Barclays Litigation Team Good or Evil? You Decide..

[dar£n]

Dino is top man, I dont know if he is a trainee or just new to the Lit Team but he has deserved his reputation on here as being the most helpful and efficient member of the dept.

[Matrah]

Oh well hear goes guy's, In court in the morning 10:30 in Torquay.(Anyone else gonna be there?)

 

Dino has told me that Barclays will be sending representation.

 

I will as Dar£n advised be requesting that it is not stayed as we are emigrating at the end of the month and won't be in the country to represent ourselves at future hearings.

Also they have offered the full settlement , unfortunately with nasty little conditions though.

I guess it will be an interesting scenario

Finger's crossed!!!

[tnook]

Good Luck!!!

[enoughisenough]

BEST OF LUCK MATRAH!

 

Can't see Barclay's representation turning up though. Can you imagine? what a circus! all those cases. Emigrating...mmm... now that seems like a good idea! - It seems the only way to escape the way this country is run by corporations who act as a law unto themselves.

 

PS YOU HAVE WON! KEEP THE FAITH. they can't withdraw.

[dar£n]

Good Luck Matrah,,,, if they do request a stay [if they turn up] ask the judge if he doesnt think theyve abused the system enough by keeping courts busy for months only to settle a few days before, wasting everyones time.

And that they are almost admitting the charges are wrong by offering the settlement.

If they honestly felt the charges were legit, why does it take a court order for them to disclose the charge structure?

 

Again good luck...

[koalaattack]

Matrah - good luck. I'm in court in Plymouth on Monday and I'm interested to see what happens here. I don't know, but would Plymouth and Torquay share judges? You never know, we may get the same person if so.

 

Dar£n, I completely agree with the statement about the court order. I asked this in my thread but have just found this article:

 

Bank charge refunds may have hit £1bn | | Guardian Unlimited Business

 

I know there will be more as BBC Breakfast ran the story on Monday (I think). Surely, if banks could justify the charges, they wouldn't have paid out nearly £1bn - goodwill is one thing, but £1bn worth?!

 

Can this not form part of the evidence?

 

Cheers,

 

KA

[Matrah]

Just returned from court,

 

Met thier barrister James Hayward, a nice chap, obviously discussed the settlement again but said to him as I have said to Barclays,

I would only accept the balance owed as it was when this claim started (£574.50), after all Barclays have had plenty of time to accept up to now.

 

As you said he did request a stay. Having explained our situation and our imminent departure to Australia, the judge has applied a stay until the 23rd August at 1145hrs.

 

She is aware that there is a prelim hearing in the High Court of the test case later today and understands that this may give some indication as to the direction of the final result.

She also added that all judges involved in these cases have received directions from above to follow the same action and stay ALL cases unless there are special circumstances involved.

 

It was indicated that the main test case will be in or around January.

 

I did inform the judge of Barclays settlement offer (including conditions) and said that I would very much like to resolve this in order to save more time and costs.

 

The judge did indicate to me that when I arrive back in court on the 23rd August (1 week before departure to Australia), there would be grounds to apply for unreasonable costs.

 

So i guess we'll monitor the pre lim with great anticipation and prepare for the 23rd August at 1145hrs.

 

Just to give you all a bit of a boost!!!

My judge appeared to be considerably p***** off that Barclays had failed to settle with so many opportunities and such a long time.

There really is nothing to worry about in there, she was really nice and helpful, she also made it clear to their barrister that bearing in mind Barclays know we're going abroad, they were NOT being particularly reasonable!

 

Now all i need help with is how to apply for unreasonable costs.

 

Good luck to you all, keep fighting on!!

[sarah13]

this is making interesting reading- my prelim hearing is 10th August at Norwich court. What representations if any should i make to the court? it says 5 days before hearing so still alittle time.

[pjdavies2000]

Well done - I think that is a small vistory in your larger battle - Barckays won't be happy that they will have to come to court again, and I would think - after today - you should start contacting them to see about settlement.

