The Shadow -v- Barclaycard

[the_shadow]

Ok to update the thread, I had my court date which was for next Thursday.

 

Yesterday received notification from Lovells that they have been asked to represent Barclays and that they wanted my consent to re-arranging the hearing date and asking for a 2hr listing instead of the 15mins the court had allocated. They gave me 24hrs to respond to the email, they also followed this up with a phone call after 5 last night and the postman turning up at 7am this morning with a Special delivery letter from them:mad:

 

I've replied back this morning saying I'll agree to the re-arrangement if they pay my lost holiday day in compensation as I cant cancel my annual leave for that day. I have however asked for clarification on why they think a 2 hour listing is required for a standard CPR hearing.

 

I await there response.

 

S.

[slick132]

Hi TS,

 

Have to see what the judge says in response to their request.

[the_shadow]

Hi TS,

 

Have to see what the judge says in response to their request.

 

Yep agreed, I've sent the response to the solicitor and am going to forward a copy to court also, show the judge I'm being reasonable even thought they've had 40 days to get this blinking sorted

 

S.

[the_shadow]

Just got off the phone to the courts, hearing for tomorrow has been adjourned, awaiting date for revised hearing.

 

S.

[the_shadow]

Ok finally received details from the court now:

 

Hearing has been re-listed for Sept and 2 hours has been estimated. Skeleon arguments to be filed and served not less than 2 days before the hearing.

 

Hmm never even looked at a skeleton argument before, will need to search around the site for details, I have a rough idea of what goes in it

 

S.

[Spamalot]

Hi Shadow,

 

This is a skele from IGNM's won thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st-5.html#post2147629

 

I hope its of use to you.

 

Good luck,

 

Spam.

[the_shadow]

Hi Shadow,

 

This is a skele from IGNM's won thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st-5.html#post2147629

 

I hope its of use to you.

 

Good luck,

 

Spam.

 

thanks Spam, I'll take a look at that.

 

I aim to post up something in the next couple of weeks and then refine just before posting to t'other side

 

S.

[Stressed150]

Subbing and good luck TS..xx

[meerkatsmimm]

subbing Shadow,

 

All sounds good so far.

 

meerkat x

[the_shadow]

Update:

 

Well small victories and all that

 

Had letter from the ICO today re: SAR non-compliance complaint against MSDW themselves.. they claimed to ICO that they had not received my SAR or my 3 chasing letters

 

Unfortunately for them I could advise that MSDW had in fact passed these on to Barclaysharks to complete and hence MSDW had breached the data protection act in not advising whether they held data or not which is what I requested them to do.

 

ICO is instructing them to clarify the situation on whether they hold or are processing any information on me at all.

 

S.

[Spamalot]

Well done you..

 

Spam.

[bazaar]

LOL, Oh dear,

[the_shadow]

Right, just starting on my skeleton, can anyone tell me how much detail I need to put in there...

 

I'm planning to cite other cases that support my view but do I need to quote the relevant passages or do I just need to indicate where in the cases/judgements I am referring to?

 

Also do I need to include the portions I am referring to as evidence attached to the skeleton or is it just enough to expect the judge to look up the references?

 

S.

[slick132]

Hi TS,

 

Would you like this moved to the Legal Issues forum where you may get more appropriate input.

[the_shadow]

Hi TS,

 

Would you like this moved to the Legal Issues forum where you may get more appropriate input.

 

Hmm, think you might be right there... Yes please.

 

S.

[slick132]

Thread moved as asked and re-quoted post #38 onto new page for attention.

Right, just starting on my skeleton, can anyone tell me how much detail I need to put in there...

 

I'm planning to cite other cases that support my view but do I need to quote the relevant passages or do I just need to indicate where in the cases/judgements I am referring to?

 

Also do I need to include the portions I am referring to as evidence attached to the skeleton or is it just enough to expect the judge to look up the references?

 

S.

[the_shadow]

Eeek no help on the skeleton then oh well I'll have to go it alone...

 

Can anybody help with some case's I need to look at....

 

Steamship Mutual vs Baring asset management ltd (2004) EWHC

XL London Market Ltd vs Zenith (2004) EWHC

Birse Construction Ltd vs HLC Engenharia E Gastao de Projectus SA. (2006)

 

 

Anyone have sight of these I'd appreciate looking at a copy.

