Help please Woolwich/Barclays **offer received**

[scoobydoo]

Re: Help please Woolwich/Barclays

I assume this is your thread for your case on 31st January - a bit strange as they are assuming the case will be over - but even if it is the decision surely wont be public - so it he kept the stay on the case last time what would be different now?

Did he ask either side to produce any more evidence - or in his ruling did he suggest negotiation at all?

During your case have you ever officially identified yourself as a hardship case asn asked why the bank have proceeded with the case throgh the courts when they are supposed to filter "hardship " cases.

Has the bank ever asked you to complete an income expenditure form at all?

The comments about deducting charges from benefits money has also come up in a recent hearing for Abbey and it seems that the legal arguments are not at all clear at the moment.

Jan

[Tempty]

Re: Help please Woolwich/Barclays

I can think of a few choice words.... but Ame's already told me I'm not allowed to call them morons !!

[Amethyst]

Re: Help please Woolwich/Barclays

Yes we do need to word it more clearly and spell out the references for them. Think we been giving the judges too much credit.

Feel free to come up with wording for the letters/appls to cover it.

[thephoenix]

Re: Help please Woolwich/Barclays

The law says benefits are inalienable



So......if they are in your account, they are your benefits and the above applies.

there is no other description or for benefits, they only become yours when they are paid to you and they can only be paid into your bank account, if at that point they are not inalienable then the Acts are pointless??? (or is that just womens logic)

Think we need to highlight that point a little clearer in the stay letters.
Obviously some judge's just don't get it :rolleyes: or they are just waiting for someone to argue the point a little further.

[iancognito]

Re: Help please Woolwich/Barclays

An interesting point, the transfer of ownership once the money enters an account.

Do we have an argument for this?

The law says benefits are inalienable

in·al·ien·a·ble (n-ly-n-bl, -l--)adj. That cannot be transferred to another or others: inalienable rights.

So......if they are in your account, they are your benefits and the above applies.

there is no other description or for benefits, they only become yours when they are paid to you and they can only be paid into your bank account, if at that point they are not inalienable then the Acts are pointless??? (or is that just womens logic)

[Amethyst]

Re: Help please Woolwich/Barclays

As soon as you get the paperwork from the court post it up on here....


''The judge did say that cos my claim was large he understood that this shouln't hang about to the decision of the OFT and that it should be listed for January''


doesnt make much sense if he hasnt lifted the stay. So dont think we can do anything else till u have the order from court.

[skintkim]

Re: Help please Woolwich/Barclays

Has anyone else got any advice as I think I have finally hit a blank wall and will have to wait until the outcome of the OFT report like everyone else !

[thephoenix]

Re: Help please Woolwich/Barclays

Hi Amethyst, I went to court today for application to have my stay lifted, sadly it wasn't . I used your letter but the judge had already made up his mind that I didn't have a case as when my tax credits and benefits hit my bank account , the money is MINE and not the governments. The judge did say that cos my claim was large he understood that this shouln't hang about to the decision of the OFT and that it should be listed for January (what does that mean?)Do I now just have to wait like everybody else !

An interesting point, the transfer of ownership once the money enters an account.

Do we have an argument for this?

[thephoenix]

Re: Help please Woolwich/Barclays

hi skintkim.
the judge should list your case to be heard sometime in january, regardless.
The staying of cases is down to the individual judge deciding the case, therefore he/she believes you have almost a good case to lift the stay but not enough, so an early date will be set.

[skintkim]

Re: Help please Woolwich/Barclays

Hi Amethyst, I went to court today for application to have my stay lifted, sadly it wasn't . I used your letter but the judge had already made up his mind that I didn't have a case as when my tax credits and benefits hit my bank account , the money is MINE and not the governments. The judge did say that cos my claim was large he understood that this shouln't hang about to the decision of the OFT and that it should be listed for January (what does that mean?)Do I now just have to wait like everybody else !

[skintkim]

Re: Help please Woolwich/Barclays

Thanks very much Amethyst, sorry I did not get back to your last post but I have been working all weekend!

[Amethyst]

Re: Help please Woolwich/Barclays

Okay here is a start just so you have something to work from....

case/claim No: [claim number]

In the [insert court name] County Court

[insert name]

CLAIMANT

-AND-

[insert name]

DEFENDANT

First WITNESS STATEMENT

OF [insert name]

I, [insert name] of [insert home address] will say as follows:-

1.I am the CLAIMANT is this case.

2.I make this Witness Statement in support of my application to lift the stay placed on claim XXXXX dated XX/XX/XXXX

3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4: On Xx/xx/xxxx I received notification from XXXXXXX county court that the defendants have applied to stay the claim pending the ultimate determination of Commercial Court Litigation brought by the Office of Fair Trading and the Financial Services Authority.

5: On XX/xx/xxx I received notification of the courts decision that my claim had been stayed until January 2008.

6: On xx/xx/xxxx I, as claimant, entered an application to the court for the stay placed on the claim to be lifted to allow it to continue with due process. A copy of this application is attached.

7. My reasons and pleas are as follows:

i)The only monies deposited into my account, since DATE , were by way of Social Security Payments, namely Tax Credits and Child Benefit, and therefore the account was not funded by any means other than mentioned.

ii)The unlawful charges I seek to reclaim were debited from these funds. Funds which were intended for the essential needs of myself and my family.

iii)These funds are strictly exempt from being taken by way of any charges under the Tax Credit Act 2002 Part 2 Section 45 Inalienability as follows

45 Inalienability
Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

and the Social Security Administration Act 1992 (s.187) as follows
187 Certain benefit to be inalienable

(1) Subject to the provisions of this Act, every assignment of or charge on—

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

(c) child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

8. I would like to make the court aware that by allowing the stay to continue it would cause me further hardship as the refund is intended for the purpose of clearing the following debts;
i) debt
ii) debt
iii): debt

9:
If I cannot progress my claim, then I face the real prospect of the following resulting action.

• Bailiff action/ county court judgements regarding the debts detailed above
• My home being repossessed for failure to maintain my mortgage installments
  
• Pending appearance in court for non-payment of Council Tax

10. I would respectfully ask that the Court, in this case, remove the stay applied to this claim.

Statement of Truth
I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages.


Dated this day of 2006

Signed
[type name]

[Amethyst]

Re: Help please Woolwich/Barclays

Kim - can you send me a copy of you roriginal stay lift application and letter please. We're working off the assumption its the standard CAG templated one ??

thanks.

[Amethyst]

Re: Help please Woolwich/Barclays

Nooo don't worry about that at all. I'm looking at your claim tonight so will come back to you in the morning if thats okay hunny. xxx

[skintkim]

Re: Help please Woolwich/Barclays

Hi Amethyst I did PM you but haven't heard anytihg since I am a bit scared after reading all the latest media coverage !