 

Basically, if they are not willing to settle, then they will have to PROVE in court their costs...they won't want to do this!

 

So start ringing the Lit team from Friday!!!

 

The unreasonable costs sounds like a wasted costs order. There are templates for this, just search for them!

 

Peter

[lazydocker]

Hi guys, long time watcher, first time poster!!

 

I have contacted Ipswich Court today regards my case on Sept 7th and I was told that they have received NO special instructions regarding Bank Charge cases and they are dealing with them on a case by case basis. I'll keep fingers crossed!!

 

In addition to this I have found out that the Banking code means that cases of dire financial need MUST still be dealt with. Therefore I have sent the following to both Rob Saunders (who is dealing with my case) and Dino (the man!!):

 

I write to you further to the above claim in Ipswich County Court. I am aware of the situation regarding these claims and am contacting you to get confirmation of the position of Barclays with regards to my case.

As I have previously stated to you, my wife was made redundant in March and, financially, things are getting very dire. She managed to get another job but unfortunately the government has withdrawn all NHS PPP contracts and she has found herself redundant for the second time in 4 months.

I feel obliged to give you this information because, as far as I am aware, cases of financial hardship are given a priority in the Banking Code.

As per my previous correspondences, I am willing to negotiate a settlement figure prior to the court date but so far there appears to be no discussions commencing. I wish to inform you that I will be continuing my preparations and will request that the court hears my case as a matter of dire financial hardship.

I look forward to your speedy response to this email with clarification of the position of Barclays Bank PLC with regard to my situation.

 

I'm hoping it will make a difference but I'm not holding my breath!! I have been more than reasonable with them and even offered to accept £3000 for my claim of £3355 plus interest and costs! Still never mind, the interest keeps accruing and at today's date the total is £4273.25!!

 

Fingers crossed as at the moment we just about have enough money to survive the month! All I can say is keep going guys... Until you have notification from the court, the cases still stand! Don't lose heart as the banks will have to pay eventually!!

[ynwa2006]

Hi Everyone

 

Am really just looking for a bit of guidance and to put my mind at rest.

 

I've received my N157, court date is 17th August @ 10.00am. It says it should take no longer than an hour and thrity mins.

 

Anyway I sent my court bundle off to Barclays yesterday, recorded delivery, so it should be sitting on someone's desk about now.

 

I sent my bundle to Adrian St. John at the Disputes and Litigation address, however I've noticed from the first post in this thread that there are no contact details for him.

 

In this case, who is the best person to contact...and should I email them or is it best to call?

 

In light of Matrah's post I very much doubt I'll be getting a settlement offer, but thought I may as well give it a go.

 

Thanks to anyone who replies!

[bbch60]

Have just spken to my court and she has said that I am to attend as the hearing wil be going ahead. She also said that the Judge will make a decision on the day as to whether to grant the stay if Barclays attend and request one.

I also asked her adice regarding the bundle that I have not received from Barclays and she said that Barclays are not likely to send one in light of recent events. Where does that leave me?

[pjdavies2000]

They HAVE to send a bundle - which is the paperwork they will be relying on in court. Surely if they don't it is an aduse of process!!! They are obviously thinking a stay is going to happen, and as such don't need to bother! Well, lets see what the judge has to say to that! YNWA2006 - Adriab is the top bod, the people listed on here are the bods who do his nasty work for him, so one of those will be allocated to your case - give Dino a ring, he'll help if he can.

 

Peter

[bbch60]

Thanks for that - will try and contact him

[Matrah]

After our experience today guy's, as above,

be fully prepared to meet their representation (barrister) in court. They will without doubt request a stay and probably get one. Don't let this put you off, and remember to keep putting it to the judge that they are offering settlements although they are un realistic settlements.

 

If there is anyone out there emigrating like us, let the judge know this, she-he may go ahead with the trial or appoint a stay at a date that will fit in with your schedule.

 

As said before check post 707 for more info.

