tonycee v barclays i owe i owe its off to court we go***WON***PRE OFT

[saintly_1]

Thanks Saint. Swear i couldnt have done it without you..

Why do i feel flat about this ?

Proberbly because you had geared up for the long haul ....

[tonycee]

you should be okay because it has already been kicked out, they might just play silly buggers and stall the payment making you go back to the judge to order the payment. hopefully they will accept defeat gracefully and pay up.

 

Im not happy, NatWest defended 20th June, paid in full 03 July, i informed court to stop claim, about 2 weeks after requesting a stop to the claim, that case was thrown out as an abuse of process . Monday Cobbetts phoned and asked my not to enter judgement against Natwest, despite my efforts to tell them i have been paid they are sending ANOTHER cheque ( i think its at royal mail office to collect )

 

Im doing this from memory so forgive me if i contradict myself..

 

These claims & payment(s) total £6500 but i feel totally flat........

Something MUST go wrong..

[saintly_1]

Because you have come to the end of the journey very abruptly ....

[GaryH]

Something MUST go wrong..

Relax - you've won!!!

 

Nothing will go wrong. Just enter judgement and wait for them to pay up. Theoretically they could apply to set-aside the order but rest assured that they won't - if they wanted to do that they would have to have very good grounds to, which they haven't. It would also mean that they would effectively be committed to seeing the claim through all the way to court, which as we all know, they won't.

[tonycee]

Relax - you've won!!!

 

Nothing will go wrong. Just enter judgement and wait for them to pay up. Theoretically they could apply to set-aside the order but rest assured that they won't - if they wanted to do that they would have to have very good grounds to, which they haven't. It would also mean that they would effectively be committed to seeing the claim through all the way to court, which as we all know, they won't.

 

I allready filed for judgement on 10th July, then i received court letter dated 18th July saying defence had been filed, on the 10th July ( SO WHERE IS IT ? ),

then the strike out was dated 19th, hope you can work out whats going on because im stummped...

[tonycee]

Judgement for claimant ( in default ) 24 July 2007

 

To the defendant

 

You have not replied to the claim form

 

It is therefore ordered that you must pay the claimant loadsa money for debt (and interest to date of judgement) and £120 for costs.

 

You must pay the claimant a total of £ 2,378.44p FORTHWITH.

 

WARNING

 

If you ignore this order your goods may be removed and sold, or other enforcement proceedings may be taken ETC ETC ETC

One down, One, 2 days behind.

LETS SEE THE SLIMEY SODS WRIGGLE OUT OF THIS ONE>>>

[tnook]

Fantastic!!

[Fat.Controller]

Hi tonycee

 

I have just received a 'Judgement by Default' because Barclays did not acknowledge the claim (N1), it reads exactly the same as the one you posted, even the same date.

 

In my case the default sum is half CCI and therefore more than I would have been offered in the normal course of events.

 

Today I received a letter from Dino at Barclays litigation, " Please contact me as soon as you get this......" They have offered charges + 8% which is considerably less than the default sum and stated that although they could still apply for the judgement to be set aside, as a gesture of goodwill etc........

 

They have also attached a list of conditions which include me asking the court to set aside the judgement.

 

I am not too concerned about the 'bluster and bluff' in the letter but I have been looking at Part 13 CPR and it is very ambiguous about the courts powers to set aside a judgement by default.

 

What do people think about Barclays chances of getting it set aside if I don't play ball?

 

FC

[dar£n]

Fat, its not a case of you not playing ball, but you should seriously consider their offer of settlement with 8% interest. it is a lot harder to get the judge to award the CI.

If you Do decide to reject the offer then they most definately WILL get the stay until the OFT hearing.

Personally, I would take it,, but the choice as always is yours.

And with Dino handling it, you know its gonna get done.

[tonycee]

Fat, its not a case of you not playing ball, but you should seriously consider their offer of settlement with 8% interest. it is a lot harder to get the judge to award the CI.

If you Do decide to reject the offer then they most definately WILL get the stay until the OFT hearing.

Personally, I would take it,, but the choice as always is yours.

And with Dino handling it, you know its gonna get done.

 

Need i say more ???? Would someone please tell Dino where I live ?

 

What do people think about Barclays chances of getting it set aside if I don't play ball?

 

FC

?????????????????????????????????

 

I have NO idea.

 

Good luck with whatever you decide.

[Fat.Controller]

tonycee, sorry for hijacking your thread.

 

Dar£n - The CCI is already part of the default judgement so I don't have to worry about winning that arguement. My concern is with Barclays chances of having the default judgement set aside.I think they would have tried if they thought they had a case.

 

There would have to be a hearing on that issue before they could apply for a stay.

