Barclays Litigation Team Good or Evil? You Decide..

[Matrah]

Just a quick update guys & gals,

Received a settlement letter from B's today offering full settlement (and about £200 more), have signed it and am now awaiting the cheque, will stop the 2nd court hearing when we get the cheque.

I think we were a bit lucky in that we leave the UK at the end of the month and they knew the judge would have to complete this case on the 23rd. Plus they never filed a bundle (usual practice).

I'll update when cheque is in our little greasy paws...

 

Keep soldiering on!!!!!

[lazydocker]

Congratulations... Glad you managed to get it sorted.

 

I'm waiting to see what the judge says next month when I go but when I spoke to the court earlier this week they said they are looking at each case individually!!

[Audreygreeneyes]

Matrah could you post your claim ref no, so it can be used as a point of reference to others that despite the waiver they are still settling cases. please pretty please

[electric lemon]

Hi guys,

 

Just to advise that I too got "The Letter" regarding Barclays & the Stays that they seem to think they will get for every case.

 

Im scared Sh**less about going to court & opposing even though I know it wont make any difference.

 

Im actually brassed off that I will have to take an afternoon off work to go along to court to hear that the case has been stayed.

 

Grrrrrrrrrrrrrrr flamin Barclays & all banks & their crap timing!

[electric lemon]

P.S. What really, really makes us mad & upsets us is that this money would have gone on paying one last bill off & then the rest of the £5000 would have been ours to get the central heating & roof done with a little left over to take the tiddly peeps to Euro disney.

[dar£n]

hang in there leccy lem,,,all good things come to those who wait [plus interest]

[Johnsworld]

To parody Oasis,

 

There's lots and lots for you to do

You're electric, can I be electric too?

 

Don't know what court you're at but it might not be cut and dried.

 

I went to court last Thursday and had a sleepless night but the bank's advocate was so sure of getting a stay that I got angry and decided to take her on.

 

Didn't win but scored a couple of points against the defence.

 

If you want an insight into what happens read thread 93 on the following link.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/76679-johnsworld-barclays-bank-new-post.html

 

If you go in in a fighting mood you might even enjoy it! I'd do it again now I know what to expect.

 

Good luck.

John.

 

PS Ask the Judge for expenses for loss of pay.

[KennyVinegar]

Hi everybody

 

I have been reading through some of this thread and was wondering if anyone thought it was worth me contacting the litigation team to see what they could do (I'm pretty sure Adrian St John's name was on the defence). I have a court date for Friday...or do you think they will just turn up to request a stay??

 

Also, I don't know why but I haven't received the letter from Barclays stating that they will get stays granted for all court cases.

[saintly_1]

Kenny have you printed off this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 to take with you ?

 

Which court are you at ?

 

To be honest at the moment contacting the Litigations team is not likely to get you anywhere at the moment

[Johnsworld]

Hi Kenny,

 

Obviously I don't know the background to your case but I don't think there is any point in contacting the litigation team.

 

They are not your friends. They work for the bank so they will do whatever is in the bank's interest.

 

The only way to win is through the courts, hitting them as hard as you can with everything you've got! That's what they will do to you.

 

Read my thread so you know what to expect

http://www.consumeractiongroup.co.uk/forum/barclays-bank/76679-johnsworld-barclays-bank-new-post.html

 

 

and use the CAG template for the basis of your objections as Saintly suggests. If you can claim financial hardship so much the better. It is unalienable in court.

 

Regards,

John.

[dar£n]

Kenny

As Saintly suggests correctly [again!!!!!!!] The Lit Team are not very responsive anymore following the announcement.

 

Although Adrian St John is named on the defence it doesnt mean he his handling your claim, he is simply one of the acting Barristers that Barclays use in court.

 

You CAN email the contacts but they will just advise that no decision will be made until after the test case...[if they even answer]

[dar£n]

Kenny

i have asked for this:

http://www.consumeractiongroup.co.uk/forum/general/109438-court-date-next-week.html

 

to be moved to the Barclays forum, where the boys and girls will help more if needed.

[KennyVinegar]

Thanks guys, will look at all the threads you have posted.

 

Saintly - my case is being heard at Manchester CC.

 

I'm going to phone them again to check the hearing is still going ahead, as I did last week, as since then I have sent a letter of non-compliance.

[mikejames1]

Kenny have you printed off this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 to take with you ?

 

Which court are you at ?

 

To be honest at the moment contacting the Litigations team is not likely to get you anywhere at the moment

 

Hi Saintly1

 

I have a hearing tomorrow morning at 10am of which iyet I have heard nothing from Barclays apart from the usual bit that came through to everyone at the weekend regarding stays & current situation

 

Is it worth me filling this in and taking it with me? If they ask for it to be stayed I then produce that & present it to teh judge then & there?

[saintly_1]

yes Mike i would print off 3 copies

 

one for you

one for the court

one for B's solicitor

[mikejames1]

excellent

 

and do I mention this as soon as I get to the court room or await the decision of a stay?

 

or prior to entering advise of a further document in teh instance of a stay?

 

many thanks in advance!

