Koala Attack Vs Barclays

[oneofakind]

Hi KA,

Slickwilly is right, they seem to be doing everything in turn. My settlement came 5 days before the court date!

 

Your turn soon.

 

[koalaattack]

Cheers guys!

 

It'll be more than worth the wait but I wish we could send a whole load of information to every court in the country showing exactly how Barclays are abusing the system...

 

Cheers,

 

KA

[koalaattack]

Hi guys,

 

Just about to send the letter and SOC to Sharon, I'm also sending them to the court just so they have a record of it. Bit annoyed at having to send them again as I know they have them and that this is just a delaying tactic (interestingly, Sharon hasn't responded to my email that I sent with the same details; I've also sent another asking her to confirm she has received it - so far no response) so I have added a little bit to the letter for the court just so they can see it's a stalling tactic too.

 

Here it is:

 

"Please find enclosed a letter and schedule of charges that was sent to Ms Sharon Daboul of Barclays Bank PLC Litigation Team in reference to the above claim.

This letter was sent in response to Ms Daboul’s request for my schedule of charges that she claims she has no record of despite an email from [NAME REMOVED] confirming that she had received them with my previous letter of 12th June 2007. A copy of this letter was also forwarded to yourself."

 

May be it's petty but it annoys me how Barclays are abusing the system like this.

 

Cheers,

 

KA.

[saintly_1]

I feel for all the trees barclays seem intent on us destroting in their stalling tactics

[koalaattack]

Yep, it's good that they've got in on these save the World events isn't it?!

 

Still no email confirmation from Sharon - may be the rest of you are keeping her too busy!

[koalaattack]

She's finally replied - said she was sorry about the delay but a lot of people from something called CAG (whatever that may be!) have been bugging her recently.

 

Gave me the whole "we're dealing with them in chronological order" statement so I replied and told her I understood and that I appreciate that they must be busy. I "helpfully" pointed out that Charlotte emailed me to tell me to contact them a month before my hearing to discuss a settlement if I haven't heard from them - wonder if she was aware of that or whether this email was "lost" with all of my SOCs I sent!

 

Cheers,

 

KA.

[koalaattack]

Hi guys,

 

Another twist...

 

Sent an email to Sharon today just to tell her I would have very limited access to my email from next Thursday to the following Monday so if she needs anything urgently it may be best to contact me before Thursday. A couple of minutes later I got this reply:

 

"I am out of the office until 6th August 2007. My emails will not be checked in my absence. If you have an urgent query, please contact Paul Haut: paul.haut@barclays.com"

 

Now the eagle eyed of you may have spotted something there... yep, my court date is 6th August. I just sent Paul this email and will let you know what happens:

 

"Dear Paul,

I am currently dealing with Sharon Daboul with regards to the above claim. I emailed Sharon today to let her know that I would have very limited access to email from next Thursday (26th July) until the following Monday (30th July) just in case she needed any further details during this time.

I received an out of office reply from Sharon explaining that she is now out of the office until 6th August so I would be grateful if you could confirm who is now dealing with my case. I have a court date of 6th August and would like to make sure that you have all of the information you require.

Her out of office said to contact you with any urgent enquiries, hence this email.

Many thanks,

KA"

I guess it's wait and seen now (again!).

 

Cheers,

 

KA

[slick132]

Hi KA,

 

Looks like you're shuffling along in that queue right up to the red line. Maybe even into Court. They really are a bunch of Bankers.

 

Slick

[saintly_1]

paul haut yet another new name

[koalaattack]

Yep, another one!

 

I posted on the Litigation Team: Good or Evil thread and explained the Sharon/Paul thing and someone advised me that Paul took a long time to reply. That sounded about right but then, to be fair to him, he replied within an hour of receiving my email.

 

This is what he sent, it's raised a couple of questions...

 

"Thank you for your email of today. I am covering Sharon's caseload whilst she is away on holiday.

I understand that the next hearing is a Directions hearing, on 6th August, and from reviewing the file it appears that we have the information we need.

Do you have a contact telephone number we can use if you won't be able to check your email?

Many Thanks"

I've highlighted the sentence which interests me... is Paul basically telling me that as it's only a directions hearing they aren't too worried and will only think about settling when I get a proper hearing date? Also, does anyone think/have experience of Barclays not turning up to a directions hearing and the case continuing? My understanding was that they would try to settle even though it is only a directions hearing as the judge would want them to provide evidence for their defence which they don't have. I'm a little confused as I thought the end was in sight but now I'm not so sure!

Also, I emailed him back and explained that my phone won't work where I'm going (festival in Cornwall). I really don't want to speak to him on the phone whilst in a field after may be having a beer and not having everything in front of me. I don't want to say the wrong thing. I guess they can't claim that I haven't given them a chance to settle because I refused to give him my phone number can they?

Anyway, hope all is well.

