SarahApples vs Barclays 16.8.07 - **WON IN COURT**

[olden]

The Cardiff court letter stating that 'It is ordered that the claim be stayed with immediate effect' and so on, was dated 7 August, the Barclays letter also dated 7 August stating' you should be aware that the bank will immediately apply to the Court for an order to stay your case' this means that they didn't even have to apply!! because the judiciary had already decided to do this because they wanted to get rid of this huge block of cases which were clogging up their court. The Court is favouring the banks. If my case was left in Newport where it was first transferred to, it probably would have gone ahead, as would a lot of the others in courts in South Wales .

 

I do think there should be some serious complaints made to someone, but how since the FOS agreed with the bank s request not to proceed with any case they are hearing until the outcome of the test case. and the FSA has agreed with them to suspend the normal timetable for dealing with bank charges complaints. We won'tget them to overturn their decision will we, I am waiting for my answer from Rhodri Morgan

[GuidoT]

Nice work SA.

[tezl]

The Cardiff court letter stating that 'It is ordered that the claim be stayed with immediate effect' and so on, was dated 7 August, the Barclays letter also dated 7 August stating' you should be aware that the bank will immediately apply to the Court for an order to stay your case' this means that they didn't even have to apply!! because the judiciary had already decided to do this because they wanted to get rid of this huge block of cases which were clogging up their court. The Court is favouring the banks. If my case was left in Newport where it was first transferred to, it probably would have gone ahead, as would a lot of the others in courts in South Wales .

 

I do think there should be some serious complaints made to someone, but how since the FOS agreed with the bank s request not to proceed with any case they are hearing until the outcome of the test case. and the FSA has agreed with them to suspend the normal timetable for dealing with bank charges complaints. We won'tget them to overturn their decision will we, I am waiting for my answer from Rhodri Morgan

cheesed off why this is not in the press and on tele,blanket stays.ok.all cass carrying on.ok. but not the inconcistency that is happening.peoples lives being messed about by peoplewho earn in a week what were asking for.tez.

[olden]

Hi tezl this is all wrong and no one is taking any notice as you say, a few of us contacted the press( look on cardiff directions hearing site and kelley vs hsbc) so far no one has contacted me back.

the big boys have co-oersed broken the rules to suit themselves, the courts want an opt out, and are helping the banks to break the law!! and no one is doing anything about it. we need a massive complaint to make any impression.

[tezl]

hi, read a post some where.where some one said we should sue the courts.know its not possible but it seems right.the human rights issue must come into it.the oft ,at the moment and in my case i could not care less about them,they have got in the way.the bank charges cases could go on forever more,eternity,or until the banks reduced charges themselves to a level they could prove in a court.people could have sued them say every 3 years.the oft have done nothing more than muddied the waters.

[olden]

Hi val here I have today received a postcard from the House of Commons! this is the reply from the well written brilliant letter of smutleys (& co) sorry I've forgotten who began the template?) to the Master of Rolls ! i.e.:

"Thankyou for your communication of the 14 August 2007, which will receive attention" THATS IT!!!

[tezl]

Hi val here I have today received a postcard from the House of Commons! this is the reply from the well written brilliant letter of smutleys (& co) sorry I've forgotten who began the template?) to the Master of Rolls ! i.e.:

"Thankyou for your communication of the 14 August 2007, which will receive attention" THATS IT!!!

hi,things are getting better,years ago they would have ordered you to shut up and get back down the mine and be thankful for what youve got.tez.

[everybodiesmum]

Hi Juicyd

Olden suggested I come here and ask you f or advice.

I started my claim in January. It was transformed from Northampton to Carmarthen to Cardiff.

On 8th.June I submitted an N244 to amend my particulars of claim.

Eventually after many phone calls to the courts (they said the Judge was on leave)I saw Judge Hendicott on the 9th. August. Following this....

 

I received an N24 General Form of Judgement or Order

1. Leave to Claimant to amend POC etc.

2. The Defendants shall file and serve an amended Defence within 14 days of re-service.

3. The hearing on 14th. Aug 2007 is vacated.

Dated 09 August 2007

 

Its now the 28th, Aug. Should I have recieved a Notice of Issue from the courts? Otherwise how can I count of the 14 days that Barclays has to file their defence.

