carter56 v Barclays

[slick132]

Hi Linda,

 

Don't be nervy about Court - it's quite informal and far less daunting than peeps imagine.

 

Take 3 copies of the Appl'n to have Stay Removed letter per Michael's post above - 1 copy each for the Court and Barclays and 1 for you. Ask for this to be considered if Judge suggests Staying your case.

 

However, I think your best bet is to ask Judge to Strike Out B's Defence for non-compliance with the Court's Directions. You have submitted YOUR Court Bundle as required and B's will NOT have done.

 

Read these threads - they're not long and will inspire you for Friday.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/93273-car2403-barclays-bank-court.html

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110829-court-case-next-week.html

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/111081-court-case-today-court.html

 

Good luck on the day.

 

Slick

[carter56]

thanks everyone for your help and advice. i am still not sure if i will turn up or not. i am quite mobile the operation i had was to remove my most of my bowel so as you might think i am feeling a bit low and no confidence i started back work today just doing 24 hours a week to get me back into things but i feel so low and i dont know if i am up to facing this not sure who's benefit it is for

linda x

[slick132]

Hi Linda,

 

You must be made of stern stuff to go through that and then DOING JUST 24 HOURS to get you back into things.

 

If you can make it to Court - fantastic. If not, well you know better than most at the moment that life has its priorities. And maybe Barclays isn't so important. Give it your best shot, though, so you don't regret it later.

 

Good luck and better health to you.

 

Regards Slick

[carter56]

thanks for that slick

i started this claim so fired up but now i have lost the plot. i am afraid of any questions they might ask and i really dont know the answers. can anyone give me a scenario of the type of questions they might ask and what my response should be. what am i claiming for again !!

sorry but i feel like i am back at square one

linda

[tezl]

hi,alot of posts ago i called you wonder woman because of your name now its for something different.

 

for what its worth and that might not be much,because i havent done it.

from what i have read on the site it seems that the actual legal fight re utccrs etc dose not happen.

 

from other cases on here it seems the judge asks if you have any thing to say after the stay has been asked for.

 

people then go on to say i have a letter opposing stay,which he says ah have seen this before.

 

you then say i would i would like defendents case struck out for non compliance because they have not bothered following courts directions.

 

verdict.

 

but hey they were settling before oft,but at back of mind it could be my case they defended,bet everyone thought that.so you tried to learn about things in bundle,just in case.

 

i made my mind up ages ago that when my day came i would have to go on the more human angle.have all legal stuff required yes because told to by courts,but argue utccrs and such without drink no chance people are different.

 

my argument would have been on lines of,still might be.

 

sir,over the last 9 months or so i have been preparing for this day it has most probably been the hardest thing mentally i have had to do.it has caused stress in family life and ill health,eg,wifes shingles loosing sleep bad temper.you get picture.(most of us will relate to this)

 

i have had to go through all this to reach this day,also it has cost me money i cant afford to loose,where so far it hasnt cost defendent hardly anything at all.money i will most prob loose if case stayed.

 

 

if he or she hasnt told me to shut up by now,carry on.

 

sir i was brouht up to respect the law and my kids have as well but it appears that if your a big organisation you dont have to,sir i have followed the letter of the law,in the best way i could the defendent has not and in my mind i am in the right for doing this.sir i think to maintain peoples confidence in our court system the defence should be struck out for non compliance of the courts instructions.thankyou for your time.

 

maybe crap thats me.everyones different and says it different,head high be yourself.

 

make um tough up north.

tez

[slick132]

Linda,

 

All I can say is read those 3 threads I linked above for some inspiration.

 

Go to Court, not to present your case like a Barrister, but to represent yourself as best you can on what may be your best opportunity.

 

Don't let your case fail by default - that's what you should try to do to Barclays!

 

Go Linda. Go Linda (in a Ricci Lake style). No pressure, mind!!

 

Good luck, Slick

[carter56]

thank you slick and tez you dont know how much it means to me to have your support well i feel abit better but will be glad when its all over thats if i go

thanks again

linda x

[hagenuk]

Hello Linda

 

I was the first one to reply to you on this thread, way back in January and have continued to post and read all the help that others have given you while all the time watching you grow and your confidence develop - and now this.

