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CCA's and Dave against the world !!!

davefirewalker

By davefirewalker
in General Debt Issues

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hellhasnofury

hellhasnofury

Posted
Posted

Hiya Dave,

 

Good luck today:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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davefirewalker

davefirewalker

Posted
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Posted

thanks guys......:)

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
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Posted (edited)

Just got back from court....................:(

 

It was like a full blown hearing, they sent a Barrister.....just as well I took my stuff, he may have dismissed me there and then. The DJ was a somewhat stern looking guy who mumbled a lot, but he turned out ok in that he did help me along a little.......so much so, that until the last bit of summing up I thought I had it nailed....

 

Application to strike out defence refused

 

Application to strike out order re: 6 year limitation period refused

 

will get a date in directions, case in about 8 weeks, skeletons to be filed along with bundles.

 

He kept on about there being a flood of similar cases since the Supreme court ruling asking for stays to be removed etc...I kept on replying that credit cards were a different matter and not covered by the supreme court ruling.

 

He wanted it to become a test case in a higher court....the barrister was flustered, and I was unsure.......like everyone I am on my uppers at the moment, I couldnt afford counsel for that sort of case !!! not if I didnt have to......

 

I thought I had presented my case well, had 3 nice binders with all relevant caselaw, various letters back and forth, their offers to pay, the final "gesture of goodwill" with no ties. A letter form Martin3030 referencing his case that he won on the same grounds.......European court of justice rulings....the whole works.

 

nope didnt work....I'm almost sure that he didnt want it to work and wanted a test case.

 

He kept making references to the latest OFT case that lost, and each time he did I tried to put him right that the issues were different, I think he was getting mixed up between bank charges and credit card charges.

 

still there's now time to get my case in some proper order knowing what I now know.....:(

 

rgds

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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foolishgirl

foolishgirl

Posted
Posted

I'd be pretty satisfied with that, dave. :)

 

Inch by inch - you'll get there.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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banker_rhymes_with

banker_rhymes_with

Posted
Posted

Hello Dave!

 

Application to strike out defence refused

 

OK, I think you can live with that!

 

Application to strike out order re: 6 year limitation period refused

 

OK, I don't think you can live with that! But what to do about it, that's the question.

 

I think the Judge was wrong on s32 of The Limitation Act 1980, it does apply, and he has misdirected himself.

 

Cheers,

BRW

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AnimalMagic

AnimalMagic

Posted
Posted

There should be some recourse against some of these judges...:mad:

 

Hang on in there Dave, you'll get there in the end...

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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davefirewalker

davefirewalker

Posted
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Posted

Not too upset..(although it has thrown my party plans into chaos).....its only a single battle.....the war WILL be won :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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patrickq1

patrickq1

Posted
Posted

well done dave at least now it is ongoing and all the help on here should help it is about time this was once and for all sorted test case or not...

will look through thread again and see what we can add to your defence as this does concern about half of the people who come to the forum...we might even be able to force a ruling of TRANSPARENCY AS TO ACTUAL COSTS of charges etc...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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davefirewalker

davefirewalker

Posted
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Posted

Hi patrick.....

 

had to have a little giggle about this case though........I didnt know who to take to court Barclaycard....(ex Morgan Stanley / Goldfish ) or HFO.....So I tried my hand with barclays first, this at least tells me that there is something fishy about the assignment....ie it must only be an equitable assignment.....or barclays havent done their homework properly and they have paid me when they didnt have to :)

 

rgdss

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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patrickq1

patrickq1

Posted
Posted

HE HE yes i think we all know eventually MORGAN STANLEY will have to pay back the money to either BARCLAYS VIA GOLDFISH OR VICE VERSA as it stands they must bring MS to the courtroom especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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davefirewalker

davefirewalker

Posted
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Posted (edited)
especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

 

Unfortunately.....I didnt agree to there being a "test case".....I couldnt have afforded the counsel, I probably would have to defend myself and that wouldnt have been fair on those that were to follow, I'm not the best speaker, I can digest what has been said or written and formulate an answer...but to do it on the fly.....maybe not........so someone else will have to fight that battle.....I have my hands full at the moment keeping my family fed and a roof over us......dont get me wrong ...I am not (yet) at the gates of poverty, but not far short...

 

 

 

rgds

 

dave

Edited by davefirewalker
rambing on...beer fuzz :)

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 1 month later...
davefirewalker

davefirewalker

Posted
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Posted

Got a court date a few weeks back....sometime in june about 23rd I think..

 

barclays contacted me and offered an extra £20 + .......:).......to which I waited a while and then refused, I re-filed all docs with the court, and guess what...???

 

Barclays have folded........They emailed me and wrote offering to pay what I asked for....I refused unless they added the extra £75 for the "lost" hearing as extra costs. I also made sure that they would not come back at me for any of their costs if I discontinued........(you never know)

 

they accepted :)

 

Just waiting for the money to appear in my account and I will write to the court to withdraw the claim.....

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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patrickq1

patrickq1

Posted
Posted

Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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davefirewalker

davefirewalker

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Posted
Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

 

No Ive been going through one of my many (sort of depressions)....I cant sleep very well, dont get to bed before 2-3 am and up early.

 

I sometimes dont go near my computer for many weeks....(not an entirely bad idea)

 

Anyways...thanks for the support

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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patrickq1

patrickq1

Posted
Posted

aye well done dave,tenacity won in end plus a sense of justice was on your part....SLEEP i am one of the i take a sleeping tablet i have to wake it up first damm lazy dem tablets n way they dont work on me i am a insomniac i sleep on average three hours a day max even then i wake up during sleep....but ive learnt to accept that,depression lucky me i dont suffer that but know of it and get it from my daughter she suffers very badly from it,and it is difficult really difficult to understand it,we just accept it and do our best for our girl ,anyway dave keep your spirits up dude sorely missed on here an the humor is missing from the threads dude...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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citizenB

citizenB

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Congratulations Dave :D

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foolishgirl

foolishgirl

Posted
Posted
Barclays have folded

 

Well done Dave. You've never let this one go, you deserve this result. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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