[Johnsworld]

In my case the bank's advocate said she was asking for a stay and the Judge asked me if I had any objections. I said I had prepared a document (based on CAG template) listing my objections which I wished the court to consider and passed it to the Judge. You need to have a copy for the defence as well. Simple as that!

 

Good luck with your case.

John.

[mikejames1]

In my case the bank's advocate said she was asking for a stay and the Judge asked me if I had any objections. I said I had prepared a document (based on CAG template) listing my objections which I wished the court to consider and passed it to the Judge. You need to have a copy for the defence as well. Simple as that!

 

Good luck with your case.

John.

 

Excellent, many thanks John

[ugly]

can anyone advise me what to do i have had the letter from Barclays about a stay but mcol are saying my next step is to send in the Balliffs even thou they cant garantee what will happen ???????????????????

[koalaattack]

Hi guys,

 

Ugly - sorry, I can't help mate.

 

I have a question - what happens now for all of us who have been stayed?

 

Cheers,

 

KA

[electric lemon]

Hi Koala,

 

As far as Im aware - we wait!

 

Speculation is that the test case will happen this side of Xmas. The banks will then appeal, & then from what Martin Lewis says, it may well even go to the House of Lords or along those lines!!!

 

Suffice to say, the impression I get is that it may well be a very long time before we are able to conclude on this.

 

However, no matter what happens we are more than likely to get some of our money back. Remember that if the charges were "fair & transparant" as the banks say they are then they wouldnt have been running so scared & paying so many people off left right & centre with so many " Acts of Goodwill" would they???!!!

 

My guess is that it may take ?up to 18 months/2 years (eek!!) & that a proper & fair & legal charge for banks will be levied at about £3 - £4, & we will get back the differerence. Mind you it will take the flamin banks god knows how long to pay everyone.

 

Nice bonus for retirement then!!!!!!!

 

This is only an opinion remember & I may be quite off mark!!

[pt2537]

Hi,

 

ive been trying to fight a stay and on my order from the court which confirmed the stay would remain it said the OFT test case is scheduled to be heard in january and february 2008 at the High Court of Justice ,commercial court

 

so i think its a little optimistic to hope that the case will be dealt with this side of christmas. also im interested if anyone has got around the stays with the human rights arguement? i had a human rights lawyer giving me guidance and we failed to get the stay lifted. has anyone else had any success

 

 

regards

paul

[dar£n]

email today from OFT

 

Thank you for your letter to the Office of Fair Trading (OFT) enquiring about the reasons for the waiver being issued suspending court cases and negotiations regarding unauthorised overdraft charges by banks. Your complaint has been noted and will be kept on file.

 

There has been widespread concern as to whether or not the current account market in the UK is competitive. There have also been specific concerns about the legality of charges relating to unauthorised overdraft. Earlier this year, the OFT launched a market study[1] of personal current accounts. This is designed to provide the OFT with an understanding of how the market as a whole works, so that we can take a strategic view of perceived problems and any subsequent action OFT should take or recommendations it makes to business, consumers or the Government. The OFT's view is that active informed consumers are the best drivers of efficient competitive markets and so the study is focusing in particular on transparency for consumers and ease of switching. The study is due to report in December.

 

In parallel with the market study, the OFT is examining the fairness of the level of unauthorised overdraft charges and returned item fees in line with its statutory duties under the Unfair Terms in Consumer Contracts Regulations (UTCCRs). In considering this matter we need to look at financial information from the banks and also to take a broader view of the market to ensure that any action we take will improve the way the market works and outcomes for consumers. The market study will play a critical role in informing the OFT's view of the right outcomes for consumers.

 

One aspect of our work is considering whether the unfairness test contained in the UTCCRs applies to unauthorised overdraft charges. The OFT considers that the test applies, but the banks disagree.

 

We believe that an early ruling on this preliminary issue is in the public interest as it will provide some much-needed clarity in the market, and also provide the OFT with a stronger basis for conducting its UTCCRs investigation and negotiating any settlement. We have therefore agreed with the Banks to take a test case[2] and we commenced proceedings in the High Court on 27 July. The test case commences on 14 January 2008 and we estimate it may take approximately two weeks. We are committed to ensuring this process is resolved in as efficient and expeditious a manner as possible. Throughout this whole process we have worked very closely with the Financial Services Authority. For further information about this test case please see our Questions and Answers.[3] The Financial Services Authority in conjunction with the OFT has issued a waiver in this time, suspending court cases and negotiations with banks regarding unauthorised overdraft charges. As it is vital to have as many high street banks involved in the test case as possible, this is a way of assuring their full participation and co-operation.

 

For further assistance with your complaint you may wish to contact Consumer Direct at Consumer Direct Consumer Direct> telephone: 08454 04 05 06 or your local Citizen's Advice Bureau at Contact us .

[paulson1985]

Do you remember my poor friend who was in court with Barclays on the 25th July the day before the OFT announcement, and Barclays solicitor agreed to settle the case.

 

The judge adjourned the case for 28 days.

 

Barclays litigation then refused to settle.

 

She had a letter this morning from court, her case has been stayed until the 28th September 2008.

 

This just stinks.

[pjdavies2000]

...yes it does, but would be hard to have removed as it is time limited, unlike the early stays...

...the judges are learning as fast as we are!

 

(or BClays are telling them!!!)