 

FC

[tonycee]

tonycee, sorry for hijacking your thread.

There would have to be a hearing on that issue before they could apply for a stay.FC

 

Hijack away, i am every bit as interested in the possibilities as you.

[dar£n]

Fat, I have just had a quick look for your thread to get some background...cant find it.

 

Are you saying you have been awarded the judgement by the judge?

[welshcakes]

Seems to me that the way to go whilst we sit twiddling thumbs for Test Case is to jump on any incidents of non-compliance immediately. If they won't meet us head on, let's pile in the side door!

[dar£n]

ref non compliance check this email received today from ICO

Thank you for your email of July 27 regarding your Subject Access Request to Barclays Bank.

We wrote to Barclays Bank on June 26 giving them 28 days to supply you with the information you had requested. If you have not received this information within the 28 days please let us know and we will take further action.

The banks are still required to comply, within a set time scale, with requests made under the Data Protection Act regardless of the activity currently reported in the media.

 

 

 

well derrrrr doesnt take much to work out that erm i think that even their 28 days has been ignored...

[welshcakes]

"If you have not received this information within the 28 days please let us know and we will take further action."

 

So what, they're going to put them on the naughty step? My definition of action has always involved Bruce Willis or Aliens fighting Predators with lots of noise and flashy stuff and, most importantly, a discernable outcome!

 

Oh dear, time to get out my Save the Whale badge

[tonycee]

Oh dear, time to get out my Save the Whale badge

 

Do we have a spare Save my thread badge..

 

Dont mind the highjck, but tell me something i want to know.

[Fat.Controller]

Dar£n3

 

I have now updated my own thread

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/76170-fat-controller-barclays.html#post1048352

 

tonycee, thank you for your patience.

 

FC

[tonycee]

full report from an entertaining afternoon at Kingston County Court **MUST READ**

Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others.

 

I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment.

 

First of all the cast.

 

The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two.

 

On the front row representing Barclays was a youngish lady in her late twenties looking every inch the up and coming Lawyer, impeccably dressed, hair tied up, small bifocals. She had a huge file in front of her containing the details of all the dreadful people who had the nerve to challenge Barclays.

 

To her left was a rather distinguished duo who were representing a No win No fee company and subsequently it turned out were representing a significant number of the claimants listed for the day

 

Directly behind them, relegated to the 2nd row was the rather sad looking figure representing Lloyds TSB. Compared to the snappy dressers in the front row he was clearly 2nd division and if on the off chance your reading this treat yourself to a new tie. No one is going to take you seriously wearing that!!!

 

The rest of the court room was packed with 30-40 claimants and you could cut the atmosphere with a knife as everyone was thinking the same “ Please don’t let it be me called first”

 

The first business of the afternoon was to deal with some overspill from the morning involving Lloyds. 3 or 4 cases had clearly been settled as a result of some frantic phone calls during the lunch break. The case names were mentioned and the bloke from Lloyds repeated several times weve settled. There appeared to be a dispute about the account number on one of these cases as the claimant had written the wrong number on his schedule.

 

Sensing his opportunity the man from Lloyds jumped to his feet shouting “Move to strike out the claim” “Don’t be ridiculous” retorted the judge “just put the correct account number on the schedule” We will settle” mumbled the man from Lloyds somewhat disheartened by his failure.

 

I personally don’t like to kick a man when he’s down but the judge showed no such sympathy. “Are you a barrister,” he asked “ No he replied” “ A legal clerk” no” “What are you then” asked the judge “ I used to be an old managing clerk”

 

A slight titter could be heard from the big hitters in ringside seats as the man from Lloyds buried his face in his papers.

 

Then from nowhere appeared a flighty young lad, plonked himself next to the Barclays barrister and in a lawyer sort of way gained the attention of the Judge. He was representing the bank of Ireland and needed to get away quickly so could he go first.

 

The judge obliged and the claimant in this case stood up. The flighty man from Ireland informed the judge that everything had been sorted out (They Settled) and the claimant had consented to the case being withdrawn. The judge asked the claimant if he agreed “ absolutely” he replied “I’ve got to get back and open up my pub and by the way there’s a Gin and Tonic waiting for you on the house”

 

The judge smiled “I better not but I’m sure my clerk could do with one”

 

Things had started well for the claimants and you could feel the relief in the court.

 

Next up was Nat West or well they would have been had they turned up. The claimant informed the judge that they had agreed to settle but he hadn’t had the money yet. The judge agreed to an adjournment to allow time for the money to be paid.

 

The young claimant wasn’t finished there. “Id like to apply for costs” he demanded. The judge didn’t look at all fazed and asked what he would like. Buoyed by this the claimant produced his civil procedure book, no doubt purchased from this site, and started to quote from it.

