Hi Guy's, just a quick update, have now received the settlement cheque, however.............. there was a debit balance that had been placed in the hands of a dca (RMA) outstanding, now some may remember that we had costantly been harassed by RMA even though they knew we were going to court in order to settle. And beleive it or not, I had yet another threatening letter today even though a/c was settled last week! Spoke to a complete moron at RMA, who said it was my responsibility to tell them, not their responsibility to prove or find out. Anyway a quick call to Greg Thomas had it all sorted, Although we feel lucky in these times, Greg and Dino have always been polite, genuinly pleasant and courteous. Unfortunately though, I'm convinced that they really don't have a great deal of power to make real decisions here, they really are intermediaries who purely follow instructions from above. As for DCA's, well we all know what a bunch of brainless bully boy's they are, and today just proved it, they really don't know their heads from their little jelly filled toes! We depart for Oz in 2 weeks and wish every single one of you luck and offer our support, we'll be watching from afar.... special thanks to Dar3n and saintly 1 for all your help, we'll have a tinny for you all. G'day Matrah x

Just a quick update guys & gals, Received a settlement letter from B's today offering full settlement (and about £200 more), have signed it and am now awaiting the cheque, will stop the 2nd court hearing when we get the cheque. I think we were a bit lucky in that we leave the UK at the end of the month and they knew the judge would have to complete this case on the 23rd. Plus they never filed a bundle (usual practice). I'll update when cheque is in our little greasy paws... Keep soldiering on!!!!!

I did wonder... especially when she said 'we can proceed but i feel it would be better that we wait for an idea of direction from this pre-lim hearing in London'. Thanks for the clarificatin BW. Has anyone heard anything of this pre-lim hearing as i can't find anything anywhere? and it's not long till we're back in (23rd) for round two. Also the judge said i should also apply for unreasonable costs (wasted costs order), any idea how i add it to my claim? I've only got 8 days from the hearing till i depart for Oz, so i don't know how i'm gonna get my lolly if i win?

Hello again guy's, just to remind you all from post #707, the judges have all been told to stay unless they can see any reason or special circumstance to continue. We've been stayed just until the 23rd August as we leave the rosey UK on 1st Sept. I can't wait to get back to court and hopefully watch the judge order Barclays to prove costs. There has to be an ending in our case then because it is so timebound, i'm not sure what else can happen, MOH won't even let me approach barclays for them to re-consider settlement now as she want's it all out in court, and the Judge was definately leaning towards us, recommending un-reasonable costs, which i assume is a wasted costs order as well. I'm not sure if it does help anyone but we will push as hard as we can on the 23rd and see what happens. I'm not sure how they will defend bearing in mind they have presented no bundle and the barrister that was present said they wouldn't pay for him to attend court again. Is it just another loophole, that they don't attend, get awarded against and still don't have to prove their charges? How much more manipulative of the British Justice system can you get. They really do take the p*** out of the judges.

I don't know if it will help but remember our case has only been stayed until the 23rd of August, so we will be in court for a 2nd time with barclays in Torquay. Not really sure what that means for us but i will be able to shed some light soon after. Do we just go for it and request that the judge orders proof of charges? The barrister did say that Barclays won't be paying for him to attend a second time... was there something in that? Interesting times albeit nervy!!

After our experience today guy's, as above, be fully prepared to meet their representation (barrister) in court. They will without doubt request a stay and probably get one. Don't let this put you off, and remember to keep putting it to the judge that they are offering settlements although they are un realistic settlements. If there is anyone out there emigrating like us, let the judge know this, she-he may go ahead with the trial or appoint a stay at a date that will fit in with your schedule. As said before check post 707 for more info. Keep those chins up!!!!