 

Keep those chins up!!!!

[bery]

Hi Everyone

 

Am really just looking for a bit of guidance and to put my mind at rest.

 

I've received my N157, court date is 17th August @ 10.00am. It says it should take no longer than an hour and thrity mins.

 

Anyway I sent my court bundle off to Barclays yesterday, recorded delivery, so it should be sitting on someone's desk about now.

 

I sent my bundle to Adrian St. John at the Disputes and Litigation address, however I've noticed from the first post in this thread that there are no contact details for him.

 

In this case, who is the best person to contact...and should I email them or is it best to call?

 

In light of Matrah's post I very much doubt I'll be getting a settlement offer, but thought I may as well give it a go.

 

Thanks to anyone who replies!

hi there- adrian is a barrister acting on behalf of barclays and as i found out whilst waiting to go into court yesterday , along with several other folks;he is also representing HSBC! After having all of our cases stayed- (judge said her hands were tied,and unfortunately for me, ( her words not mine!), up until this time last week all cases were being settled( story of my life!!).......i asked adrian(seems like a nice boy.......!!)if barclays would be contacting me now and he looked like a rabbit in the headlights when he said that he did not have anything to do wth barclays and how they work- he was just representing them as a barrister.........as long AS COURT HAVE YOUR DOCS WHICH I DOUBT THEY WILL EVEN BOTHER TO READ YOU WILL BE OK- by the way i asked the judge for all my stuffback- and she gave it to me- well after all there was lot of hard workand photocopying went into it....... the judge said we can "reapply" once they have some direction about the OFT test case, i hope this wont cost us again- must enquire about that...........on another note , i didnt have to pay 100 quid for allocation fee, but a guy with HSBC did! ripoff merchants!

[bery]

ps- my case was in for 12 noon - disnt get in til 1.15- every one was scheduled for same time, so be prepared to wait- some folk didnt even turn up , im assuming their cases were stayed as well, and that the judge didnt find in favour of banks........

[bbch60]

Hi Bery

 

which court did you attend?

[smutley]

Quote Berry "the judge said we can "reapply" once they have some direction about the OFT test case, i hope this wont cost us again- must enquire about that.........."

 

Surely we dont have to start at the beginning again??????????

[j.barton1]

can you apply for the stay to be lifted??

[electric lemon]

This completely SUCKS!!!!!

 

My court date is August 23rd & I had already had a verbal full offer 2 weeks ago for the full amount of £7000.

 

Rob Saunders from Litigation called me on Monday & was so nice, but said..." Unfortunately for you Barclays are having all cases stayed until the outcome of the OFT case, so we wont be settling".

 

I was gutted.

 

I feel devastated. 3 weeks man, just 21 days to go.

Unbelievable.

 

Koalaattack, my hearing is also in Plymouth so I will be really, really interested to see how things go for you. Is your claim a high one like mine?

 

Mega-condolences to all & everyone.

 

I guess I just have to see this as a bonus now if/when things get resolved in our favour.

[richeratlast]

Hi electric Lemon, No I was very unlucky also, had my prelim on monday and my claim was stayed. I am looking into the hardship route if anyone can help as I am on low wages and benefits and some months they took 90% of my benefits . Thankyou for your kind thoughts and hope we can get this all sorted soon. How unlucky are we I was probably one of the first to have mine stayed !

[Matrah]

I don't know if it will help but remember our case has only been stayed until the 23rd of August, so we will be in court for a 2nd time with barclays in Torquay. Not really sure what that means for us but i will be able to shed some light soon after.

 

Do we just go for it and request that the judge orders proof of charges?

 

The barrister did say that Barclays won't be paying for him to attend a second time... was there something in that?

Interesting times albeit nervy!!

[tezl]

could all accounts in dispute be frozen until out come of case?tez

[j.barton1]

We are using links and templates on this thread...

 

http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver.html

 

to complain to our MP, FSA, OFT and anyone else you can think of??