i'm starting to think it's going all the way.

gertty(debbie)

Phamous

Hi

Well I got an email from Barclays litigation department saying they fully intended to settle before the court date and I think that's pretty standard - in saying that, some people have gone to court so don't take it as read.

I think full preparation is the key and the court bundle is very important. It's not easy to prepare and will take time but has to be done. (I'm in the middle of mine right now!)

Here's a link for the checklist of what to include...

Good luck with it and I hope you get a speedy settlement!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

tandi_2

im ready for throwing in the towel,
i have gotton a letter from banks solictor a general form of judgement or order Acknowledgement of service,
i have quoted the social security act as charges have been taken from my carers allowance dla and income support i have 2 days to request a stay and ive no idea where to start or what this means are there any templates, i never thought this would be so stressful when i started,
thanks anyone , im really pushed for time

Phamous

Hello all!

I wrote a very passionate letter to the court asking for my case not to be stayed and now I have been allocated an hour on New Year's Eve in front of the judge to explain why not!

This forum has been amazing at advice on the written word but now I am faced with having to state my case in person I need a full, comprehensive argument to the judge on why he should still hear my case. I've never done this before and am way out of my comfort zone dealing with the law and suing my bank but determined to learn as much as I can.

Any help and advice would be gratefully received!

Thanks in advance

petermb_2

pm with the full details of your claim and I will advise if I can

Phamous

Hello all

Am off to court on Thursday to appeal to the judge not to stay my claim. Am wondering what to take and what arguments I might use..?

I am pretty sure the judge will stay the claim but he has at least given me the chance to argue my case.

One argument I am thinking of using is that I am being denied justice by a future precedent which is not the law of the land.

It's been fine writing letters and debating the wright and wrongs on this forum at home but now I am actually going to court it's completely nerve-wracking!

Any help or advice would be gratefully received!
Thanks in advance