Smutley V Barclays

[smutley]

Just to clarify, please can someone let me know if when submitting form N244 to update my POC's and SOC's that I do not need to submit a new Claim Form N1 - sorry to be a pain but in view of what EBM has received, I need to be 100% sure.

[smutley]

Update: Cardiff County Court Confirmed That N1 Is Not Required Just Submit N244.

[everybodiesmum]

Followed instructions as on this forum, which at that time suggested N244 & N1 to enable me to amend my claim.

Telephoned Cardiff Court this a.m. I have to attend and bring any neccessary paperwork (WHAT????)I had already set out my POC on the N1:-?

I also asked if the 14th. Aug. was still my date and they said the Judge would decide that when I attended, on the 9th.:?

[smutley]

think I would take everything, ie the bundle plus up to date SOC's you never know, you might stand more of chance on the 9th than the mass one on the 14th... I waited with baited breath for the outcome:rolleyes:

[smutley]

oh dear, think ive done it wrong (again) not sent it in yet, was going to wait till tomorrow for any news on the 'stays' but just reading another thread about updating SOC's and, Ive updated my SOC's together with POC's on N244 BUT in my wisdom have altered the start date on the SOC's so that I could put in the more recent ones (which add up to far more even with interest from the original start date of Feb 01) so have done them now from Sept 01 to July 07 - help, Im I going to get my claim thrown out for this, should I stick to the Feb 01 start date???

[everybodiesmum]

Thanks Smutley,

Will get started straight away. I presume this means the full bundle, bank statements etc. Let you know what happens.

[smutley]

oh dear, think ive done it wrong (again) not sent it in yet, was going to wait till tomorrow for any news on the 'stays' but just reading another thread about updating SOC's and, Ive updated my SOC's together with POC's on N244 BUT in my wisdom have altered the start date on the SOC's so that I could put in the more recent ones (which add up to far more even with interest from the original start date of Feb 01) so have done them now from Sept 01 to July 07 - help, Im I going to get my claim thrown out for this, should I stick to the Feb 01 start date???

 

Can anyone advise me on this please....thanks:confused:

[zootscoot]

Threads merged to help you and others to track your progress

 

You can claim from the date of your first prelim letter provided your account was in credit. Or from the date the claim was issued if your account was not in credit.

[smutley]

thanks for the merge, but too late I submitted new POC and SOC on 1st Aug and I changed the start date on SOC... I did phone the court to try and clarify and was told it was up to the judge and if he wasnt happy would revert to my original SOC's.... but because I had over inflated my interest on original claim the new ones actually amount to less with the correct interest....although the actual charges were more .. ah well will wait and see. Still waiting for stay information from court (Cardiff 14th Aug hearing) and just feel really deflated.

[slick132]

Lifted from EBM or Mummybirds thread:

 

Smutleys quote, "

Although I've not received my letter yet refusing my application to have stay lifted, I assume it will be with me soon. Although I did have my application to update my POC/SOC granted last week, the order then said case stayed, so assume I cant go the same successful route as you did. But what to do now, I am at a loss, is it worth appealing again? or sit and wait? Feel drained and depressed by the whole process. We need some advice now from someone more knowledgeable.. so please if you are reading this, please give us your advice!!!

Don't know about more knowledgeable but here goes.

 

There's no point now trying to appeal re the Stay unless Bank have being taking charges out of State/Family Benefits.

 

If that's the case, let us know.

 

If not, you just have to wait now for the OFT Case to be bumbled over until we see where that leaves us. Sorry, Smutley but that's it for now.

 

Slick

[smutley]

thanks slick, I am in receipt of working tax credit but it is paid into my other barclays account and not the one I am now claiming for, so not sure if that counts. However, it does get me off paying court fees! I will wait and see what response I get to my stay objection but feel that it is a foregone outcome. But I feel that us cardiff claimants should write to the two Judges H's just to make them aware of our plight and perhaps make them react by contacting OFT FSA etc,. to get the 'test case' heard as we are obviously using up much of their 'valuable' time?

 

ps ... can I claim for a laptop off barclays as thanks to them (making me do all this work)the headphone wires got caught around my ankle and I pulled it off the coffee table to the floor and is now dufuncked...

