DOS v Barclays - Personal Account

[Destinyofsouls]

Well, just got back. hearing was finally at 11.40. Barclays sent counsel from chambers 1hr drive away.!!!

 

He proposed draft directions for the court to consider, which were just the usual order you would get before a hearing, court bundle 14 days yada yada yada.

 

One thing that I was very angry about was the fact the judge had no time for me at all and concentrated all his talking to the counsel.

 

He mentioned Kevs case in Brum and suggested, although it wasn't a precedent, there must have been something in the contract to suggest that they were not penalty charges.

 

He then asked their counsel if, in the terms and conditions, there was a provision to charge the customer in allowing them to go overdrawn. The counsel said yes. The DJ then said, in that case, I cannot see how it is a penalty charge.

 

He has allowed the defendants draft order and is going to allow 3 hrs for the case to be heard in Sept.

 

I asked the DJ that, if the defendants are going to rely on T&C's, would they have to supply T&C's relevant to the date of the charges when the accouht was opened and any other amendments thereafter.

He replid " Of course, that's what it means by 'any relevant documnets ' I'm sure the ( by now very smarmy) counsel knows that.

 

'yes sir' replied the smarmy counsel to the smarmy judge.

 

So it looks like we have another judge Cooke here.

 

I took the list of 150 odd cases settled out of court but he dimissed that saying ' what difference does that make? If they have settled a 1000 but decided to defend this one, that is their perogative and I'm not interested in how many they have settled beforehand.

 

So that's it folks. And I got a £60 parking ticket to boot!!!¬

 

Any thoughts? ( not about the ticket, although if you want to pay it ........)

 

I don't think for one moment the bank will pay up on this one, not after the smarmy judge seemd to be on smarmy counsel's side.

[un1boy]

Well, just got back. hearing was finally at 11.40. Barclays sent counsel from chambers 1hr drive away.!!!

 

He proposed draft directions for the court to consider, which were just the usual order you would get before a hearing, court bundle 14 days yada yada yada.

 

One thing that I was very angry about was the fact the judge had no time for me at all and concentrated all his talking to the counsel.

 

He mentioned Kevs case in Brum and suggested, although it wasn't a precedent, there must have been something in the contract to suggest that they were not penalty charges.

 

He then asked their counsel if, in the terms and conditions, there was a provision to charge the customer in allowing them to go overdrawn. The counsel said yes. The DJ then said, in that case, I cannot see how it is a penalty charge.

 

He has allowed the defendants draft order and is going to allow 3 hrs for the case to be heard in Sept.

 

I asked the DJ that, if the defendants are going to rely on T&C's, would they have to supply T&C's relevant to the date of the charges when the accouht was opened and any other amendments thereafter.

He replid " Of course, that's what it means by 'any relevant documnets ' I'm sure the ( by now very smarmy) counsel knows that.

 

'yes sir' replied the smarmy counsel to the smarmy judge.

 

So it looks like we have another judge Cooke here.

 

I took the list of 150 odd cases settled out of court but he dimissed that saying ' what difference does that make? If they have settled a 1000 but decided to defend this one, that is their perogative and I'm not interested in how many they have settled beforehand.

 

So that's it folks. And I got a £60 parking ticket to boot!!!¬

 

Any thoughts? ( not about the ticket, although if you want to pay it ........)

 

I don't think for one moment the bank will pay up on this one, not after the smarmy judge seemd to be on smarmy counsel's side.

 

Well done mate!!

 

I can't believe the Judge's attitude.

 

Just do as the Judge says and I am sure that Barclays will pay out mate.

[Bookworm]

4 threads merged.

 

So, 1 case (different bank, different t&cs, different defence) in B'gh matters, 100's settled don't, huh... No bias at all, then.

[Destinyofsouls]

Booky, one thread was for my Ltd company the other for personal.

I was wanting advice on my Ltd company claim

[Bookworm]

Oh, ok, sorry about that, but you have 3 PAGES of threads all over the place, so a bit hard to follow unless I read every one of them. I'll see if I can split them again, and next time, can you keep to one thread per claim and label the different types of accounts clearly on your title, thanks.

[Bookworm]

The first few posts, about "overdraft fee" was that for personal or Ltd account?

Directions hearing, both thread for personal, yes? Just so I can see if more need moving or not. Also changing your titles to avoid future confusions.

[Destinyofsouls]

Hi bookworm,

All above threads are now for personal.

 

Thanks

 

destiny

[Destinyofsouls]

Remember, the judge will understand that you are not experienced at this,

just state the reason you are there. He didn't care

 

the bank has applied what you feel to be penalty charges to your account for being overdrawn etc He didn't feel that

its not the fact of being charged its the amount you were charges for doing so.

and would like the bank to show how they got to the amount of £20, 30 35 for each charge when it has been shown [the whistleblower tv program] that it only costs the bank £1.50 - £2.50 to apply the charge.Wasn't interested, said it was not up to the bank to prove the cost, it was up to me to prove they are penalty charges

it is also stated that banks are not allowed to make a profit by applying penalty charges, which they clearly are. he didn't think so

you are there today to either request your money back shown in your SOC's

OR

the bank to clearly show and prove how they legally arrive at the amounts charged.

 

point out there are thousands being paid out daily

approx £15,000,000 on CAG alone. Did do but he wasn't interested

 

good luck

Thanks. I think this is a no brainer

[un1boy]

Then Judge said it was up to you to prove they are penalty - well how the hell can you do that if they don't declare EXACTLY how much it costs them?

