Problem you have aude is that their deadline is this Friday and your hearing is Tuesday so the court would likely allow them to produce it on the day. Having said that, I suspect that if they do turn up, Barclays will not present a Bundle but, in lieu, an application for Stay. So I would take pre-prepared Objection to Stay, N225 (asking for Judgement by Default as no bundle=little case of success if case proceeds) plus, if you haven't already submitted it with an AQ, the DRaft Directions requiring Disclosure by Defendant. The outcome depends on the inclination of the judge on the day; he may welcome the application for Staying and grant it regardless of your argument against such, he may grant your judgement to conclude the claim immediately or he may be willing to proceed to trial and order your draft Directions. Hence you should take all three documents so you have a strategy for any of these possibilities.

I think Dar£n meant hand deliver it to the court - that's the crucial recipient. Regards Barclays, copy, send it with a covering letter dated 2 days ago and send it registered today. You can of course legitimately hand deliver Barclays' copy to your local branch and have them do the work of forwarding to head office (after all you local branch staff are also the Defendant, Barclays Bank plc). It's your local county court that have set the deadline and as long as they get it by at latest tomorrow, it's unlikely to even be noticed as late. However, if you can get it in to them today, you've complied. Barclays aren't on the ball about things like that and wouldn't make a point of it anyway since they themselves have failed to comply (and probably have your claim tucked away in a filing cabinet with thousands of others).

"Hi welshcakes, are you a solicitor by any chance ?" - Olden, wash your mouth out with soap immediately! LOL No, not a solicitor however my work requires expert witness reports and appearances from time to time and I self litigated against a team of barristers via the Cardiff Courts some years back. My daughter was originally hellbent on following in her Uncle's footsteps to become a Barrister until she concluded that she was far too nice a person I suspect that since there are a large amount of paper Objections, our judge will certainly pause for thought, however since the Stay was of the court's own volition and not the result of an application, I remain the cynic and expect the Stay to remain in force.

Hi Firefly What a frustrating (and wasteful) time your court hearing turned out to be. Sadly, you are not alone. I can't see much purpose to re-applying your Stay Objection where it has already been presented and rejected by the presiding judge - even if you were to be allocated a different judge to consider it, it's unlikely he will undermine his fellow judge by over-ruling. Every time you post on here and log in to read your replies, add it to your £9.25 per hour Costs

I appreciate and understand why opinions are differing in respect of whether you have a valid follow up claim however the argument I have prepared in response to any potential suggestion that I have abused the process by splitting the claim is that I did not elect to split the claim, the bank did so and by their own volition. Where the bank offered a goodwill settlement specifically and only in relation to an itemised portion of the charges made against the account, then you have legitimately and reasonably addressed their offer by agreeing to dispense with these particular charges (by way of accepting an offer that they freely proposed). The bank, by making an offer knowingly addressing only a sectional period of the account life, have themselves effectively split the dispute so they cannot now argue that such a split is discriminatory or prejudicial to their Defence. If someone borrowed my lawnmower and my hedge trimmer, if they freely agree to return my flymo, it in no way lessens or negates the legitimate action that I subsequently have a right to take in order to address the matter of the outstanding trimmer.

"Although, of course, B's will say they never rec'd it. Funny that!" ... exactly, which is why everyone going to court should take with them print-offs from the Royal Mail website proving that all the registered mail you sent to the bank was received (this is accepted evidence even for the instances where no electronic signature was acquired).

Hi Smutley It would be lovely to hope that the judges, newly suntanned and refreshed will return with a song in their heart and the milk of human kindness flowing. I've dealt with Judge Hendi about a dozen times over the years and have regrettably not found him very flexible or willing to reconsider once he's made his mind up. Judge Hicki has always appeared by contrast, more willing to explore and actually listen to the fairness of arguments on a case by case. Hopefully, the pile of Objections that greets Hendi will persuade him that the decision to blanket Stay is extremely unpopular with Welsh Claimants and that he could earn some good PR Brownie Points by listening to the people

Spot on advice from oneofakind. I would also add, do not contact Barclays and tip them off that they are in non-compliance; they have likely overlooked the paperwork and aren't aware of the situation so you do not want to alert them to it and have them put in a Stay application before you get your judgement in. Attach a copy of the previous Directions to you Judgement by Defualt form and highlight the bit that states the Defendant has to submit by xx/xx/xxxx. If possible hand deliver it to your court so you can go through it with the court staff member and ensure he/she knows exactly what you are seeking and that you want it processed asap.

