Mikes mum v Barclays

[slick132]

Moggy,

 

No, you go to Court and smile sweetly when the bank rep tells you they'll be getting the case Stayed before the Hearing.

 

Go in to see the Judge and, assuming B's have NOT filed their Witness State't, ask for their Defence to be Struck Out for non-compliance.

 

B's will simply ask that the case be Stayed and THAT is what you need to avoid by producing the anti-Stay doc'ts.

 

Sorry if I'm not precise here but I'm not sure what the Court Directed previously. Is this a full Hearing.

 

Slick

[moggieb]

Thanks again for replying. I think this is the full hearing. We received the paperwork the week before this test case reared its ugly head!! 'Notice of Allocation to the Small Claims Track (Hearing). Should take no longer than 45 mins. Page 2 is headed 'Note for Litigant in Person' and first paragraph states 'You have been ordered to file & serve witness statements before the final hearing in this case'. It then goes on to explain what this means, who can be a witness, how the statement should be presented and the consequence of not complying-ie case may be adjourned. Not been asked for court bundle.

[slick132]

Sorry if I'm being thick - This is NOT your full Hearing and you've filed Witness Statement as required.

 

Before I mess up, I'll ask Saintly to look in and check you are safely on track.

 

Slick

[moggieb]

Hi Slick, again thanks-your advice at this stage is much appreciated.

 

Rang court on receipt of Notice of Allocation & asked if I had to submit anything else other than a witness statement & was told no. I'm ringing (or may call into) court tomorrow to see if Barclays have submitted their statement or application for stay as their letter to us of 7th August regarding the test case said they would apply immediately. I think I may prepare a basic bundle just in case.

[moggieb]

Oh, not full hearing-don't know whether to be , or even maybe just:eek:!!!!!!!!!

[slick132]

I'll go with the just now.

 

Please seek further advice before preparing a Court Bundle.

 

Don't contact Barclays for any reason - let sleeping banks lie (they're good at that).

 

Slick

[slick132]

SAINTLY,

 

Did you get my PM re MoggieB last night.

 

Didn't mean to shout,

 

Slick

[saintly_1]

I did however other than taking 3 copies of the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 she seems to have done everything that the court has asked

[slick132]

Saintly,

 

Much appreciated, Slick

[moggieb]

Slick & Saintly-your advice & assistance is very much appreciated. I rang the court today and spoke to a very nice lady who informed me that Barclays have not yet submitted their witness statement or applied for a stay-nothing unusual there then eh? This is the actual hearing-don't need a bundle just the correspondence between ourselves & the bank in case the Judge refers to anything in there. She also that in most cases the banks weren't applying for the stay in advance of the hearing just asking for it on the day. All cases at my court-Wolverhampton- were stayed today except one. So will print off the objection letter x 3 and wait. This time next week it'll all be over and we can forget about it for a while. Thanks again guys n gals!!!!!!

[slick132]

Moggy,

 

We're all cool now. Whether it's a final hearing or not, your strategy remains the same.

 

1) Strike Out B's Defence for non-compliance

2) Avoid any Stay because of item (1). Stay is inappropriate because Barclays will fail to comply with the previous Directions.

 

So, never mind forget about it for a while. This should be it - case over!

 

Slick

[moggieb]

Ok-court tomorrow-10am and am now really bricking it!! Have spent the last few hours reading as many relevant posts as possible and going over and over in my head what to say. I know that come tomorrow my mind will go blank and I'll be struck dumb (OH says this second will be a first,haha). Right.......

Copy of all correspondence-check

Application to strike out for non compliance x 3-check

Application to remove stay x 3-check

Big dose of courage & confidence-well I'm working on that!!!!!

Will post result asap.

 

Anybody else in same position-good luck.

[slick132]

MoggieB,

 

Good luck in Court - I'll keep things crossed for you.

 

Post up when you're back,

 

Slick:cool:

[tezl]

have a good one,

tez.

[tonycee]

[moggieb]

Mille gracias guys. Tony-how the hell do u do that????????

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html#post1151870 have a read there tells you how to do all sorts

[moggieb]

AHHH,thanx saintly-takes a woman 2 know one!!!!!!!!

[saintly_1]

[saintly_1]

 

 

[tonycee]

Yawn

[slick132]

Oops,

 

Excuse me, I must have hit the wrong button.

 

I was looking for the CAG website where serious people discuss legalities and finance and stuff.

 

Tony, I think you may need help - I'll look for Graphics Anonymous on Google and will post you back a link.

 

Slick

 

PS I was joking and apologise if my attempt at humour was in any way misconstrued. Tony, your graphics are great and I love them - I just can't compete with them!

[tezl]

told you any one who can do that is dangerous.

[tonycee]

........................

[moggieb]

Tony, demand you put it back. It brightened up my thread and my day-case was stayed.