Help please Woolwich/Barclays **offer received**

[skintkim]

Hi, I could really do with some serious help. I had my case stayed on the monday following the oft announcement , when I believe nobody really understood all. I now have a new court date for next week when I have a 30 minute court hearing to apply to have my stay lifted. I don't want to mess up as my claim is for over 13k without interest . I only earn 10k ayear which is not paid into my bank but I receive cash, The only money that goes into my account are child benefit, working tax credit and child tax credit could someone please advise. Thanks

[Kafka]

Re: Help please Woolwich/Barclays

SK

Can you post more details here please?

We can help you with applications to lift stays, but we really need a lot more info. In short, the only cases where you stand a real chance of lifting a stay is where the hardship grounds are extreme.

Please give us a much fuller picture so we can advise.

K.

[skintkim]

Re: Help please Woolwich/Barclays

What would you like to know? I have paid over 13k incharges in the last 6 years. I have struggled to pay these charges ie bank returning mortgage DD and getting into arrears I have borrowed off my friends which I still owe them and hope to repay once these charges are sorted.

[Amethyst]

Re: Help please Woolwich/Barclays

Sounds like you might have a good case kim.

If you could send me some details by pm or by email amethyst@legalbeagles.info - I would like to see your original application to lift the stay and any letters you sent with it...and the letter from the court ordering the stay, and ordering the hearing to dicuss the stay lift application. Also need details of amounts on your income, and debts you have, mortgage arrears (are you threatened with reposession etc - how much arrears etc), council tax that kind of thing.
Also a bit of history - when you started using that account solely for benefits etc.

The 10k cash you earn could be tricky and you would have to mention it in the forms, but as that account is solely your benefits I think you might have a case to argue for inalienability and hardship.

We should be able to write a nice witness statement for you to use in court with all your arguments and back up information on.

Let me know hun

Ame
xxx

[skintkim]

Re: Help please Woolwich/Barclays

Hi I do receive my wages legally as that is how I get working tax credit so there is nothing underhand going on.

[Amethyst]

Re: Help please Woolwich/Barclays

lol - I just meant having a salary as well as the benefits makes the hardship case less cut and dried.... and it would have to be mentioned in the lift application where we talk about income.....wasnt suggesting you were dodgy... sorry if it sounded that way hun.

[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 !

[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

[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

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]

[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!

[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 !

[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.

[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?

[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 !