Crash v Barclays2**won**

[thespaceshanty]

Very true... well we shall see what happens in court and if thier guy actually turns up... if he does hes has a lot of explaining to do which we know he won't...

[kippy2]

omg i dont believe it! .:o

 

good luck tomorrow

[sandbag]

Thinking about you mate - i wish you the best of luck.

 

Speak soon XX

 

Sandbag.

[crashbandicoot]

Right peeps, I'm back. I didn't get the costs. BUT it was a really positive experience and I'm so glad I went, so all is not lost.

 

There was a young and friendly guy representing Barclays, and he was already there when we arrived. He suggested we have a quick chat in one of the consulation rooms. He had never seen my bundle, and wanted to clarify that we were only arguing about costs. He was very impressed with my bundle and asked me if I was in the legal profession (LMAO!!) I was like noooo!

 

Anyway we were called into the court room and a lovely smiley judge was waiting for us (kind-of bearded Dennis Sutherland). As soon as we sat down he said 'finally, a bank claim that has come before me'. The Barclays guy soon deflated his excitement by nervously (he was as bad as me!) explaining that they were prepared to settle the claim in full except for costs. He gave his arguments for the reasons why costs shouldn't be allowed, to which the judge then looked at me and asked 'to which your arguments are?'

 

I explained as best as I could as said in my opinion the banks had never intended to take this to court, unreasonable behaviour and an abuse of the court process etc. I didn't say very much, in fact I forgot to mention Mullen V Hackney and the Lincoln Abuse order, but I think the judge understood where I was coming from, and thanked me when I was finished.

 

After that he was the one who spoke the most, basically saying that rules for costs in small claims are quite clear and that the 'unreasonable' argument is very wide. He looked at my schedule of charges and because most of them were pre-6yrs he said Barclays made the right 'commercial' decision, albeit late to settle in full. He did mention that had this claim got to court, Barclays would have had sound arguments for the limitations etc. He also mentioned the penalty v service argument. Finally he finished to say that whilst I understand your frustration of them settling days before court, in claim after claim after claim, on this occasion he wasn't prepared to stretch to allow costs, because technically Barclays had done nothing wrong...even though it may seem like it.

 

However I think that because my claim was pre-6yrs, and CI the judge did make a sound and fair decision, and I would say that in my opinion the same WOULDN'T apply to anyone else who may wish to try for costs, because I had already successfully done this so this got a bee in Barclays bonnet.

 

The judge concluded with a stay order in which he advised Barclays to cough up the claim settlement figure within 14 days. He added, smiling to me, that should this not happen, you can re-apply for this hearing, and glanced across to the other guy saying somehow I don't think they will let that happen though. The Barclays dude said the cheque is in the post, we thanked each other and he left.

 

As I was leaving the judge smiled again and said I was really hoping that this would be the first bank claim I could hear, but that's not going to happen. We said thanks, and left.

 

In the lift the Barclays guy confirmed that a cheque for settlement should be with me within the next day or so.

 

SO to sum up, whilst I didn't get costs on this occasion, this trip to the court taught me a lot...mainly that it's not as scary a place and situation as it looks and that the judges are really on our side. He didn't make me feel inadequate or stupid, or as if I shouldn't have wasted his time. He understood my reasons, but ruled the costs out on this occasion, which is fair enough.

[Micky the Hippo]

congratulations crash, well done you

 

and thanks for that splendid review of what went on

 

bravo

[lthomp192]

There, what did i tell you, you ARE a "Hero" I think you are a very brave person, you did us all a big favour by testing the waters and came out on top. Non of us will have any doubts about claiming what is rightfully ours any more,because you have done it and gone the distance and come out smelling of roses. and you've cleared up a few little pointers along the way, such as what the judges will acept and what they will frown upon. So again VERY WELL DONE Crash, i'm really pleased for you.

B.T.

[Karne]

Big CONGRATULATIONS Crash xxx

 

You deserved to get those costs - I know how much work you put in to this claim.

 

Glad it wasnt as bad as you thought

 

WELL DONE xxxx

[Mr lex]

Well done, Hun, Again !!! Brilliant work and well played. As Bill k said to Bong. Next time you fight a bank, I'll hold your coat and say ' Thats my mate that Crash you know'

 

xxx

 

Lex

[crashbandicoot]

Haha, thanks Lex, I am blushing now!!

[Micky the Hippo]

and let it be noted that another claim for full on contractual interest at the unauthorised rate has been settled in full before the court date

 

I really do think people should claim it routinely

[kippy2]

and let it be noted that another claim for full on contractual interest at the unauthorised rate has been settled in full before the court date

 

I really do think people should claim it routinely

 

which ones that then? and which bank?

[Micky the Hippo]

the claim on this thread

 

I've got two on the go with full CI and I'm watching a few claims running ahead of mine

 

two of them settled this week in full

[crashbandicoot]

Cheque for £1450.91 arrived this morning in an unmarked envelope, with no letter attached. They cut it very fine, as had I not received it by tomorrow, I'd be faxing the judge about their disrespectful attitude!

 

So this one is also settled in full (except costs), including C.I., pre-6 yr charges, daily interest etc.

 

Thank you all once again for your support and encouragement.

[Micky the Hippo]

yah!

 

Thank-you for paving the way and showing what's possible

 

B insulted me with a 30% offer today, tsk

 

I'm surprised they didn't crumple the cheque and leave a few coffee rings and some jam on it

[livelylad]

congratulations

[sandbag]

Well Done i'm really pleased for you - you were very brave!!

 

Regards

Sandbag.

[lthomp192]

Well done Crash. now enjoy. they paid up on the eleventh hour as usual, they just can't help themselves can they!!!!