 

The judge appeared caught by surprise and stopped him. “ If you are going to start quoting civil procedure rules we are going to have to put you at the end”

 

The claimant left a bit crest fallen but lived to fight on later in the day.

 

It was then time for the first of the many Barclays cases. The case was called, the pristine Lady from Barclays flicked to the correct page in her huge file with ruthless efficiency.

 

Distinguished gent to her left rises and states he represents the claimant.

 

Pristine Lady states that Barclays have not received a schedule of charges so could not deal with the claim.

 

Distinguished gent states “that’s a bit surprising as they are stapled to the back of the Form N1 of which you have a copy”

 

Judge agrees and there is an uncomfortable silence as the pristine lady ruffles thru her papers.

 

“Ill have to take instructions”

 

“You do that” states the judge!! Adjourned for Barclays to get their Act together.

 

Then followed about 7 or 8 Barclays cases with the same outcome.

 

"No schedule of charges" she muttered.

 

I’ve sent them to you a hundred times shouted the claimant.

 

"Ill have to take instructions" ever more quietly

 

Then came the first mention of expenses from one of the claimants. “I’ve had to take a day of work to come here can I claim costs”.

 

The judge seemed receptive “What is your job” he asked

 

“Telephonist” she replied

 

How long have you been here?

 

“3 hours”

 

How much do you earn?

 

“£7 an hour”.

 

“That seems reasonable to me costs awarded £21”.

 

You could here the cogs werring in the brains of the claimants as they sniffed an opportunity.

 

Every case after that the opportunity for costs was ruthlessly exploited

 

“What do you do for a living sir?”

 

“Consultant sir” states the defendant

 

“How much do you earn an hour?”

 

“£50” stated the defendant

 

“How long have you been here?”

 

“Since this morning sir”

 

“£270 costs awarded”

 

“What about my car park bill that’s another £10”

 

“£280 costs awarded.”

 

One optimistic claimant even tried to get Barclays to pay for the possibility that she may be clamped in the local car park.

 

That was one step to far for the ever-generous judge who with a wry smile politely refused.

 

Next up Abbey National. Several defendants were awarded judgements and costs on an ever-increasing scale as Abbey couldn’t be bothered to turn up

 

Even the man from Lloyds was joining in the party. Realising that he was on the wrong side of a bit of a hiding he started advising one of the Abbey national claimants on how to calculate 8%.

 

One claimant from alliance and Leicester (Who also failed to turn up) was despatched from the court by the judge to find a calculator so he could add up the daily interest rate.

 

amongst the carnage There were a few successes for the banks

 

A couple of Barclay’s claimants failed to turn up and their claim was struck out. The not so pristine lady from Barclays asked for costs.

 

“How much do you earn” asked the judge.

 

Surly she wasn’t going to answer !! She muttered, stumbled then came out with the old favourite “ Ill have to take instructions”

 

The judge took sympathy on her and adjourned the hearing pending costs.

 

A couple of other significant things happened.

 

Alliance and Leicester had written to the judge stating they were going to defend one claim. The defendant was furious.

 

“They should have been here then” he snorted.

 

The judge with another crippling blow ordered full disclosure by the A & L within 14 days or their defence would be struck out

 

He calmed the claimant by informing him that he need do nothing and he should expect some sort of offer of settlement as soon as they receive that letter.

 

Several claimants asked if members of their family could speak on their behalf and this was allowed although to be honest it wasn’t necessary.

 

I left the court just after 3.30 having witnessed a complete route of the banks on almost all fronts.

 

Lessons learnt.

 

Don’t be afraid of the court

 

Do turn up

 

Have all your paperwork with you

 

Work out your costs and settlement figure before hand

 

 

I know this is only one court in one part of the country but hopefully this will encourage everyone to keep at it.

__________________

 

This report is taken from a thread by rogerebaker who deserves all the credit. I have simply " borrowed " it in light of events to try and cheer you up. Thanks Roger, hope you dont mind.

 

If you enjoyed and want others to read, please add comment.

[Rhibox]

Classic... you've just made my day!!!

 

Rhibox

[SamaraSea]

Absolutely superb, renewed my faith and nerve tony.

 

Sam

[taff-p]

Justice was done this day at kingston county court..fantastic.

[dar£n]

Nice one Tony, that should boost a few members confidence

[smutley]

a brilliant result, think Ill move from Cardiff to Kingston !

[tonycee]

Guys & gals. I was looking at this

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

 

I cant work out (thick or what) if i won by

 

1. Default. The defence was struck out as an abuse. Or

2. A determination from a judge.

 

Any ideas ?????