Cardiff directions hearings *POST HERE*

[smutley]

Hi Kalujo, at least someone has the letter of stay! Im going to ring the court again today to clarify (yet again)... in your case you now need to fill in an N244 and attached the stay objections also if you are on benefits add the bit about section 187 of the Social Securities Act 1992 - all the links are futher back in this thread - any probs let me know

[olden]

Good morning Our post arrives any time up til lunch time, living in the countryside! anyway here is the email I received from sharon, she is prompt if nothing else! so I don't think we need to attend? I really think it is wrong of the Judge to lump all cases together like this and take the easy way out theoretically cancelling everything he's probably going out for the day!!! :mad:

Sorry for any confusion caused. Because a stay has automatically been placed on the claim, the hearing has been vacated.

We will not be attending on 14th August.

Kind regards,

Sharon Daboul

Sharon Daboul

Legal Clerk

Barclays Legal: Litigation & Disputes

Level 1

One Churchill Place

London

E14 5HP

Tel: 0207 116 6842

Fax: 01452 638 159

[olden]

by the way would we have any pull if we haven't got the letter and turned up in court? after all no one knows we have phoned do they and the onus is on them to inform us could we possibly turn the tables on them?

[smutley]

I think it is absolutely disgusting that our 'Judge' decided in his wisdom to vacate the hearing before even giving us a chance to listen to our reasons not to 'stay' after all its up to his discretion in a court case. But if the hearing has been vacated then I assume our 'slot' for a hearing is no longer there and we would be turned away if we turned up. The fact that we have not even received the standard letter from the court at this late date is an infringement on our human rights!!!

[smutley]

Just off the phone to ccc - yes hearing is vacated. It was Judge Hickinbottom who decided on the stay, the court is not aware of other cases being heard this week around the counrty i.e. Kingston, said that all courts in Wales were ordering stays. Our objection letters etc., would be put in front of the Judge, but no time limit given as to when we would receive a response. Can apply to have case moved to another court if we wish - haha pass the buck eh? Judge Hickinbottom will not be in court on the 14th - no probably sunning himself in Barbados - gutted and stamping feet in anger - what are we second class citizens!!!!

[claret74]

I'm sorry I'm sure this is a really stupid question but can any one help me? I don't seem to be able to indicate on the N244 document that I am the claimant. In part A it askes you to highlight which you are (ie: Defendant, claimant or solicitor) I can't do it. Please help.

[olden]

hello claret no I couldn't do that nor any deletes, but what I did in the end was to fill in what could and then print and physically cross out the unrequired, because the document cannot be pasted or saved.

[claret74]

Hi Olden,

Thanks for the reply, did you also have to type the whole of the application to remove the stay bit as well?

[olden]

hi again just got the post 12 oclock !! good job its not urgent eh! and yes I have the letter. it is a "General Form of Judgement or Order Before his HONOUR JUDGE G HICKINBOTTOM etc.... the claim be stayed... Permission to apply for a lift to the stay etc.. "the defendant shall upon notice to the Caimant apply for directions within 3 months of the ultimate determination of the Commercial Court litigation" ( what does that mean)

the hearing has been vacated

 

hey how about asking to move to Kingston Court then?

[kalujo123]

so what will you do now olden from here, are you going to let things run its course or apply to have stay lifted ?

[olden]

Hi Olden,

Thanks for the reply, did you also have to type the whole of the application to remove the stay bit as well?

 

 

No that can be copied and pasted to your documents or microsoft word or whatever? anything else is ok but the official document cannot it seems. wish you luck

[smutley]

does that mean Barclays has up to 3 months after the result of the OFT case to apply to ccc for directions? not quite sure myself...

I used to live in Epsom, Surrey and used to shop in Kingston... wouldn't mind a trip up there!

Claret, print out the objection and attach to N244, put see attached..

[claret74]

Olden, so you just attached it to the N244 as a printed word document?

Did you then send it all to Barclays as well? To whom did you address it?

