Sagapal v Barclays Business - Struck out with costs

[sagapal]

Help!

I have received an application from barclauys to strike out my claim. It is listed for 19th June . So im in a pickle time wise..

What should I do. My claim is not stayed and was due to be heard in september.
Bit worried about the costs side of things obviously..

Should I ask the court to stay it?? And on what grounds and how much will that cost.. just started working agian after being made bankrupt because of my business goimg down.. mainly thanks to these guys..

Help asap please

[sagapal]

Re: That Salford Business Claim - Sweeney v Barclays

Ps I have also received an email with a cost order of £500 is this all that they will be asking for???

[Amethyst]

Re: That Salford Business Claim - Sweeney v Barclays

Sagapal

Do you want to pull out, probably avoiding costs but there may still be a risk of some - or do you want to try and carry on and risk £500 costs or possibly more?

it has to be your decision and you will need to act quickly as the hearings on Friday. Yes you will need to attend.


i think personally you should get a consent order faxed to barclays, agreed, and lodged with court to withdraw with no order as to costs ...

the other side of it is historically in this campaign there have been cases which have been more or less guaranteed wins for the banks, they have chucked everything at them to get the judgment in their favour and costs against the claimant, to make an example of them, then used that judgment to scare everyone else off claiming. but not actually returning to court if cases continued. however, barclays do appear on the face of it to have a very good case to have the claim struck out, and personally i would withdraw.

[sagapal]

Re: That Salford Business Claim - Sweeney v Barclays

Ok
Well maybe that is the best option.. I have no way of paying any costs as these charges finished my business and made me bust ! Thats why I have been sticking with this..

How do I do consent order?

[Amethyst]

Re: That Salford Business Claim - Sweeney v Barclays

Right the costs order is up to 19th June, so doesnt include costs for the hearing so they may well be trying for those even if you withdraw.

for info this is the costs received thus far from barclays

cost schedule
defendents costs
Research telephone calls correspndence with court and claimaint drafting and instructing council up to and until 19th june 2009 charged at £12 per hour

£96
vat £14.40

total £110.40


Disembursments
Barriser
Yasmione Yassseri
NO 5 Chambers
Preperation and attendence at hearing up to and until 19 june

£402

GRAND TOTAL

£512.90

[Amethyst]

Re: That Salford Business Claim - Sweeney v Barclays

Amended from one written by cet. JUST DRAFTING wait for comments.




IN THE (NAME) COUNTY COURT CLAIM NO:

BETWEEN:-

Claimant Name

Claimant

- and -

BARCLAYS BANK PLC

Defendant

______________________

ORDER

______________________

UPON reading the letter from the Defendant’s solicitor

AND UPON the parties having agreed terms

BY CONSENT IT IS ORDERED THAT

(1) the claim numbered xxxxxx be withdrawn by the claimant within 7 days of the making of this order

(2) there be no order for costs;

The parties consent to an order in the above terms.

Signed:-

…………………………….. …………………………….

Claimant Solicitors for the Defendant

(DATE) (DATE)

AGREEMENT FOR CLAIM NO (NUMBER)

Parties: a. xxxxx(“the Claimant”)
b.xxxxxxxxx(“the Defendant”)

• This agreement is without prejudice to the Defendant’s denial of liability to the Claimant.

• The Parties consent to the making of a Court order in the terms of the draft order annexed hereto.

• Within 7 days of the making of a Court Order in the terms of the draft annexed hereto, the Defendant will withdraw the claim number XXXXX from the xxxxxx County Court.
  
  
• The Parties consent to there being no order or application for order as to costs.

• The date of this agreement is the date it is signed on behalf of the Defendant

Signed:……………………………..
Name: xxxxxxx

Dated: …… June 2009


Signed:……………………………..
Name:
Position:
For and on behalf of Barclays Bank Plc

Dated:…. June 2009

[Tools]

Re: That Salford Business Claim - Sweeney v Barclays

That looks good to me, I notice you have only stated that it is claim number xxxxxx that you are withdrawing from which leaves the claimant open to start another claim pending any developments in the test case etc, good thinking

If you had added a mention of bringing a future claim to this order then maybe Barclays would not have agreed to it or asked for it to be removed.

[strangewayofsavin]

Re: That Salford Business Claim - Sweeney v Barclays

Help!

Should I ask the court to stay it?? And on what grounds and how much will that cost.. just started working agian after being made bankrupt because of my business goimg down.. mainly thanks to these guys..

Help asap please

Are you still Bankrupt?
If so, could this not be used to get the costs waivered, if you pull out, or go through with the hearing and lose?