 

The UTCCCR clearly states they can't profit and that it can only be charged to cover costs.

 

If he says you have to prove it, he should order standard disclousre and the bank shuold provide you what you need.

 

Jeeeez

[Destinyofsouls]

Then Judge said it was up to you to prove they are penalty - well how the hell can you do that if they don't declare EXACTLY how much it costs them?

 

The UTCCCR clearly states they can't profit and that it can only be charged to cover costs.

 

If he says you have to prove it, he should order standard disclousre and the bank shuold provide you what you need.

 

Jeeeez

 

He says there are provisions in the T7C's for the bank to charge and therefore cannot be a penalty charge.

 

I was going to say ' I understand they can charge, and I am quite happy to pay thier true costs for this, so if the defendants would like to supply me with that information, I will gladly deduct that from the claim.'

 

However, I felt that I was on a loser as soon as I opened my mouth. I thought the SCC was to help lit in person. If so, someone needs to let the judge know.

[paulson1985]

DOS

 

You did your best it is not easy fo an ordinary person to face a judge and a barrister.

 

I hope everything comes together for you.

 

You now have some time to prepare your case, use the time wisley, make sure you have everything you need, and everything you intend to rely on at your hearing.

 

You will get loads of help and support on here.

 

I wish you the very best of Luck (but you wont need it.

 

( Bummer about the parking ticket though)

[Destinyofsouls]

Thanks paul,

 

Your support is very much appreciated

[un1boy]

In terms of the parking - check this forum, there are threads about them being unlawful.

 

Also, ask them for the evidence (photos etc) I had one revoked because the date on the camera was 2006 instead of 2007!!

[smutley]

Im too late to offer any help and support..... but please let me know how you got on... my Directions Hearing is on 14 Aug and looks like Barclays are going to attend and I'm as scared as you were!! Hope it went well today..

[paulson1985]

My friend is in court today with Barclays her court date was set months ago, Nothing from them at all not even a bundle which the judge ordered them to provide.

 

Until yesterday she got a phone call from the litigation dept saying they would fax her a settlement as long as she informed the court the case was settled, she said she would not do that because she had not seen the offer, But if they sent her the offer she would inform the court they had made an offer, and ask for an adjournment to give them time to pay her.They refused to send the offer until she agreed to cancel the court.

 

So stalemate.

 

Be wary of them

[un1boy]

My friend is in court today with Barclays her court date was set months ago, Nothing from them at all not even a bundle which the judge ordered them to provide.

 

Until yesterday she got a phone call from the litigation dept saying they would fax her a settlement as long as she informed the court the case was settled, she said she would not do that because she had not seen the offer, But if they sent her the offer she would inform the court they had made an offer, and ask for an adjournment to give them time to pay her.They refused to send the offer until she agreed to cancel the court.

 

So stalemate.

 

Be wary of them

 

Jesus, what is their problem? They are just bullies, aren't they?

 

I even told Barclays that in a letter and they didn't even mention it in their reply, so they haven't denied it!! haha

[un1boy]

BTW Paul, your friend was right to do what she did!! good on her!

[paulson1985]

I just wanted to warn everyone to be carefull with them and be aware of what they may do next.

 

Because we just never know there tactics from one day to another.

 

Have you all seen the post regarding high court.

 

Near the top ot the Barclays threads Have a look.

[Destinyofsouls]

I feel the biggest problem was that the judge had al;ready decided what he was going to say/do, and that was to treat me like a piece of s.

 

I cannot understand why B's sent counsel from 1 hr away to attend. He must have set off at 9.00 am to be there in time avoiding traffic. The case was over by 12.00noon. Then 1 hr back. That's 4hrs paying a barrister ? why? to prove a point?

It would be nice to get 6 yrs of T7C's from them though

[un1boy]

I feel the biggest problem was that the judge had al;ready decided what he was going to say/do, and that was to treat me like a piece of s.

 

I cannot understand why B's sent counsel from 1 hr away to attend. He must have set off at 9.00 am to be there in time avoiding traffic. The case was over by 12.00noon. Then 1 hr back. That's 4hrs paying a barrister ? why? to prove a point?

It would be nice to get 6 yrs of T7C's from them though

 

It won't of been a barrister, he would of probably been a junior in the law firm, nothing major - they would not pay a barrister to attend a direcitons hearing.

 

They do it to scare you - don't let them. Stay calm, and remember you are in the right.

 

I think the Judge is out of order too - can't you ask for a nother Judge? It would be interesting to learn if he has shares in the Barclays.

[Destinyofsouls]

Have you all seen the post regarding high court.

 

Near the top ot the Barclays threads Have a look

Can't see it Paul, what is the thread title?

[paulson1985]

As i said before be wary of them.

 

I must admit your judge sounds rather harsh.

 

I wonder if it is possible to ask for another judge?

[paulson1985]

Barclays Bank in court going to high court.

[Destinyofsouls]

I will have to get the T&C's firmly under my belt for this I think, and do my best to prove they are a penalty charge.

Not easy when you have a judge who is against you from the start.

[paulson1985]

I understand how you feel it is nerve racking I had it all with Lloyds.

 

Just keep your nerve get everything together and be prepared.

 

Perhaps if you had someone go with you when the time comes.

 

Have you tried the buddy list were abouts are you?