Hi Bolli As long as you sent a SOC to both the court and the bank after filing your claim (and this would need to have been registered mail so you have proof of the bank having received), their 1st Defence point is negated. They put this exact wording for all MCOL route claims (and some local court ones) just to cover themselves. If your POC or SOC are considered summary/too vague/brief by the court, they will write and order you to submit more detailed paperwork. Nothing more for you to do but to wait for Warrington CC to get in touch. You may get a leaflet/letter from Barclays advising that they are applying for a Stay but carry on as usual unless the court notify you that it is ordering a Stay - in which case you will then apply to have the Stay lifted

"On the £5 issue The phrasing of this is quite deliberate. The £5 estimate is done because when analysed a £2.50 to £4.50 costing was given." Any idea where I can view this 'analysis'?

They'll be fine about that but if it does turn out to give leave to Strike Out, you would be best getting a copy either by having it faxed to you (which they may refuse unless you put a fax contact on you original N1) or by popping in and getting them to photocopy

Ah well Carlito, the expected outcome but nevertheless, always worth a shot. Out of interest, the Stay application made by Barclays, was it on a correct court form with a fee paid?

Hi Lindy I wouldn't bother preparing a court bundle as it's a pretty big batch of paperwork and if you serve one on the court, you would be obliged to furnish Barclays with a copy too (and keep a third print of it for yourself). What I would do is sit tight and unless you are issued a written Notice of Stay from the court, attend the court Directions and take along 3 copies of each of following : Draft Directions, a prepared N225 (just incase judge is a nice one) and the Objection to Stay (just incase the judge wants to discuss suitability of Staying at the actual Directions). Don't enter into anymore discussions with Barclays and hopefully they won't turn up and you can try a long shot at having the Defence Struck Out for abuse of process (ie they had no intention of turning up for court to defend so just award me a Win).

Hi Sam Re location of Trial TICK YES State that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you. Furthermore you point out that you are disabled and will be recovering from major spinal surgery. [Name of your elected court] provides the only practical option in terms of travelling and parking suitable for your physical requirements. They don't normally switch courts because it means extra paperwork etc and they would have to have a very good reason that overrides your physical needs - and that would be totally un-PC of them because then you could make a complaint on disability discrimination! RE - What amount of the claim is in dispute Stick in the figure you cited on POCs. The court will automatically presume that the 8% Statutory Interest is accumulative. Re - Trial or final hearing I know where you're going with this one, you're thinking if you tell them you aren't available for til late Autumn, the judge might be inclined to slap a Stay on it as it will then be only a few more months wait til the OFT Test is in full swing. Not sure really but I would be inclined to just quote your operation date + 1 week after. At least then you get the soonest available date possible and with the Draft Directions, when the bank don't comply with their part (disclosure), you can go for Strike Out and perhaps never have to attend the hearing anyway. With all you meds etc and having dopey moments, it would be any easy oversight to make

Hi LL Unless the court has written to you vacating the 28th September (ie cancelling your hearing), then you proceed as normal and go to court. How long is the hearing for (5,10 mins or 1 hour+) and did it state on the Notice of hearing what sort of hearing it is eg Directions, Preliminary? Litigation aren't responding unless they need to and quite honestly I wouldn't have emailed them anyway - you may have tipped them off about the court hearing which they may not have attended otherwise (when the bank doesn't turn up or make a written representation, it give you, the Claimant a perfect opportunity to get their Defence Struck Out). Have another read of the Directions (or post the exact wording on here if you like); otherwise, ring the court and ask what sort of hearing it is on the 28th.