 

I have to ask. What are you playing at?

 

I appreciate that you have been ill and that the kind of surgery you have endured, along with the attendant symptoms, aftercare and inevitable consequences of your treatment will have been testing in the extreme, but what you are contemplating now is unacceptable. Unacceptable for you, to all the others who have posted on your thread and to just about everyone else on this site.

 

Not one of us will benefit from your attendance tomorrow, nobody who has helped you, answered your questions or guided you will get any money - but you will, yet you say you do not think you will go.

 

Read here for some details of what to expect then come back and ask about anything you are unsure of. Many, many people have done this - it's not at all difficult.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

Linda, if you can cope with all that you have in the last nine months then what is ten minutes sitting down in an office with a Judge going to be like? Barclays may not even send anyone, the Judge may just order them to pay even if they do, but if you are not there then what choice will any Judge have?

 

Go to Court Linda – go and get your money back then come back and tell us all just how easy it was.

[smutley]

Yes, please Linda go to court, Ive been following your claim (although not contributed) but as hagenuk says above with what you have coped with over the last nine months, ten minutes will be a piece of cake to you! Good luck xxxx

[oneofakind]

Guess what I'M going to tell you, Linda?

 

you owe it to yourself to take this trip to court. You've come so far already, and you've waited so long for your day.

 

We both started down this road at the same time, and nothing you have said in this thread over the past months has made you seem like the type of person who gives up on things. In fact, through all you've endured, you've set an example to others.

 

Go, Linda. Not for us, but for yourself.

 

D.

[torigirl_uk]

Please go Linda!

 

Its scary I know - when my date loomed I was like OH MY GOD, but mine was stayed and now I have nothing to do but wait out this Test case, you have the opportunity to get YOUR money NOW not later! It'll be easier than you think, these sort of things always are.

 

Take care

 

Tori

[saintly_1]

Linda ..... wheres the spirit that was gonna see you chained to the town hall steps !!!! or as i suggested Queen Victoria wish i could go with you to but i cant get the time off work otherwise i would be there.

 

Take care

 

Saint xx

[carter56]

thanks everyone for all your support. i have decided i am going to go. i dont know what will be asked of me but i think the one question that worries me is if the jusge says "why do you think the bank owes you any money " i remember a post somewhre on here and the judge asked did he think he had broken a contract with the bank and the person said no so the judge said well thats that so to speak. i am worried in case i give the wrong answers and worried that my bundle is wrong i must admit i dont understand half of it.

thanks once again i really do appreciate it

love linda x x

[hagenuk]

Linda

 

That was the infamous Berwick v Lloyds and thus far Barclays have not employed the same defence, that is to state that their charges are fees for a service rather than penalty charges.

 

You breached your contract with Barclays when you failed to ensure sufficient funds were in your account leading to payments being refused which in turn led to you being charged. You contend that these charges are penalties and not liquidated damages as they exceed the cost of rectifying the contract breach.

 

You are of the opinion the law is clear on liquidated damages and that, irrespective of any belief to the contrary held by Barclays and regardless of any agreement that you may have entered into with Barclays, the payment of excessive damages will be interpreted as a penalty and therefore the charges imposed by Barclays will be judged unlawful.

 

The fact that their fees do not differ significantly from those charged by other banks is entirely redundant. Given their clear, unambiguous and oft repeated statements that these fees represent the costs to their business and that they incurred them as a result of your breaching your contract with them then you should insist that they demonstrate this by letting the Court have a full breakdown of the costs to which they have been put, as a result of your breaches of the contract, in order to reassure the Court that these penalty charges really do reflect their costs.

 

Read the information in the link I posted above and read your copy of the bundle - you need not read and understand the case law, but you should understand the principle that charges made for breaches of contract must not exceed the cost of rectifying the breach or at least a genuine pre-estimate of the same. Banks and indeed anyone else, must not profit from charges levied for a breach of contract.

[carter56]

thanks hagenuk

this bit make so much sense to me now!!

 

"but you should understand the principle that charges made for breaches of contract must not exceed the cost of rectifying the breach or at least a genuine pre-estimate of the same. Banks and indeed anyone else, must not profit from charges levied for a breach of contract."