[slick132]

Smutley,

 

I think you'll just end up banging your head against a brick wall. There's only so much you can do and I doubt you'll get around the Stay situation for the time being.

 

Maybe better to save your energy for when the Stays are lifted and then carry on your fight from there.

 

Good luck, Slick

[smutley]

cheers slick, I was beginning to wonder what that red mark was on my forehead !

[smutley]

Been so anxious waiting for my notice from cardiff court rejecting my stay objection submitted 30 July in response to the stay on the 14 August directions hearing(which hasnt arrived yet) that I didnt check if I should do anything, except from file, the General Form of Judgement that I received on 12 Sept in response to my application to update my POC's & SOC's which said that

It is ordered that, 1. leave granted to amend particulars of claim & 2. Case thereafter stayed

Obviously I included the updated POC & SOC to court with copy to Barclays but should I do anything else... like send copy of judgement order to Barclays ?

Also wonder if this order is intended to cover my stay objection as well ?

[slick132]

No, as long as you sent the new POC and SOC's to Barclays by Recorded Delivery, that's it.

 

It's down to the Court to send their stuff to Barclays who, by the way, never have the decency to send us anything.

 

Slick

[smutley]

cheers slick, yes did do that, so another piece of paper to file then.

[slick132]

Hi Smut,

 

Just read your post on Mummybird's thread:-

 

Im a bit confused though as I also updated my POC/SOC, sent in 3 copies to court and also one off to barclays. Got general form judgement back from court, 1. leave granted to amend particulars of claim, 2. case thereafter stayed. I havent done anything. but I didnt get anything back stamped, so just assumed that was it, wondering now if I should have sent the amended POC/SOC to barclays with a copy of the general form of judgement...

Problem with MB's case was bank objected saying they didn't get new POC. Reading though MB's thread, I see I asked if she'd complied with the court order that she should File and Serve (to Court and bank) new POC as ordered and I think this was simply overlooked.

 

Despite what Judge Hendi SAID to MB on 9th Aug in Court, his ORDER was she should file and serve, and she didn't.

 

In your case, I can't see you were told to File and Serve like MB so I'm sure you're fine.

 

Trouble is, we're so used to bank "losing" everything we send in by ordinary or Recorded post, we assume they are lying but, in MB's case, they and the Court didn't get what was asked for.

 

There's a lesson here - what a Judge (or Court staff) tell you may not be what the Court ultimately requires in Orders or Directions.

 

Slick

[smutley]

Thanks for putting my mind at rest Slick, your reply is much appreciated. Im still waiting to hear from the court re my objection to stay back in August and was told by them over a week ago that it had been misfiled in the back of my file and would be going up to the judge straight away.... Ill give them another phone call next week!

[smutley]

It arrived today, the N24 refusing my objection to the stay..... well expected that, so tonight have emailed letter asking for oral hearing and will also post recorded delivery tomorrow. Have asked to be included in the oral hearings listed for 19th October due to the fact that they mislayed my application.... I wait with baited breath for their reply

[tezl]

bet the old man phoned bs back and canceled your connect card,lol

go for it.keeps it all simmering.

tez

[smutley]

case of discrimination ... why should he have a debit card and not me for the same account.. more fuel for the letter and a battering of my other half lol tezl

[smutley]

It arrived today, the N24 refusing my objection to the stay..... well expected that, so tonight have emailed letter asking for oral hearing and will also post recorded delivery tomorrow. Have asked to be included in the oral hearings listed for 19th October due to the fact that they mislayed my application.... I wait with baited breath for their reply

 

In the event that I do get an Oral Hearing... I am starting to prepare my bundle to lift the stay... its been quiet in work so have taken the opportunity to use up the office ink....stupid question, how many copies of the bundle do I make?

[slick132]

Hi Smutley,

 

1 for Court, 1 for bank and 1 for you.

 

Slick

[smutley]

cheers Slick.. have done 3 prob is, not much paper left here in the office!!

[slick132]

Blimey, I'm surprised there's any paper left IN CARDIFF the way you lot have been at it re Stays!! LoL

 

Slick