Does your father get pension credit also? I don't know to much about it, but depending on circumstances I think it tops up your state pension, but if he is working his income might be to much to get it, but now he is not he might be entitled to it possibly.

Does anyone know the laws on solicitors and their practising certificates? Checking on the SRA (SOLICITORS REGULATION AUTHORITY) website the solicitor who filed the defence and DQ and summary judgement against me was Camille Sara Tewari . They registered themselves 10 days before the court case as a foreign lawyer on this site. It also shows them not holding a annually paid practice certificate, do they need one? As far as I'm aware from my research its a criminal offence for a solicitor in England and wales to conduct litigation without a practising certificate. I've emailed the SRA to double check if they were acting legally or not .

They put in for a summary judgment and it wasn't allocated to a track even though we both agreed to it being a small claim in are DQ. The Summary judgement application was put in after the direction questionnaires were sent. I'm sure it would of been a small claim but the summary judgement was heard before allocation. I'm not the first person to have this happen some guy went to claim 9500 off Santander and he got stung for 5500 in court costs on a case that was heading for the small claims. What made it worse he didn't attend the hearing not by choice, but because he thought it was decided on paper and no oral argument was required.

I LOST on the limitations act, from what I can make out section 32 coincides with should of known or could with reasonable diligence have discovered it. The PPI wasn't mine so I don't know how they could say that. The solicitor was rambling on for 30minutes going through the limitation act covering all scenarios it all sounded convincing and I don't think the judges know much about the laws, so the judge judged it on who was the most convincing. I now owe them 3000 pound in court costs and got 7 days lefted to pay it or I will get a CCJ. If I don't pay their solicitor I guess they will get bailiffs. The judge told me to get the money they owe me on the 3 upheld PPI'S this equates to 2600 pounds but I told her this wont be easy as they fob you off and I wouldn't be here now if they didn't mess about. And as I thought I phoned Barclays to reissues the cheque for 1000 pounds and I sent the personal indemnity form off for the further1600 pounds straight after the court case, I phoned them a few days to find out what was going on and as I guessed they are giving me the run-around. If they don't pay the estate the £2600 I'm going to be about £4200 down including court fees and paying for probate while I should of been £6500 up if they played ball. What's your advice shall in not pay them the 3000 and get a CCJ and hope they don't come chasing for it?

Here's a link I that you might be interested in if you haven't seen it. I'm not sure it will help but I will post it anyway. https://www.bbc.co.uk/news/business-19511542

Maybe you could put in a summary judgement/strike out against them and play their game somebody will give you advice on how to do it, it costs a little bit of money.

I was going to say not to give the solicitor your email , as its to save them money, and their convenience to send you bullying emails and charge you for the privilege . Barclays solicitors got my email from my AQ I should of left it blank or put "no email" in the box. That was one of the many mistakes I made.

When my father made a will the solicitor gave him a copy and the solicitor kept the original. When he died I needed the original but only to find the solicitor had shut down. I found out, I think its law they pass on all the wills to another solicitor. There's a online site that tells you where they have been passed onto if you type in the original solicitor business name and address

Crooks, I can't see the point in testing to see if you got it, if you have there's not much you can do about it. If you think you might have it would be best to self isolate

Thanks, am I right in saying I only need to create a bit of a smokescreen to get this motion for SJ denied .If it goes to trial am I allowed to produce more evidence or is this not allowed?

I just put sect 32 on my witness statement, the defendant has replied with their Skeleton argument, this is a small abstract from it: The Claimant’s witness statement provides that it is, “Subject to Misrepresentation act 1967 and sect 32 limitation act 1980”, suggesting that the Claimant intends to rely on section 32 of the Limitation 1980 to extend time. As to that: (a) Section 32 applies where: (i) the action is based on the fraud of the defendant, (ii) a fact relevant to the cause of action has been deliberately concealed by the defendant, or (iii) the action is for relief from the consequences of a mistake. (b) (i) and (iii) can be discounted, there being no plead of fraud or mistake. (c) As to (ii), there has been no allegation (in either the particulars of claim or the Claimant’s witness statement) that the Bank has concealed any material fact. It is also not understood how such an allegation could be made in this case given that the facts of the sale and the terms of the Policies were known to Mr at all material times. Indeed, at least in the case of Policies 8896 and 2501

ok sorry for the confusion Any tips for Monday? Surely if the bank has admitted 3 were missold and offered redress to the next of kin then why do need to argue it in court the reasons for mis-selling? I can use their reasons why it was mis-sold Its the limitation act I need to get sorted, what part would you suggest I use would it be the Mistake part of sect 32?