 

what should i say when barclays ask for a stay ??

anyone !!

linda

[saintly_1]

Have a read of the arguments in the application for the removal of the stay hun http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[carter56]

thanks saintly i have printed 3 copies of it. i am defo going to go come what may. i would just feel better if i truly inderstood all the legal jargon. that is what is worrying me.

linda

[saintly_1]

Good luck hun

 

[slick132]

We're all sending you good vibes, Linda.

 

Good luck, Slick

[carter56]

thanks everyone

love linda x x

[torigirl_uk]

Go get your money! We're behind you 110%

 

Tori:)

[carter56]

wish me luck just 2 hours to go

love linda x x x

[slick132]

God, Linda,

 

Don't do that.

 

Thought you were back and about to tell what happened. Sit down. Calm down.

 

OK, Linda, GOOD LUCK FOR THIS AFTERNOON. (in my favorite posting colour)

[torigirl_uk]

You're fine, go get your money and don't let them stay your case (well, try not to let them;) ) I've got all my fingers and toes crossed for you!!

 

I'm off to London this afternoon so won't know the outcome till Monday, but best of Luck and stand your ground - You know what they do is wrong and so do they, if not then hundreds upon hundreds of people wouldn't of got their money back!!!

 

Big email hug and ooodles of support

 

Tori:)

[carter56]

Hi Everyone

just to let you know i am back yes i did manage to summon up the courage to go but i am afraid i came back empty handed but not without a fight.

i arrived at court at 1.45 hearing set for 2 nobody else there but my self . looked on the board there were about 6 cases for the afternoon 1 for barclays the others nat west, abbey and lloyds. 2 mins to 2 and nobody else has arrived and i am beginning to think linda you could be in with a very good chance here if no one from barclays turns up and then bang on the dot of 2 pm comes in a small young blonde booted and suited female . hi i am catherine boyle here for the linda carter vs barclays - blah blah take a seat.

she sits opposite me and after a couple of mins she says excuse me are you mrs carter? yes i said and she looks at me as if to say come over here and talk but i stayed put in my seat and she had to pick her stuff up and come to me !!!

she explains that she doesnt work for barclays but the firm she works for have taken on many cases on behalf of barclays. she asks do i know about to oft case and i just smiled and said yes but let her chatter on . she goes on to tell me she is applying for a stay today and that she has been in this court and also in front of this judge and a stay has always been granted. i said nothing. she then says that even if something happened today and the stay wasnt granted she had been told by barclays to lodge an appeal.. again i just smiled and said nothing.

 

we were called into the judges chambers and we both introduced ourselves. the judge seemed a pleasant sort of guy and went on to explain about the oft case and that the cases coming before the courts now were being stayed until january. did i understand . i replied yes and he looked at the barclays rep and asked what she lwould like to say and she went straight ahead and asked for a stay. the judge then siad he was going to grant a stay and was i in agreement. and i said NO

 

well both of them looked at me and mouths open and the judge was looking over his glasses. i dont think that was the answer they were looking for !!

 

i pulled out the letter objecting to the granting of a stay and gave them both a copy. they read it and the judge asked me where had i got this letter from or who had given me assistance with it

 

the CAG i told him and he continued reading..he asked barclays had they anything to comment and it took her a few seconds to get her thoughts together.

 

to cut a long story short she didnt think that having a stay on the case would infringe on anything that was in the letter. she said she thought the alternative section was quite "draconian" . she was really taken aback.

the judge said although he was impressed with my bundle and with the letter but he couldnt find anything in it to make him change his mind and that he would be granting a stay but that my objection would be noted. he asked if i had anything else to say and i commented on how barclays had just appeared today without having sent a bundle in and just asked for a stay and expected it to be granted and that even if it had gone in my favour the barrister would have been unable to defend the case as she had no paperwork with her . to me that seemed to show disrespect to the court by not preparing a defence. on the other hand i had followed everything by the letter .

 

went we left i walked out with the barclays rep and she said dont give up keep going and if the oft case goes in our favour then she would be putting a couple of letters into halifax and nat west. i asked her if she had ever seen the objection letter before and she said never and that she was going to take it home with her this weekend and study it closer.

 

well at least i went and at least i tried

so roll on january

thanks for all your support

love linda x