Omigod its getting complicated.

Any advice would be much appreciated

[KennyVinegar]

cheesed off why this is not in the press and on tele,blanket stays.ok.all cass carrying on.ok. but not the inconcistency that is happening.peoples lives being messed about by peoplewho earn in a week what were asking for.tez.

 

That's exactly what I thought tez, when the judge was giving his reasons for awarding a stay, although he was mentioning that it is "distressing to the claimant to drag out the situation", blah, blah, I was only asking for £810 back, which I thought 'well i suppose you probably earn that in a day so it's not much to you'. What is the point in staying a case for over a year when claiming such a small sum (to the court and the bank), how is that cost effective??

[olden]

Hello, Hang on in there for a bit everybod, I think Juicyd is on holiday if you read back, so don't give up yet

val

 

Kenny I quite agree we are also paying for the banks use of the court, we have paid our fees, and not getting the hearings. Have you sent your objection letters? we must all do as much as possible involve the government they are the only ones who can change anything at the moment.

[juicyd]

Hi everybodiesmum, sorry I have indeed been on holiday.

 

You won't receive a new notice of issue from the court, just serve (ie post to your bank's solicitors) your amended Particulars of Claim. The 14 days for their Defence will start from the day they receive these.

 

I gather you had a hearing on 14 August along with many others which has now been vacated ? The Order in your case however doesn't say your claim is stayed so serve your amended POC as soon as possible and see what the bank does.

 

They will probably apply for a Stay then. Commiserations - it sounds like Cardiff claimants are getting a really raw deal

[everybodiesmum]

Hi JuicyD

 

I sent three copies of my amended POC to Cardiff cc.and got my date to see judge. When I saw the Judge on the 9th., he said I didn't have to do anything - they would be sending my amended POC to Barclays.Judge Hendicott was friendly and helpful)

 

Spoke to the court today and they said that Barclays had not filed a defence and therefore I had won by default and that they would sent me the REQUEST FOR JUDGEMENT FORM" However I've found the form on this site.Should I not just get this off to the court ASAP? I was going to do it tomorrow.

[juicyd]

oh I SEE!!! sorry, my fault - I misread that you had actually had an appearance before the judge.

 

well - CONGRATULATIONS!!!!!

 

Yes - definitely get the form from here (or court service website) and send it off. The moderators here advise people to wait a week after a default to apply for judgment because banks have been applying to set them aside. It would seem that your PoC were probably (hopefully!) served on 9/10 August so your bank probably had 14 days from say, 12 August so are a good three days outside time now.

 

Get that form in and get your judgment!! very good news:)

[everybodiesmum]

Feeling hopeful - don't want to count my chickens yet though!!!

Can you tell me on the Request for Judgment Form

 

Section D

Amount of Claim as stated in claim form inc. interest I'm OK with, but next bit

 

Interest since date of claim(if any)...........

Period from................To....................

Rate................%

 

Should I update my SOC

to give further interest accrued?

How do I know what date to put for To................

or do I use the interest pursuant to s.69 C.C. Act 1984 bit

Thanks for your help

[juicyd]

Interest from date of claim should equal the daily rate of interest x 21 days (ie since your amended claim was served, which I am assuming included an up to date figure for interest?)

 

Period from 9 August to 30 August

Rate - give the daily amount

 

I'm sure you know this but an easy way of working out the daily rate is to multiply the amount of your claim by 0.0022

[juicyd]

oops sorry I left out a zero there, it should be 0.00022 !

[everybodiesmum]

Juicyd

 

sorry to be a bit thick here. I updated my SOC when I submited my N1 on 8th. June. Although I took a further updated SOC (to 9th Aug) and actually my court bundle, when I saw judge on 9th.Aug. he said he didn't need any further paperwork.Maybe I should have given him new SOC then. So should I put

Period from 8th.June to...............30th Aug

 

Thank you for putting up with my stupid questions

[livelylad]

Thread moved to success forum.