That Salford Business Claim - Sweeney v Barclays

[EXC]

Re: That Salford Business Claim - Barclays

well hopefully FSI will come up with something

Well they're certainly going to come up with a bill they forgot about. I should have kept my trap shut.

[Amethyst]

Re: That Salford Business Claim - Barclays

Right how to handle these letters.

Options

1) run away

2) ask for a stay 30days etc (in t/as cases) due to the utccr issues as business account apply to test case

3) ask for stay of a month or so to negotiate settlement (the banks do this just to buy time and claimants can too - will buy time to find out more about this judgment) and say a stay on ANY further proceedings (so the strike out applications get stayed too)

4) write back and ask for preaction disclosure and evidence of the salford case (ie that is was penalty charges etc)

BEFORE BARCLAYS stick in their strike out requests which i suspect they will do in bulk batches on all business cases.

If the strike out appl is already in ask for a stay pending test case (in t/as accounts) ? that or to allow the claimant to research new information defendants submitted.

When barclays put in the strike appl will they use the salford judgment as persuasive? and will they have to detail the actual details? or are they using it simply as a threat?

They are giving people 14 days...so we have to move quick to get response/applications in.

I think option 3 after discussing with Tools but really want some other thoughts on this - there are stacks of these all over the place - simply to scare people.
Along with option 3 ask the bank for more info under part 31/18??

If you just pull out on receipt of this letter would barclays go for wasted costs.

[Paule]

Re: That Salford Business Claim - Barclays

If you just pull out on receipt of this letter would barclays go for wasted costs.

I would think that they wouldn't, but if they did you could argue that upon the contents of the letter they implicated that they would go for costs if you 'continued' the claim, therefore implying they wouldnt if you dropped the matter.

[Amethyst]

Re: That Salford Business Claim - Barclays

i'd agree with you Peeks. thanks.


Right something else - a lot of these claims are already stayed in the courts pending the test case. ie that they are t/as accounts and thus already waiting the utccr judgment. Can barclays still apply to strike out claims that are currently stayed?

[Tools]

Re: That Salford Business Claim - Barclays

I think the Barclays letters being sent out are intimidatory as they know most claimants see the words "costs against you" and drop their case out of fear.

After this afternoons discussion with Ame, set out simply, here is what we came up with. There are basically 3 situations to deal with as soon as possible if/when they receive that letter from Barclays .

The claimant has a case not already stayed, before Barclays apply for a strike out.
In this case they should submit a stay application to the Courts for at least 30 days on the grounds of "reaching a settlement with the Defendant". The Judge is most likely to grant this as they are usually agreeable to parties attempting settlement. The stay application should also state that the Claimant is also seeking further information from the Defendant.

They should also write to Barclays requesting the Salford judgment in full asking them to detail which points they intend to rely on should they enter a strike out. They should also ask for exact sections of the Test Case judgment they also intend to rely on. [will work on a template? letter to send]

Barclays have applied for a strike out in the Courts.
Again, the Claimant should submit a stay application and also, depending on wether Barclays have already included the information from the Salford judgment and Test Case (which under Part 31 they should anyway), submit a Part 18 and/or a Part 31 request to the Court/Barclays requesting the additional information and supporting documents on which they intend to rely on for the strike out.[again will work on a letter to send]

The case is already stayed, but Barclays apply for a strike out anyway.
Similar to above but the Claimant should ask for the stay to remain whilst a Part 18 / Part 31 is also submitted as above.

[ed.]

Re: That Salford Business Claim - Barclays

Just read this fully, does sound very reminicent of Berwick and others and the letters Banks sent out around that time.

[Tools]

Re: That Salford Business Claim - Barclays

That is exactly what we thought ed.

There was the Kevin Berwick v Lloyds and also the citicard judgement, if memory serves me right, with Lickthewallfatboy over on CAG?

Neither of those two cases came to much in the way of deterring individual cases when they came to court and were also used to put the frighteners on claimants.

Ame and myself plan to work on the letters over the next couple of days, do we have any comments or suggestions from anyone or additional ideas?

Everyone's input would be most welcomed.

[grey nomad27]

Re: That Salford Business Claim - Barclays

Hi been reading through threads with interest - my post 'Threatening letter charge reclaim' I believe was transfered across from MSE forum by Amethyst. I received my letter from Barclays on 23rd - so have until the 6th May to reply - please hurry up with templates !!!!
I expect you have the Salford claim number by now but if you haven't its 8QT39435 the General form of Judgement was dated 20 March 09 - stamped copy sent to all parties 02 April 09 and date stamped 06 April 09

[ed.]

Re: That Salford Business Claim - Barclays

Not seen a thread or letter myself on this subject, other than this thread, but have you thought of contacting the FSA citing the previous 'spin' from the Banks? Make the complaint based on them supplying the loosest of details that suits them for a very threatening letter that in effect is designed to scare, intimidate and deter an individual's right to use our judiciary due to the threats of a thousand of so in costs, despite many claims existing in the small claims Court.

The cited ways forward by you and Ame are the only obvious ones I can think of Tools, but I'll certainly jump in once you have a draft posted to see if there's anything I can offer.

[Amethyst]

Re: That Salford Business Claim - Barclays

Have been looking at this one, Barclays time barred under limitation Act Please help - The Consumer Forums , a lot of coincedences barr location.

Have tried to contact the claimant but no success as yet.

[Amethyst]

Re: That Salford Business Claim - Barclays

We have found the claimant in this case (Salford, 20th March, Business Claim, judge Relph) and just waiting for a call back with details of the claim.

Will let you know as soon as we know exactly what the claim was about.


General form of Judgment or Order attached

[enaid]

Re: That Salford Business Claim - Barclays

I am in Salford, if there is anything I can do to help I will.

[Amethyst]

Re: That Salford Business Claim - Barclays

Quick notes...


Business is partnership so not trading as.

£1000 costs against him, although Barclays came up with £10k and the judge said no.

It wasnt the original judge, and she wasnt very happy that the stay had been lifted, and pre warned him to try and settle.

he applied to have stay lifted and succeeded, barclays submitted a huge bundle that the judge didnt read, barclays sent two big guns from London, the judge seemed a bit in awe of them. He was a LIP. Used MSE Templates for the POC. no limitations issues. Penalty aspect and UTCCR 99 arguments used. £1800 in charges so in small claims.

He is giving us his full bundle POCs etc everything. (just sending a courier)

Barclays havent chased him for the costs at all as yet.....it does appear from what the claimant has said that Barclays went all out to get A claim struck out with costs purely for this letter writing exercise....sending the barristers and submitting a massive bundle to one claim will have been a good investment in a weak case if it subsequently gets 100's of other business claimants to withdraw.

He's joining the fourm so will give us some more details then.

[EXC]

Re: That Salford Business Claim - Barclays

Ame I would send Gina a copy of the Barclays letter (if you have it)that they're sending out to people threatening them with costs if they don't drop the claim and get her opinion on whether it is legit based on the Salford judgment.

[Amethyst]

Re: That Salford Business Claim - Barclays

Ame I would send Gina a copy of the Barclays letter (if you have it)that they're sending out to people threatening them with costs if they don't drop the claim and get her opinion on whether it is legit based on the Salford judgment.

done, and copied to you.


grey nomad - THANK YOU so much for your help with this. Those documents really helped track this down, we will get things sorted this afternoon/evening and should have a much better idea how to respond now we know exactly what the case was.

First thoughts are that you need to tell Barclays you will ask the claim to remain stayed - yours is a Trading As account so there are still issues under the UTCCR to apply.....we ARE working on it, I hope you appreciate we need as much info as possible to be able to assist in the best way possible.