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Soulfish

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  1. Sorry I should have said! The letter from the court was regarding my claim against Barclays (see this thread) for bank charges and contractual interest). It was/is stayed pending the high court test case, but the £2,000/mo payment is interesting considering I've yet to have my case properly heard by a Judge - last time I saw a Judge it was to be told my case was being stayed!
  2. Hi Everyone, I've just received news about my Stay, and wanted to see what people made of it. It appears that the Judge has ordered the case to be stayed (as I expected), but he also appears to have ordered the bank to pay £2,000/mo until the case is resolved or the full ammount being claimed is paid back. Have a read of this letter to see what I mean. Is my interpretation correct? Anything I should/shouldn't do? Thanks, John
  3. Just had an intresting letter from the court regarding the stay. It appears that the Judge has ordered the case to be stayed BUT also ordered Barclays to pay £2,000 a month to us until the claim is repaid?!? Have a read of this and see if you reach the same conclusion
  4. Hi Everyone, Just got back from my hearing in Hastings County Court with Judge Pollard. Barclays sent their barrister who informed me that they were going to be applying for a stay. We get called in and before we've even taken our seats the Judge is already telling us that he's going to be staying the case pending the high court test case. I tried to argue against the stay but he refused every thing I tried and stated that he was being ordered to stay all cases (unless there are serious grounds to not award a stay) by the senior judge in Sussex. He also stated that the only real reason he wouldn't apply a stay is if you weren't going to be alive next March and had serious medical evidence to back it up. Even then it wouldn't be guaranteed to be awarded a stay. Since there was no talking him out of it (he hadn't even bothered to read my objections to a stay) I asked him to prevent the defendant from apply further charges, or to set the charges at a level deemed reasonable by the court etc. He told me that he had no legal grounds or basis to do such a thing. He also seemed to think that since you were incurring overdraft fees and direct debit charges you obviously had enough money to live on so the grounds of financial hardship didn't apply. My final tactic was to try and force Barclays to comply with the directions that had been previously sent out (they hadn't disclosed the information that they Judge had requested). The Judge didn't seem to like that idea and stated that since this was a fast track case, and costs would be incurred he couldn't order Barclays to comply with the previous orders due to the fact that it would cause us to incur additional costs should the high court case be lost. All in all it was a pretty poor hearing. The Judge had made up his mind before we'd even entered the room, and wasn't going to change it. The Barclays barrister didn't even need to speak - the Judge did everything for him. The case was stayed pending the outcome of the high court test case, with the stay to be reviewed on 7th March 2008. Ohh well.
  5. I'd also be very interested in the financial hardship route, as well as if anyone knew anything about adding grounds to refuse the stay due to ill health. The case is on my mums behalf and her health is rapidly deteriorating.
  6. Given that the Judge followed my request for directions, and given that I suspect Barclays won't be complying with it I'm fairly hopeful that I'll be able to get them to settle, or their defence thrown out!
  7. I'm hoping that I get a settlement offer in my case - or at least still get it heard in court. The Judge ordered the directions from this site (with the disclosure bits etc) and the case is allocated to the fast track with Barclays having to submit their statement of evidence a week before the 15th August. I'm just hoping they still won't want to reveal their costs.
  8. I forgot to mention why I wanted peoples opinions. From looking at the data it seems to imply that the vast vast majority of the letters and charges are handeled by an automated system that calculates the severity of the problem and issues letters etc approriately - these seem to be actions that don't have an operator name (first 3 pages are examples of this) The rest do have operator names, and show when operators have approved withdrawal, cheques, placed phone calls etc together with their comments. Thanks, John
  9. OK - I've found some stuff that Barclays sent through that I'd forgotten about and hadn't opened. Just looked today and want some peoples second opinions on it. Have a look here for more details. Thanks, John
  10. I've just found a parcel that I had delivered from Barclays back in April that we'd forgotten all about. In it are the contents of my 2nd DPA request (I'd already received a copy of all charges as a list but also wanted a copy of the original agreement) which includes every action that has been logged by the Barclays Account Management System for my Account. I've uploaded some examples to here as a PDF file. The majority of the pages are like the first 3 in the PDF, with the odd page being like the final page. Could people have a look and tell me if they think I should include it in my Court Bundle/if its of any use at all. Thanks, John
  11. Thanks for that saintly_1 . Just putting together my court bundle at the moment. Aiming to get it sent off quickly to force Barclays to settle sooner since the Judge has given them 3 weeks from the date they recieve my court bundle. One quick question does anyone have any good threads for what extra to include in the court bundle when claiming for contractual interest? Haven't had time to have a good look just yet Thanks, John
  12. Spoken to both Krysta and Kate on the litigation team and apparently my case has been allocated to Paul Quinn. Trying to get hold of him at the moment but it seems like an impossible task!
  13. Hey everyone. I've just been allocated to the fast track (£15k claim!) got a court date of 15th August for a Directions Hearing, but the Judge has also issued an order that Barclays are to disclose their costs before the directions hearing. See here. Just wondering who people think is the best contact at the moment in the litigation team? John
  14. I actually filled at the court since the claim is for around £14,000. Had about 50 pages including the PoC and 9 different appendices(!) I've uploaded the order from the judge to here. From reading it appears that the Judge has ordered that Barclays have to disclose their costs before the hearing - am I reading it correctly? John
  15. Right - just got a letter from the Court this morning. The claim has been allocated to the Fast Track and I have a directions hearing on 15th August 2007 Just uploading what the Judge has ordered so you can all have a read
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