Quite right too BC! Barclays didn't even require sight of my breakdown (expenses not literal) when I went for non-compliance claim, they were tripping over themselves in the end to avoid going to court. I would say however that they played the game til a few eeks before hearing date; entered Defence etc. It was only when I started emailing 'rigorously' with a member of the BLT (Adrian Ruffhead) that Barclays suddenly changed their approach and entered into 'meaningful dialogue' instead of spewing out automatied and entirely irrelevant responses. They took so long that after they sent the first cheque, I pointed out that my costs had increased, quoted the increased figure in an email and hey presto, a second cheque was sent with a letter desparate for me to confirm I would be discontinuing. All this after an initial stern Defence which was littered with factual errors. Non-compliance is not one they can even contemplate winning and it has no relevance to the Test Case. If you are asked for a breakdown, make sure it states 'up to xx/xx/2007' so you are able to update/increase it as you go along'/

Great news Clubber and a well deserved victory after quite a slog for you. Very pleased for you

Hi Adam It makes no difference if the Defendant intends to apply for a Stay - they still need to be complying with the timetable of the court in submitting Defence etc - if they don't, you go for Judgement by Default. Any letter/leaflet from Barclays regarding Stays or action they intend to take on your case (apart from settling) is irrelevant inasmuch as it has no authority impact on your case. Keep going as normal, comply with court directions, attend hearings and at any opportunity, try and secure a Strike Out for abuse of process/non compliance.

Hi Druids If the court ordered directions that the Defendant should submit an AQ by an certain date, and they have failed to do this, then yes, you have good cause to request a Judgement. Ring the court and make sure they haven't received the AQ. The judge may well say it isn't a 'serious enough' breach of process to warrant a Strike Out of Defence and often the court just decides to write a reminder to the bank giving them another week say - it is wrong if you are looking at playing by the rulebook, however the judge does have power to make 'allowances' based on what he/she feels is most reasonable and efficient in the fair handling of the case. Many judges feel letting the bank ignore timetables constitutes fair handling - hmmm!

Hi BC You tick No on the Human Rights box. Should you need to attend court, the £50 applies as your costs for Hearing Attendance and as I understand it from a Magistrate friend, is meant to reflect time which you are compelled to be at court which you would otherwise be utilising freely (be that working, shopping, sitting at home watching daytime tv - is irrelevant as it is still a burden on your time). The Attendance Allowance incorporates the £9.25 hourly rate as you would be expected to be giving your full attention to the matter during that time anyway and you can't double count it. If however the court timetable is delayed for example and you are required to remain in on the court premises for more than 4 hours, you can additionally claim £9.25 for each partial hour (eg 20 mins = £9.25, 1hr 5 mins = £18.50). Furthermore, you can claim costs of one purchased meal and refreshments over 4 hours. You can additionally claim £9.25 for the travel time to and from court (as well as mileage ay 40p per mile & parking). To present this at the hearing, you would need to present an 'Estimate of Costs' breakdown ie one that includes the reasonably anticipated costs you expect to incur on that day. At worst, if you have over-estimated, the judge can require you to do a quick recalculation and knock off the small difference.

Hi Okay so it's reasonable that phone logs are kept for the life of the account whilst it is open, however I'd like to know if that means they are disposed of once the account is closed, six years after the account or perhaps longer.

Hi BC Technically, you should only be including costs incurred after the other party has failed to comply. The £9.25 applies to the accumulated time you have spent up to (and including actually attending court).

Well in an ideal outcome to the Test Case, we could all amend our POCs to include Contractual Interest - that would be a rosey bonus for us all having this delay - but I don't think in reality the court findings will allow for that. In my opinion a set amount will be deemed acceptable (based on a complex and ultimately flawed formula) and all claims will be settled in full minus this amount (with 8% allowed). I bet they will wriggle out of Contractual Interest being permitted.

Hi CJ The banks still have to comply with your SAR within 40 days as this is already written into existing law (the DPA). The Test Case isn't anything to do with this law and it still stands despite the High Court Case about bank charges. If they don't comply send them a non-compliance letter on Tuesday.

HI FP Are you saying that you decided not to claim CI after all and that the interest the judge felt was contentious was the 8% APR? I've never heard of any judge granting a Stay purely on the grounds of questioning the validity of the 8% element to a claim. Did you use the spreadsheet from CAG for your SOC? It automatically calculates the 8% for you.