Thanks , I didn't add the next of kin as she is not a executor and has no entitlement to sue.

In theory I should win as at least one of the PPI's was added without consent but in law I don't know. The small claims is misleading and needs to be changed, as you naturally think the costs are limited but this not always the case

Do you mean add next of kin on a discontinuance form. I got a letter on Thurs 19th march for a telephone hearing I gave my number to their solicitors on Friday. I don't know what happens now will they call me on Monday ?

It hasn't been allocated to a track so correct me if I'm wrong I would be liable. This is a sneaking trick by the banks solicitors, that's part of the reason for summary judgement getting it to court before allocation. they have a cost order of over £4000 Any reasonable judge would of sent it to a allocation hearing and looked at the summary judgement at the same time

The final redress they offered to the next of kin was in January 2020 and they wanted probate why did they not ask for this on the first redress cheque they sent? I now have probate and got it in Feb 2020. there is no way I could of settled in time for the court case if I was to accept it. Also it was me who made the court claim and all the redress have been made to the next of kin the bank has ignored me. and all I was getting was bullying letter of their solicitors to drop the claim. Also why did they defend the claim in its entity when I initiated the court claim and then offer redress, should they have not admitted to part of the claim? it was just a witness/statement of case I sent. I only made it brief because it was a summary hearing and not a full trial. it was just to dismiss the motion Also here lies another problem if the next of kin accepted the redress it would of been in her name. So if I discontinued the claim I would of been liable for costs as the court claim is in my name.

I served one a week ago, and they put a final one in a few days ago

Thanks Ill try and have another go later In the mean time I bank with Barclays online and had a automated email from them saying " we are here to help" there trying to claim over £4000 in court costs from me on my claim for missold PPI and send me this email lol. I'm writing today as I know that coronavirus is a source of concern for many people right now - and I wanted to let you know we're here to help. Whether you would like additional support with managing your money, or have faced disruption to finances or travel plans, we can work with you to look at ways to make things easier, including: Mortgage Payments: Repayment holidays on residential mortgages for up to 90 days Accessing Savings: Removing penalty charges to access fixed savings accounts early Paying Fees: Stopping late payment and cash advance fees for the next 90 days for credit cards. For more information on this and managing your finances during this period, you can find our latest advice by visiting our homepage and clicking ‘Coronavirus help’ - there you'll find links to all the content referenced in this email on pages that will be updated daily. If you need to access your banking services and are unable to get to a branch, or need to stay at home, there are also a wide range of ways that we can help you there too. I've outlined a number of those below which hopefully you'll find useful. I appreciate that the circumstances in which we find ourselves at the moment will cause worry. At Barclays we are committed to being responsive to your needs as the situation evolves, and we will continue to be in touch with information and updates. In the meantime - with best wishes. Matt Hammerstein CEO Barclays UK The bank are saying I'm timed barred amongst other things. I've put sect 32 of the limitation act on my witness statement. I've got the original agreement form for 1 of the loans and the NO box was ticked and the PPI was added without consent. What specific part of the limitation act comes into play here, is it fraud, concealment or mistake?

yes they did serve a N244

I'm claiming for missold PPI and got a telephone conference hearing Monday 23rd . I've posted previously about this claim on this forum. Its a summary judgement hearing it destined for the small claims track as im claiming 8000 pound subject to %20 tax so it will be 6000 plus. It hasn't been allocated to a track because of the summary judgement application by the bank The bank has filed a cost order to the court of nearly £5000 Any advice please cost ppi clam.pdf

Not Barclaycard as such, but Barclays produced a loan agreement form that started in 1994 and ended in 1998 on a live joint account that is now in a sole name, they sent this to their solicitor as I have taken court action on behalf of a beneficiary. Incidentally the no box is ticked for PPI on the agreement form, but they added it without consent. so they should of gone through their records and paid out when the deceased was still alive as they had prove of it being mis-sold. I'm also claiming on another 3 loans with Barclays in the courts I've bundled all 4 together.

If your car breaks down on yellow lines you can get away with it, but you need prove off the AA ect.

Problem I've found with the small claims if a company puts in a summary judgement and gets it then it wont be allocated to a track so they can claimed costs as if its going to the fast or multi. My court claim is destined for the small claims but I'm going to a SJ hearing soon. One guy took a bank to court for 9500, but the guy never turned up to the summary judgement but the bank did. The guy never turned up because he didn't realise he had to be there as he thought it was all based on written evidence and no oral argument was required. The judge awarded the bank over 5000 in costs.

There's also a sign on the side your friend was parked at the end of the row of conifers by the looks of it presuming nothings changed since the capture date