Just returned from court, Met thier barrister James Hayward, a nice chap, obviously discussed the settlement again but said to him as I have said to Barclays, I would only accept the balance owed as it was when this claim started (£574.50), after all Barclays have had plenty of time to accept up to now. As you said he did request a stay. Having explained our situation and our imminent departure to Australia, the judge has applied a stay until the 23rd August at 1145hrs. She is aware that there is a prelim hearing in the High Court of the test case later today and understands that this may give some indication as to the direction of the final result. She also added that all judges involved in these cases have received directions from above to follow the same action and stay ALL cases unless there are special circumstances involved. It was indicated that the main test case will be in or around January. I did inform the judge of Barclays settlement offer (including conditions) and said that I would very much like to resolve this in order to save more time and costs. The judge did indicate to me that when I arrive back in court on the 23rd August (1 week before departure to Australia), there would be grounds to apply for unreasonable costs. So i guess we'll monitor the pre lim with great anticipation and prepare for the 23rd August at 1145hrs. Just to give you all a bit of a boost!!! My judge appeared to be considerably p***** off that Barclays had failed to settle with so many opportunities and such a long time. There really is nothing to worry about in there, she was really nice and helpful, she also made it clear to their barrister that bearing in mind Barclays know we're going abroad, they were NOT being particularly reasonable! Now all i need help with is how to apply for unreasonable costs. Good luck to you all, keep fighting on!!

Oh well hear goes guy's, In court in the morning 10:30 in Torquay.(Anyone else gonna be there?) Dino has told me that Barclays will be sending representation. I will as Dar£n advised be requesting that it is not stayed as we are emigrating at the end of the month and won't be in the country to represent ourselves at future hearings. Also they have offered the full settlement , unfortunately with nasty little conditions though. I guess it will be an interesting scenario Finger's crossed!!!

Cheers dar£n, you do have all the answers, 5*****

Been dealing with Dino, and am in court next wednesday, he did offer a settlement to the full amount, however he applied conditions to it, one of them was that the majority of the settlement be used to settle a disputed account. He know's the account is in dispute and has been told that i won't settle an account that i disagree with. He now say's they will be representing in court and applying for a stay. I emigrate to Australia next month and now don't know where i stand if it is stayed? PLEASE HELP!!!

Me too, i'm in court on wednesday down here in Torquay. Dino made a settlement offer, but said it had to be used to clear an alleged debt held by Barclays. Barclays had not submitted a bundle and he has just e-mailed me to say there will be representation and they will be applying for a stay. Pending the new test case result.

I've sent it special delivery now, i realise it will land 2 days late with them, but obviously signed for. The court recieved theirs on the 14th day before. If i turn up and they don't or if they don't submit their bundle in time to the court will i still have to prove a case to the judge or does it give me an 'auto' win? And have any of the lit team turned up to challenge yet? Cheers again M

Thanks Saintly, do you know if anyones actually met one of them in court yet? or had to attend? If i have to go and they don't attend what on earth do i say or do? Oh this really is a little tinsy wincy bit of a flippin huge nightmare!

Hi Guys, Presented Court Bundle today in Torquay County Court. 14 days from Court date 1st August. I e-mailed Dino at the beginning of July to ask if he could tell me who was dealing with my case, he responded same day and said it was him. I e-mailed a couple of days later and said i understood that it was a relativly low amount and would be beneficial to both parties to arrange settlement prior to going to trial. ( HAD NO RESPONSE) E-mailed again yesterday to ask if he had a direct address to send bundle to to save time, i got an out of office reply saying he was away till 23rd July, but to contact his colleague Greg Thomas. I did just that and still have NO REPLY!! I have their copy of the bundle waiting here, what is the best address to send it to? I guess i'm on my way to court as well now, should be fun.. has anyone made it into court with (or without them)? Any advice would be great as i no longer have any nails and me bones are looking mighty tasty!! Cheers M x

That's it court bundle has now been dropped off at Torquay County, Let's wait and see what happens next. Bearing in mind there are exactly fourteen days till The court date and Dino is away until the 23rd July, i guess i will actually end up in court! How frightening!!! I've e-mailed Dino's counterpart and he is aware that there are only 14 days left. Has anyone come face to face with them in court yet??? I really have got the shakes now, but i will see it through. I've done all this for my OH and will have to do the talking in Court, i trust there will not be a problem with me doing that? Any advice from this point will really help me guys. Cheers x