 

Cheers,

KA

[bigem27]

Hi Koalaattack, I have a hearing on Tuesday 24th July and the litigation team have only responded to one of my emails telling me that Dino was dealing with my case, (he's on Holiday tho) No responce so I'll bet they will be turning up on Tuesday. A good thread to read is "thespaceshanty v barclays" he's just been through the same thing last week and they turned up! Looks like they are prepared to drag it out till the bitter end. I dont understand it, it surely cost them more money???

Anyway best of luck but dont get your hopes up for an early settlement.

Bigem

[koalaattack]

Cheers for that, I'll have a look.

 

When you say they turned up, do you mean they turned up at the court and settled or they turned up at the court and tried to defend? I guess I could read it myself couldn't I?!

 

Cheers,

 

KA

[Micky the Hippo]

prelim hearing from what I skimmed, and their numpty got battered by the judge

[koalaattack]

Cheers Micky!

 

Seems like any form of court date is seen by Barclays as a time to try and settle then? I was interested in Bob and Wendy's thread where the judge gave Barclays 14 days to list all of the cases that they had defended in court or he would chuck out their defence and aware the case to Bob and Wendy - why aren't more courts acting like this?!

 

On the flip side, there does seem to be a number of people having to turn up to court and sit with a judge whilst Barclays don't bother coming. I can see how this is beneficial to us claimants but it does seem pointless - surely the fact that I have paid the £250 and secured a court date (albeit only a directions hearing) would indicate to Barclays that I am serious about this?

 

It's very frustrating at times.

 

I guess what I need is to know exactly what it is I am arguing and exactly what the CI is and why I am claiming it - I have my idea of each of this but I want to be 100% correct so that should I have to go to court in two weeks I will have everything straight in my head. I am going to sort three copies of all of the statements with the charges highlighed and all of the correspondence (SOC, letters, emails etc) so that I can have one, the judge can have one and Barclays' lawyers can have one.

 

Do you think I should send the draft directions that I have seen on here?

 

I'm a bit worried about this now as it does look like I may have to go to court in the end and I don't want to undo all of my work so far.

 

Cheers,

 

KA

 

PS Bigem27 - I've just realised the date, any news? Good luck today if you have to go, come and let us know how you got on.

[Micky the Hippo]

I've just sent off an AQ with an application for the defence to be struck out on the grounds that it's not sincere as well as the draft directions

 

I think the judges are conservative but are increasingly starting to act against the banks' blatant abuse of the court process and increasingly starting to strike out defences and adopt the draft directions

 

As for the banks settling, Barclays and NW have always waited to a week before or later, people seem to increasing report that B especially are being swamped with cases and are dealing with them on an urgency basis, I suspect that loads of cases now aren't being addressed in time to prevent a court appearance for the claimant (but not the defendant)

 

as for CI, it's been a while since I saw anyone get any (although I've not been keeping up properly lately), a few people have been roundly rebuffed in court claiming it and I suspect the banks now know that they don't have to pay it, the advice has always been to accept an offer of your charges plus interest plus costs

 

I'm not sure that there is a valid argument for CI at the moment M&R has defo been rejected by a judge and the fairness and something one is only the M&R one by another name

 

I'm still going to try for the CI element but it always been a bargaining counter afaic

[koalaattack]

Brilliant, thanks Micky.

 

How do I work out the figure that I should be cliaming then? I've always gone on the CI figure as this is included in my spreadsheet - how do I get it off so that I know what to claim?

 

Cheers,

 

KA.

[Micky the Hippo]

I see no reason to not claim all of it, I am, let them split it up and argue which bits they pay

 

I've claimed in the variance for

CI at unauthorised

CI at authorised

Stat interest

 

and supplied with SOC for each case

 

I think the POC is on my threads for B and NW

 

where are with things though KA, I thought you were well into things now? just ahead of me?

 

I used the Mindsai sheet that can calculate simple charges, plus stat, plus CI, if you didn't you could c&P your charges into it

 

what did you use to calculate your figures?

[bigem27]

Typical, Was going to tell you what happened at court today but am in Gloucester and court closed with flooding and no water and no electric, so nuffin to report, sorry....apart from B'clays did not make an offer of settlement and appeared as though they were prepared to turn up (simply to delay things further) Who knows when I will get my time in Court?????

Bigem

[koalaattack]

Bigem - that's terrible, I didn't even think about that. I hope you're place isn't too badly affected? May be it's worth emailing Barclays? Who knows. What had you prepared to take with you? I haven't been asked to bring anything with me but I figured I would take all correspondence (including the two emails from Sharon and Charlotte telling me they would be looking to settle before court) and then make sure I know everything I need to.

 

Micky - I've got my court date a week on Monday and I thought I was prepared. I figured I would make sure I sent everything through and make sure that it was all done by the book. I checked everything and made certain I did it all as per this site - hence the court date. Unfortunately I really hadn't banked on going to court so I'm loads more nervous now.

 

More and more people are being told Barclays are sending representation and I want to be 100% certain I know everything.

 

Sorry, but I need more help people!

 

1) what do I need to take? (I've not been asked for anything)

 

2) what is it I'm exactly claiming? As I understand it, bank charges I've paid are wrong as per act number ? as this states that it is unlawful for banks to make money from penalitive charges. Barclays need to prove that it costs them between £20 and £30 each time that I go over my overdraft etc.

