lucy60 v barclays**WON**

[bbch60]

Hi Lucy

I would telephone the courts and explain the situation regarding the dispensed with AQ and ask for another date - not sure if you would have to pay a fee for what is in effect an adjournment - maybe someone else can clarify this.

[lucy60]

Have rang court this morning, they were very helpful, said to put it in writing why I cannot attend and would like another date and it will be refered to the judge for a date, also said bank cases were still going ahead unless informed otherwise.

[saintly_1]

Which court is this Lucy ?

[lucy60]

Gateshead county court. If the banks ask for a stay at the court date could I use the Social Security Act 1992 in my arguement for it to be refused as the were taking charges out of a disability benefit.

[lucy60]

Can anyone help with the wording of a letter to judge to change my date. Thanks.

[lucy60]

can anyone advise please

[slick132]

Hi Lucy,

 

In the absence of any other suggestions:-

 

To The Court Manager

xxxx County Court

 

Dear Sir or Madam,

 

Claim No xxxxx - 20th September 2007

 

I refer to my above mentioned claim which has been listed for a hearing on 20th September. I will be away on holiday on that date so, regretably, I am unable to attend.

 

May I respectfully ask that my case be rescheduled to be heard on the next available Court date when I will be pleased to attend.

 

A copy of this letter is being sent to Barcalys Bank plc for their information.

 

Thank you for your cooperation and I look forward to receiving a revised Court date from you.

 

Lucy

[lucy60]

Thank you thats great, will get it sent off today, does it need to be recorded delivery?

[slick132]

Lucy,

 

Recorded to the court if you want, but not nec'y for the one to B'ys as you're just being polite and keeping them informed.

 

Slick

[lucy60]

received letter from court today case has been stayed until october 2008, gutted, thats more than a year away

[slick132]

Lucy,

 

I'd give the Court a ring - I can't see why it's been stayed for over a year and suspect it's a typo. Let us know.

 

Slick

[lucy60]

exact wording of letter is

 

it is ordered that

1. this claim is stayed until on calender month after final judgement in the test case ( including any appeal) or 31st october 2008 , whichever is the sooner

 

2. either party may upon notice to the other apply to lift the stay at any stage up to the earliest of the two dates provided for in paragraph 1 above

 

3. if no application is made to lift the stay or seek further directions before the earliest of the dates provided for in paragraph 1 the claim shall stand dismissed without further order

 

4. because this order has been made without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. a party wishing to make an application must send or deliver the application to the court ( together with the appropriate fee ) to arrive within 14 days of service of this order.

[slick132]

Okay, So it's stayed until one month after the Test Case or until October next year, whichever is the sooner.

 

What Court is this.

 

You can apply to have the stay lifted - read here at post #2 - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[lucy60]

gateshead county court. read in another thread, JackG , i think is also at gateshead court and his case has been stayed aswell

[slick132]

Lucy,

 

Saw your post on JackG's thread about B's offer that you turned down. I read (somewhere here) yesterday that part of the OFT deal was that banks' settlement offers should be honoured for 2 months before they expire.

 

I'll post back if I find it but, meanwhile, look around.

 

Slick

[slick132]

Lucy,

 

Found it at post #23 here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/94581-barclays-have-made-me.html

 

Any help, Slick

[slick132]

Lucy,

 

Jonnymitch has just posted to you on Jackg's thread as follows

 

 

Hi Lucy

 

I think this para from the FSA website makes it doubtful that you'll have any joy from the bank now. If you hadn't turned down the offer you'd have had two months to consider it, but..... well..... you know what I mean.

 

"you have just been made an offer of settlement by the bank/building society

You can accept the offer or wait for the outcome of the test case. You have two months to decide if you want to accept or reject this offer.

 

If you decide to wait for the outcome of the test case, you won't then be able to take up the original offer. "

[lucy60]

Thanks Slick, think I will give bank a ring tomorrow, its worth a try.

Will let you know what happens.

[lucy60]

contacted bank today they said they are honouring offers for 2 months but only if you have not started court action against them, which i have, but anyway am still going to send in letter accepting offer as guy on the phone said to try anyway.

[lucy60]

if bank do pay out on offer can i still claim costs off them, eg court costs, or will i not be able to do this.

[slick132]

If they honour their offer and you accept, it will be in F&F sett't of THIS claim (because you'll make this part of your agree't). No Court Fees or s.69 int't on top, though.

 

If offer is withdrawn, then you proceed for your full claim plus Court Fees + s.69 interest.

 

Slick

[lucy60]

Bank paid out offer of 75%. Do I now inform the court.

[saintly_1]

If you have the money in your bank then you must send a letter of discontinuance

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post487345 have a look at the one here

[lucy60]

Yes money is in account, will send letter to court to discontinue case. thank you

[slick132]

Lucy,

 

Congratulations on your settlement and well done to you.

 

Slick