 

S.

[slick132]

Hi Ts,

 

Have you checked in the library - The Consumer Forums - Cases

 

I think there are also links there to other sources.

 

[the_shadow]

Hi Ts,

 

Have you checked in the library - The Consumer Forums - Cases

 

I think there are also links there to other sources.

 

 

Cheers Slick, found the link to BALII through the library

 

S.

[the_shadow]

Well, I'm not a happy bunny today... its been a month-1day since ICO wrote and said they would be informing MS that they need to write to me and nothing has been forthcoming at all from MS.....

 

Cant be bothered to go back via ICO, I have there ruling in paper format now so will write to MS giving them another LBA, but this time including a copy of the ICO letter which I will produce in court in support of any application against them

 

S.

[the_shadow]

Witness statement from Barclays turned up today

 

The expected...

 

"Mr ..... is not entitled to this document" "This document is over 10 years old" and expecting Barclays to "comply would place an excessive burden on them", "Barclays has met with all its obligations as per DPA and s78 act" and "it would be unreasonable and disproportionally expensive and time consuming for Barclays to go beyond the requirements set out in the act in respect of every customer who requested it to do so."

 

 

Just waiting for the skeleton argument from the other side now

 

S.

[bazaar]

Thats so laughable, if they know the document is over 10 years old, surely they must have looked at it and thought OH OH, its not an executed agreement. Most likely the damn thing doesnt exist. I believe the CPR allows for you to inspect the document though, so although they say youre not entitled to the document, you could politely ask to have sight of it.

Also, if the document contains data relating to you, then I would also think they are in breach of the Data Protection Act, Hmmm the plot thickens:p

[the_shadow]

Thats so laughable, if they know the document is over 10 years old, surely they must have looked at it and thought OH OH, its not an executed agreement. Most likely the damn thing doesnt exist. I believe the CPR allows for you to inspect the document though, so although they say youre not entitled to the document, you could politely ask to have sight of it.

Also, if the document contains data relating to you, then I would also think they are in breach of the Data Protection Act, Hmmm the plot thickens:p

 

 

Yep, all noted for the hearing

 

The skeleton will be done by the outside legal firm and will be why this case doesnt merit CPR 31.14, just have to hope PT's arguments stack up and I can convince the judge.

 

I think I might write and make an offer to them, show willingness to settle this out of court but on my terms.

 

S.

[bazaar]

Hang on there Shadow, Maybe you need to see sight of the original document before making such an offer, which will in effect leave the door open for them to claim you admit the debt. I know its tough some times because these 'legal teams' act like such *****, but thats their job, ( Most of them are though in real life:wink:).

Believe me Ive been there and got the tee-shirt. Its really hard not reaching across the desk and throttling them for their smarmy attitude.

Its a game they are playing, you can make an offer right up to the steps of the court, so maybe keep the game going longer, argue why you need sight of this very important document, regardless of the cost to Barclays, Offer to pay for the photocopying if that will help them fund it, because you know they are on hard times. Youre being reasonable in your requests, they obviously have the document dont they:roll:. The only offer I'd make personally would be 50 pence to cover photocopying the document that contains your personal data.

[the_shadow]

Hang on there Shadow, Maybe you need to see sight of the original document before making such an offer, which will in effect leave the door open for them to claim you admit the debt. I know its tough some times because these 'legal teams' act like such *****, but thats their job, ( Most of them are though in real life:wink:).

Believe me Ive been there and got the tee-shirt. Its really hard not reaching across the desk and throttling them for their smarmy attitude.

Its a game they are playing, you can make an offer right up to the steps of the court, so maybe keep the game going longer, argue why you need sight of this very important document, regardless of the cost to Barclays, Offer to pay for the photocopying if that will help them fund it, because you know they are on hard times. Youre being reasonable in your requests, they obviously have the document dont they:roll:. The only offer I'd make personally would be 50 pence to cover photocopying the document that contains your personal data.

 

All noted, but any offer I'd make would be under "without predujice rules" .... and the offer would only be in regards seeing the document.

 

S.