[sagapal]

Re: That Salford Business Claim - Sweeney v Barclays

Hi no im discharged now

I contacted Barclays and they sent me an email with a consent order
saying i can take it to the court or they will do it for me.

I cant seem to copy it but
it reads


In the ****** court claim number *******
Mr ******
v
Barclays


consent order
By consent it is ordered

The claim be dismissed

There be no order for costs


Thats it... Excuse my terrible typing!!


Shall I sign this? I hate to I must say...

But I am not sure what to do next....

It is so frustrating to back down .. And especially as I actually got a judgement in default in january , but my court had not stamped the forms so it was overturned...

If there was any chance it would not be struck out I
------------------------------- merged -------------------------------
Sorry Im rubbish at typing!!

So shall I sign this...

And will I be able to pick it up again in the future????

Or shall I just hope the judge does not strike it out on the 19th???

------------------------------- merged -------------------------------
ps.. I need to do this today... so I will be ever so gratefull and thanks so much for the help so far xx

[Tools]

Re: That Salford Business Claim - Sweeney v Barclays

That is a basic version of what Amethyst posted earlier, if you want to avoid any exposure to costs then yes, go ahead and sign it. Take a copy or fax it to the Court and ask for confirmation they have received it by return etc.

I know it feels like giving up but as you are already exposed to £500 costs with the possibility of more this is an immediate solution to that.

It does not mention not bringing a separate claim at any time in the future, it only mentions this claim, so the door is left open for you to enter another claim at such a time as is viable should anything change with the outcome of the Test Case. As for picking up this particular claim then no, the POC is not credible at this point and I am pretty confident the Judge would strike it out should Barclays submit their reasoning as they did in Salford.

My gut instinct would be to sign that and drop this claim but the decision is entirely yours, if you are confident enough to go to Court and argue your particulars of claim including the penalty aspect and are willing to be exposed to costs then I wish you well and look forward to hearing the outcome.

What was said by both you and Barclays earlier when you contacted them? Did you contact them regarding withdrawing your claim on the condition they waived costs?

Could you please also forward the email(s) to admin@legalbeagles.info

[Amethyst]

Re: That Salford Business Claim - Sweeney v Barclays

If it helps, Tools woke me up at some ridiculous time in the morning to tell me about your consent order, and I agree with all he has said.

lol. makes a change.

I feel for you sagapal, its really hard to back out of something like this, but I feel the risk of costs is just too great for you to take as things currently stand.

Good luck x

[sagapal]

Re: That Salford Business Claim - Sweeney v Barclays

Hi

Thanks

So sorry I have been at work and not had chance to log in..

Ok I will agree to the conent if they can do it.. Sticks in my throat tho.. But do not seem to have a choice...

Will let you know..

saga xx

[rosymaria]

Re: That Salford Business Claim - Sweeney v Barclays

Well done tools and amethyst!!

Sorry things didnt work out sagapal

[sagapal]

Re: That Salford Business Claim - Sweeney v Barclays

Hi

Well to be honest im not sure yet.. I was so busy at work I could not get the consent order into the court and so barclaysa re still sending a barrister tomorrow!!!

Will I still be able to do it in the morning?? As the hearing is at 2pm..
I have a signed consent from barclays.. So I assume they cant say they did not agree??

Or shall I just hope the judge is a nice fellow ??


------------------------------- merged -------------------------------
ps do I have to pay for a consent order??

Im lucky becasue so far this has not cost ne any money because I was on JSA.. but Cant see how I would afford to make the calim again..

If i did attend court tomorrow what could I say?

I guess Barclays have top lawers and i am a bit lost ....

So fed up about this..

[Tools]

Re: That Salford Business Claim - Sweeney v Barclays

Hi sagapal

What is it you are not sure about, whether to agree to the consent order and withdraw the claim or not? If so, as posted previously, the choice is entirely yours. However, my personal opinion would be to sign it and withdraw with things as they stand at the moment.

Hoping the Judge is a nice fellow is a gamble I would not be willing to bank on (pardon the pun). Do you have to pay for a consent order? Not sure, possibly best way is to ask the Court.

What would you say in Court tomorrow? Well if you were prepared to stand in Court previously based on the POC you have used, then try to argue your claim, but to be honest unless you are fully prepared, and you say they are sending their big guns, then you may well be at a disadvantage, they will probably mention the Salford Judgement as well as the findings from the Test Case.

I understand your frustration and I do empathise with you, we have tried to explore every avenue with this but have unfortunately drawn a blank at present. Until such a time as anything new arises or anything further is determined in the Test Case, I would continue to recommend that Business Claimants -v- Barclays withdraw any claims if prompted to do so by Barclays.