Barclays Litigation Team Good or Evil? You Decide..

[Matrah]

I did wonder... especially when she said 'we can proceed but i feel it would be better that we wait for an idea of direction from this pre-lim hearing in London'. Thanks for the clarificatin BW.

 

Has anyone heard anything of this pre-lim hearing as i can't find anything anywhere? and it's not long till we're back in (23rd) for round two. Also the judge said i should also apply for unreasonable costs (wasted costs order), any idea how i add it to my claim?

I've only got 8 days from the hearing till i depart for Oz, so i don't know how i'm gonna get my lolly if i win?

[pjdavies2000]

Matrah - I have a very secure loose floorboard you are welcome to stash your cash under!

 

And I don't mind popping it over to Oz for your either! :D

 

Peter

 

ps - BW is right - we need to be restoring faith in ourselves and the system, and not spreading the malicious Chinese whispers that Barclays and others are now trying to perpetuate across this site.

 

Winning will come to us all - stand fast and hold tight!

[clubber]

Just to help bolster the ship guys, I can confirm that my court has NOT had any blanket directions to Stay cases and, as I was informed by a reliable member of staff (I present civil cases and work with them) that even if such a direction had been sent to their court, the judge would be mindful of them as directions but nothing more as the juridiction is, of course,exclusively with the court once a directions order has been made (until such time as high court order is made) and will be decided on an individual basis.( B's have not made an application either and this court expect applications to be made in advance of hearing and not on the day, although late apps are within the rules)

 

( I am not naive enough to think that a judge would risk his/her integrity by allowing the case to be heard or throwing B's defence out if none of his peers have done likewise, but I believe that the judge considers the space within his 4 walls as very much his own,and is not intimidated by institutions such as B's into ordering stays on a blanket basis.. but hey, what do I know!! we'll just have to wait and see)

[paulson1985]

Let me tell you what Barclays have stooped to doing.

 

Do you remember me posting on here about my friend.

 

She had a court date for 25th July, not a word from Barclays no bundle nothing for 4 months prior to the day before court.

 

Barclays tried to get her to cancell the court date before they would fax her an offer, she refused no money not cancell court.

 

She went to court and Barclays barrister stood before the judge and said the bank were willing to settle her claim, the judge ordered a 28 day adjournment.

 

My friend has since been in touch with Barclays they are now refusing to settle her claim.

 

So she now is right back were she started.

 

I just want to warn everybody of the nasty tricks they will use.

 

They knew on the 24th July the news would be out of the OFT thing and played for time trying to cancell the court and lying in front of a judge when they got there.

 

My friend rang the court and they told her she would get a new date to go back.

 

But I can guess what Barclays next move will be apply for a stay on the case.

 

It is disgusting, underhand and there is no depths of deprivation these people will not go to.

[clubber]

Hi, forgive me for appearing to simplify your friends case but is she aware that all court hearings are recorded, or at the very worst the justification for the judge adjourning the case would be to give the Defendant the time to do what the barrister said they would...I would take your friends situation over anyone elses who still had a case coming up, based on what you have said.

 

I would advise she see a solicitor if she is sure what she has told you is correct. i would be confident of a result due to contempt of court.

[bgqs]

I am pursuing Barclays for wasted costs even though they have settled my claim. They tried to have the hearing struck out but the Judge said that the agreement which I signed did not qualify that the claim would be considered full and final....hearing is scheduled for end of August...

 

My thread...http://www.consumeractiongroup.co.uk/forum/barclays-bank/72981-barclays-3.html

 

Cheers

[paulson1985]

She is sure Clubber it is correct what she said.

 

I also think Barclays are in contempt of court, because they knowingly and willfully mislead the court in order to obtain an adjournment knowing that the statement from the OFT was going to be made the day after.

 

So how does she go about bringing a contempt of court about, because she cannot afford a solicitor.

 

I did not no cases were recorded, so if you are right the court will have a copy of everything that was said.

 

So in the light of this she has a good case against them. For contempt.

[clubber]

I would say go and get a free consultation with a solicitor, most do them even if she wants to then consider taking the case back to court for contempt... alternatively the CAB has a legally qualified officer with a licence to present in civil court. I dont know your friends situ but if she is not working she may get legal aid, I'm on dodgy ground on this last point so would defo seek advice which would cost nowt, I am on surer footing with the recording of hearings, either electronically or manually by a clerk.

 

I would advise she make a summary statement of the simple facts leading up to the barristers promise/agreement and get advice. The case should defo go back to court and has nothing to do with the OFT test case (in my -unqualified- opinion, but I do have rights of audience in cicil court presenting cases so speak from experience). Hope this helps.