 

3) how does CI work and will I have to explain this?

 

4) what do I need to know so that I don't ruin all the other work I have done?

 

I'm sorry, I thought I had nearly got this sorted (especially after the two emails) but now it seems there is a new twist. I'm going to have to go to court and I am scared.

 

Thanks in advance,

 

KA

[j.barton1]

Hi, I've posted on the other thread for you, just reading through your posts, try not to worry, i've had 2 directions hearings and a court date, 2 were barclays, both times they paid up before. At the last one last month(i was there for A&L) barclays paid everyone before the hearing. Best advise i can give is take 2 copies of what you think you'll need. Most of the posts on the mercantile thread are directions hearings, even though they were at merc, the stuff to take will still be the same (except CMI if they havent asked.)

 

HTH

 

Jenny

[koalaattack]

Jenny, you're a star - thank you so much.

 

And to think, I originally thought you were Joey not Jenny - how's that for a mistake? Couldn't have been further from the truth!

 

Thanks again,

 

KA

[j.barton1]

Joey...easy mistake for a koala to make LOL,

 

Anytime you need help, no probs, I've subscribed to your thread to keep up to date.

 

Jenny xx

[koalaattack]

Ok, so let me ask you this: On a scale of 1 - 10 (purely based on your experience/knowledge/feeling and I promise there will be no come back) what do you think my chances of getting all of the money, including CI, is baring in mind it could be over £6,400 in the end? 1 is no chance, 10 is 100%.

 

I really wasn't worried until today, I thought I was going well but reading around today has really got me thinking...

[koalaattack]

Hi everyone,

 

You may have seen this on the "LIT Team: Good or Evil?" thread but if you didn't here are some developments...

 

I spoke to a lady at Plymouth Court this morning to check that they had everything they need from me for my hearing and she was brilliant. I cannot thank her enough. She has put my mind at ease as I am worried and certain Barclays won't settle before the day.

 

Below is a quick version of what she told me, if you have a hearing coming up I hope this helps...

 

1) don't panic

 

2) the only people who will be present will be you, a judge and (in her words) Barclays representative if they bother to send them

 

3) the hearing will be in a relaxed environment in a room not a lot bigger than a front room - that said, make sure you're looking smart so no shorts etc!

 

4) unless you've been specifically asked to bring something else, your POC and SOC that you submitted with your N1 will be all the judge needs at this point - if you have anything else you feel the judge should see then you are free to bring it (I have two emails from two different members of the LIT team that they want to settle before court so I'm taking them)

 

5) the hearings are only a very short time so the judge won't be asking you loads of questions - as I am claiming CI I am sure I will get asked about this so I am going to make sure I know exactly what it is and exactly why I am claiming it... if anyone can help me here I would be massively grateful, thanks!

 

6) The banks very often settle at the very last minute so don't rule this out, but be prepared for the hearing anyway

 

7) They cannot say that it will be a final hearing as there may be other details the judge will need to consider, there is a good chance the judge will rule in one way or another at this time though as they don't want to waste anymore time

 

Most importantly she said not to worry. She said the fact that Barclays have emailed to say that they would be looking to settle before court indicates that they are almost admitting they owe me something. She was very positive and really helped.

 

Taking her initiative, I sent Paul Haut and email earlier that went like this:

 

"Dear Paul,

I spoke to Plymouth Court today to make sure that they had all of the documentation they need ready for the hearing on 6th August.

I was advised that I should contact you one last time in order to try and settle the claim out of court. As you are aware, you will be unable to contact me for a few days from Thursday afternoon and therefore I felt it only fair to contact you today in order to give you as much time as possible before the hearing.

I hope this is helpful."

I figure this will generate one of three responses: none; "thanks but we'll be represented at the hearing" or "we would like to make you an offer to settle" but at least with two of them I will know one way or the other!

 

I'll keep you posted with any replies/updates.

 

Cheers,

 

KA

 

PS I'm going to prepare a bundle of everything I have used/sent/recieved etc but really need to understand CI as I know this will be the question I get. Can anyone help me with this please? Thanks!

[j.barton1]

Ok, so let me ask you this: On a scale of 1 - 10 (purely based on your experience/knowledge/feeling and I promise there will be no come back) what do you think my chances of getting all of the money, including CI, is baring in mind it could be over £6,400 in the end? 1 is no chance, 10 is 100%.

 

I really wasn't worried until today, I thought I was going well but reading around today has really got me thinking...

Hi, Just read the post.

 

CI is a tricky one, I claimed 8% interest with no arguements at all, i also claimed lit in person costs where i had difficulty with them. Barclays will argue over it. The only cases that will see a court room tend to be the ones with CI.

I think you have got to seem reasonable to the judge, but i dont understand much about CI, how much is the interest..is it 16%?

Back to your original Question, I think your chance is about 7-8 mainly because barclays do not want to go to court, and if you phone the lit team, these guys have neverbeen to court either, do'nt let them fob you off and you'll probably get what you want.

Jen xx