Central London County Court - developments

[Camdenite]

Cheers Neil, Looks like I've got a bit of reading and decision making to do. I'm a due to file my N1 against MBNA on Monday. My N244 against Abbey has not shown up so I'll be back in CLCC for that also. Busy morning:D .

[pward33]

Don't envy you but I'm sure it'll be worth it in the end. Keep us posted!

[pward33]

To anyone taking on Lloyds, take heart; they have just settled my claim in full If you're one of those in court tomorrow, then check your bank balance first just in case as they leave it right to the wire and they may have settled without telling you.

 

Lloyds are, by the way, definitely sending Counsel to the hearings at Central London CC tomorrow.

[Camdenite]

Lloyds are, by the way, definitely sending Counsel to the hearings at Central London CC tomorrow.

 

Is that based on what they have said or actual events? Not meaning that to sound blunt, but from what I have read they would always say that they will be present, without any intention of turning up.

 

I wondered the same thing before my preliminary Hearing as it would have been no trouble to send someone the 100 yards from Abbey's head office knowing that no judgement could be made against them at a prelim' and it might just have intimidated me into not taking things further.

[pward33]

No, I asked for the name of Counsel who would be turning up and they told me (can't remember the name), so I'm sure it's true.

 

I asked because one of their barristers (Chris Rogers) actually represented me in another unrelated matter in the same court a few months ago and I was curious to see if it was the same guy!

[Camdenite]

Cheers Neil. You seem well versed in all the machinations of all this :o . Have you heard how anyone got on today?

 

Also, has anyone tried to get through on the 0207 917 5000 no' the last vouple of days? I've had no joy at all. Either ringing out or engaged.

[pward33]

No, heard nothing, hopefully no news is good news...?

 

That switchboard number can be a nightmare; try 917 5010. It's the wrong department but they'll put you through no problem and it can be easier to get through on that one. 917 5062 rings a bell (no pun intended); think that might be the direct number for listings. Worth a try, sorry in advance if that one's wrong!

[Camdenite]

cheers again. It sounds like I need to get through to them urgently tomorrow to start untangling the mess on my Shabbey thread.

[bjones26muk]

I'm due in Central London County Court on the 30th of July, looks to be the same 'preliminary' hearing that others on this thread have had. I'm claiming back just over 1K from Barclays.

 

I've been on the phone to Tom Hickey from Barclays lit., who said they were hoping to settle but would need to look at my file first. So fingers-crossed I will be receiving a settlement offer before I have to make it to court.

 

I'm a bit nervous about the court date incase I do have to go. Can someone please let me know what they had to take along, and if there were any questions asked of them?

[Camdenite]

I'm a bit nervous about the court date incase I do have to go. Can someone please let me know what they had to take along, and if there were any questions asked of them?

 

You should take along along relevant correspondence and your shedule of charges. Don't be nervous about it. Your bank will settle, but you may be told, like I was, by the judge when you actually get in.

 

best of luck (but you shouldn't need it) .

[bjones26muk]

I rang Thomas Ickey today at Barclays lit., who is in charge of my case there. He says Barclays are planning on sending a couple of legal representatives down to LCC on the 30th as there a block of cases being heard. I assume they're going to push for this to go the same way as the Southend block hearing of cases.

[Camdenite]

Hi guys

 

An update with my case. NatWest phoned me first thing this morning and offered me a bizarre settlement of £4911.06.

 

The amount I claimed was £5035.

 

They said I if I accepted the 'good will gesture!' I would receive the cheque recorded delivery tomorrow.

 

I thought it over and considered it probably wasn't worth the hassle and stress of court for £100, so I accepted.

 

Pward have you heard anything from your bank?

 

Cheers

 

Max

 

I think I may have just stumbled on the reason for this on Vampiress's Spreadsheets "Guide To Interest"

 

"Both statutory interest and contractual interest are taxable."

Have a read via the link to her Spreadsheets.

 

Vest regards,

 

Paul

[bjones26muk]

I've just got back from my preliminary hearing at London County Court.

 

Judge Avent seems a decent guy, and it appears from his manner that he's against the banks from this one. Unfortunately, Barclays sent a legal representative who asked for a stay pending the OFT case. The judge said that he's fed up with dealing with bank claims and the courts need to know what to do with these cases one way or the other.

 

So this was his order:

 

The claim be stayed until after the decision of the High Court is given in the action commenced by the OFT pursuant to the Agreement between the OFT and various banks detailed 25th July 2007 to determine points of law common to this action by way of litigation in the High Court.

 

Within 3 months after that decision is given, the parties or either of them shall inform the court in writing whether or not this case has been settled, and, if not, that further case management directions are or a hearing date is desired, and any party seeking further case management directions or a hearing date shall give a time estimate for the small claims hearing.

 

If, withing the period mentioned in paragraph 2 of this order, the court does not receive written confirmation that this case has been settled or a request for further case management directions or a hearing date and such a time estimate, the claim and counterclaim shall be struck out forthwith without further order and with no order as to costs.

 

I argued that the case was not a complex issues of law and that the legality of the charges could be proved in 5 minutes if Barclays provided a breakdown of the costs involved in the charges. The judge said he was aware of this and the judges would be very eagerly pushing to get these charges revealed in the OFT case, and also that the Court of Appeal, was "chomping at the bit" to get hold of the case.

 

I also asked if it was fair that Barclays were still charging unauthorised overdraft fees whilst the claims were being stayed and the legality of them in dispute. He said that it was legally acceptable for them to do so, but if there were to lose the case, he said everyone would be in a position to claim them back.

[Camdenite]

So, not great news then. I was hoping the Judge Avent would not be sympathetic to requests for a stay. Did he mention anything about a set aside?

 

"Within three months of a high court decision". I'll be requesting the day after!

[bjones26muk]

I don't think there was mention of a set aside.

[Camdenite]

I think it may be worth you applying for one though. That has been the advice on here since Thursday should the bank apply for a stay. Do you have your own thread for your case? It may be worth flagging this on there too.

[bjones26muk]

Thanks Camdenite,

 

My own thread is at Smawbe vs. Barclays

 

Will figure out what to do now!

[pward33]

Hi

 

Sorry, but I'm afraid not at all surprised, to hear about this bjones26muk, and thanks for letting people know how it went.

 

You now have 14 days, I believe, in which to apply for the order to be set aside so it's worth looking into the arguments over the coming few days and seeing whether it's a possibility.

 

Sounds like you put up a good fight!

 

All the best

[Camdenite]

Hi all, early days yet, but I have another Preliminary Hearing with Judge Avent booked for the 7th September. However it seems as though there is another set of mass hearings the following week.

 

I phoned the court to see whether a stay had been applied for, and it appears I'm having my case dealt with separately! Probably due to the lost Application Notice issue;) . There's no's stay been applied for yet, but probably just a matter of time. The young lad I spoke to didn't seem to think that all stays we're being granted though, which is good news, I guess.