 

Thanks so much for the help.

Good luck to you too. Perhaps we should all ask for our cases to be moved to Kingston!!!

[claret74]

Thanks Smutley,

Will do,

I used to work in Ham, Richmond and used to go in to Kingston.......in fact it's probably from living there that I got all my charges!

[olden]

so what will you do now olden from here, are you going to let things run its course or apply to have stay lifted ?

 

I have already done that on Wednesday,( by recorded delivery AGAIN) the form from here, when I had confirmed over the phone about the stay. I also sent copy to the litigation team. In addition to everything else there is the added cost of all these recorded deliveries I have sent about 10 times and by the way I have emailed the appropriate post office department asking for proof of delivery and they have emailed me all the proof and 2 for which they have no proof, which I then sent again!!, but they say to send in a claim form for those two:mad: :mad:

[claret74]

Oh also, one last thing, where it say's any other supporting evidence, what have others put in there? I have a verbal conversation with Paul Quinn who said they would settle, should I mention that?

[smutley]

Yes, wont harm to add that fact in

[olden]

Olden, so you just attached it to the N244 as a printed word document?

Did you then send it all to Barclays as well? To whom did you address it?

 

Thanks so much for the help.

Good luck to you too. Perhaps we should all ask for our cases to be moved to Kingston!!!

 

Yes I did send a copy to Barclays to Sharon Daboul see quote 427 for the address, but sharon may not be the one who was handling your case

 

I don't know Kingston but I am willing to go for that Judge. :)

[smutley]

knowing our luck, the circut judge for that day in Kingston would be our old friend [edit] !!!!

 

 

 

No derogotory comments towards judges please.

[olden]

does that mean Barclays has up to 3 months after the result of the OFT case to apply to ccc for directions? not quite sure myself...

I used to live in Epsom, Surrey and used to shop in Kingston... wouldn't mind a trip up there!

Claret, print out the objection and attach to N244, put see attached..

 

 

I am reading this through to understand the heading is "It is ordered that"

1. The claim be stayed with immediate effect pending the ultimate determination of the COmmercail Court litigatoin

2. Permission to apply to lift the stay. Any application shall

i. be made on notice to all other parties

ii include reasons why this claim should proceed before the ultimate determination of the Commercial Court litigation and

iii. shall be reserved to the Designated Civil Justice( unless specifically released by him)

3. Unless the Court has given directions in the meantime the Defendant shall upon notice to the Claimant apply for directions within 3 months of the ultimate determination of the Commercial Court litigation.

 

I think it does mean after the case but I don't understand exactly what it means?

[olden]

I have just opened the standard letter and leaflet from Barclays WE BELIEVE THE CHARGES ARE LEGAL FAIR AND TRANSPARENT. HA HA HA HA so thats why they've paid out £500 million

[claret74]

Smutley,

Can I just check with you what you included in your N244 form for the "other supporting evidence" section C?

Thanks,

Clare

[olden]

Smutley,

Can I just check with you what you included in your N244 form for the "other supporting evidence" section C?

Thanks,

Clare

 

I didn't send anything else. but I think other people did. When I asked the clerk at the court about applying for the stay to be set aside what other evidence would be required since they already had all my papers, his reply was" oh you don't have to send inthe official form yo can just write a letter asking for the stay to be set aside" so not very efficient aye ? but also shows they don't bother to read much anway?

[smutley]

hiya, Section C I put the Human Rights statement and if you look back in this thread theres a bit (letter) on the Social Security Act I typed that up as a statement quoting the act and added that as well. Good luck

[smutley]

just found this for you claret, could add this (thats if you are on benefits sorry if your not!!)

 

The Claimant contends that the charges constitute an assignment of money by the Defendant and to the Defendant contrary to

 

a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and

 

b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit,

 

and are thereby illegal. The Claimant contends that the contract terms that the Defendant relies on to justify debiting these charges are void by virtue of the same sections.