[paulson1985]

Thank you very much Clubber for your advice I will pass it on to my friend.

 

She does not have access to a computor.

 

I never realized that the courts recorded these cases.

 

I was so amazed that they will stoop so low.

 

Mind you she did say last week that she had spoken to a different member of the litigation team, and the person she spoke to said that Barclays had to settle her claim or they would be in contempt of court.

 

I am just at a loss to understand what they are tying to achieve by all this.

 

Anyway thank you so much.

[paulson1985]

bggs,

 

Dont trust them for a second.

 

The Whistleblower programme was spot on, I do think that Barclays are a rotten egg in a basket full of decaying ones.

 

Good Luck in court, I hope you get a good result.

[welshcakes]

Hi Paul

 

I am sure this would fall into the catergory of both contempt as well as the common principle in English law of good faith, by which a duty of complete openness and fair-dealing is assumed.

 

The court can be asked to address the failure of the Defendant to fulfill their duty to negotiate in good faith, which was openly stated (and recorded as such) at the hearing.

 

The issue of contempt comes into play because the Defendant can potentially be deemed as having willfully and purposfully mislead the court and the Claimant in order to obstruct the judicial process.

 

Good faith forbids either party by concealing what he privately knows to draw the other into a bargain from his ignorance of the fact and his believing the contrary.

 

Edit :

 

Under Part 1 of the Civil Procedure Rules (Overriding Objective);

 

Section 1.3 states that:

 

"DUTY OF THE PARTIES

1.3 The parties are required to help the court to further the overriding objective."

[paulson1985]

Thankl you Welshcakes,

 

I will pass it on to her.

 

I just cannott believe that they will stoop so low.

 

I will try to help her all I can, and will pass on any information and help you have all given her,

 

Once again

 

Thank you.

 

ps Do you all think we have got them because I do.

 

They have obviously tried to use the test case to there own devious advantage.

There must be something I can do to discredit them now.

[bgqs]

Cheers Paul, so do you think they will turn up ? Or will they try to settle the same week leading up to the hearing ?

[Bookworm]

I do think that Barclays are a rotten egg in a basket full of decaying ones.

 

There's a lovely image.

[paulson1985]

bggs,

 

I cannot say for sure what they will do, Nothing surprises me anymore with this particular bank.

 

I don't think they have an ounce of conscience and I don't think they care how many lies they tell and too whom they tell them.

 

Well they have proven that.

 

I can only advise you all to be very wary of them and dont trust a word they say.

[littlebea]

i think they are evil personally!

 

i was in court today and they did not bother to send their bundles either to me or court (i tried to get it struck out cos of this but no luck although judge was clearly not happy with them)

 

they said they did not recieve my bundle either - i sent by special delivery

 

they said the charges were not PENALTY charges nor was there a breach of contract so the unfair terms act cant apply (dont ask me about this i dont understand it!)

 

they were then granted the stay which i tried to oppose to little avail!

 

the friday one week before the OFT thing Mr Hickey said hed be sending me a letter out and did not. if he had id of recieved it before the fri of the OFT thing and wouldnt be in this situation, although no doubt i would then be in the position others are in, of them not paying the money, saying they didnt recieve acceptances etc.

[littlebea]

sorry i just have to add to that - evil AND arrogant!:o

[paulson1985]

Just another example I am afraid of the way these people are.

 

Lies, Lies and more lies.

[pjdavies2000]

I hope Dar£n is dropping ALL the team to -1 star!

 

If nothing else, at least Paul was consistently crap!

 

Peter

[paulson1985]

I am at a loss to understand your last post peter.

 

Are you saying that what I posted was untrue?

[dar£n]

Paul,

I dont think Pete was having a dig, and in my opinion he has been consistantly helpful throughout his time on CAG so I don think he would purposely 'diss' your postings.

 

My view of his posting is in total agreement with you and asking me to withdraw their 'credit stars' which they earned for being efficient and helpful etc.

[j.barton1]

I'm sure he means Paul from the lit team??

[paulson1985]

OH Thanks Dar£n,

 

I understand now he was refering to a certain Barclays team member.

 

Sorry Peter, I am just so mad at Barclays right now I just jumped to the wrong conclusion.

 

Mind you I cannot blame anybody for having doubts about all this being right, It is so unbeleivable, but oh so very true.

[j.barton1]

Stress will get to us all..

 

XX

[tezl]

i think peters right about quin3 ,perhaps he felt guilty and could not lie,so he stayed stum.perhaps we fell for all this overworked and busy stuff,its with the accounts dept,etc,6 million dollar question when did bs staff first know of oft announcement.whistleblower needed?tez