Help please Woolwich/Barclays **offer received**

[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.

[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)

[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.

[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.

[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 !!

[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

[scoobydoo]

Re: Help please Woolwich/Barclays

he then went into general conversation abot test case, how some arguments had already been ruled on in many cases and he would not go counter to these rulings he then cross examined Abbey re taking charges from benefits saying there was no guidance for him on this issue, abbey jumped in here and produced book of relevant legislation and quoted sections we had used ( note Steven) and stated "in my opinion these sections refer to loan sharks, unscupulious hp companies and other undesirables having access to clients funds , like pension book scam that used to go on" and banks remarked the judge to wich she made no reply. Judge then said he would not rule on this issue as case must be decided in high court by someone taking back to court specificaly to stop them taking these charges and nat as part of a claim. (was this some advice I am wondering) he then informed us that he would not lift the stay for several reason but mainly the close date of test case, and that he had been incontact with Abbey in regard to this and other cases and they had said they would appeal decision pending out come of test case so really there was no point in lifting stay other than to waste everyones time. so there we go we did not win but do not feel that we lost either, and went away


this is an extract about the recent abbey case - and the general opinion was that the argument about deducting charges from benefits money must be challenged in a completely seperate court case- and that was why the judge could not comment or make a ruling on that argument.

Jan

[skintkim]

Re: Help please Woolwich/Barclays

Sorry no this is not my thread I haven't posted for ages ! When I last went to court in October to have the stay lifted the judge would not lift the stay because he believed once any money hit my account it became MY money and not the governments . He did say though that because of the amount ( over 13k ) it should be sorted out as soon as possible, I personally think that it will be a waste of time to go next week but I need to sort this out asap as I said before to keep the wolves from the door. So any ideas I would be very obliged !

[Tempty]

Re: Help please Woolwich/Barclays

hi skintkim
have you received anything from the court since your last hearing? you should have received an order to attend this hearing next week. if so can you either post it here or pm to me. could do with seeing the exact wording on this one. It is very strange that the judge would set another hearing without waiting for the outcome of the test case. anything the court or the bank have sent to you since your last hearing would be helpfull here.

[skintkim]

Re: Help please Woolwich/Barclays

Ok, this is for another directions hearing and the further directions attached are
On Friday,21st September 2007

HH judge Yelton sitting at 197, East Road, Cambridge heard the claimant in person (notice of this hearing having been given to the Defendant who failed to attend or be represented ) and

ordered that:

1) The claimants application to lift the stay imposed on 30th July 2007 be refused.

2) The case be relisted on the first open date in January 2008 before District Judge Bloomfield to consider whether the stay should then be lifted

This is all I have received from anyone and still nothing from the bank !

[Tempty]

Re: Help please Woolwich/Barclays

still think this is a bit of a strange one... I doubt any judge is going to lift a stay while the OFT case is going on... but you are still going to have to attend. so let's at least make sure your going in fully loaded so to speak.
did you use the skeleton argument Ame posted for you in this thread for your last hearing?
if you didn't can you mail what you used to me Tempty@legalbeagles.info
might well be worth doing another financial breakdown too, are the bank still adding charges? are they still taking your benefits, do you have any mortgage arrears or defaults on payments etc that have changed since the last hearing. anything that has effected your financial status since your last hearing in fact. Sorry for all the questions, I know Ame was working with you early on so you should have most of the bases covered... just want to make sure i've got all the facts so we can make your case as water tight as possible.


most of all don't panic .... the worst that can happen here is the stay will remain in place, but ya never know....we can give it a shot to get it removed at least.
I'm around for most of the day tomorrow so i'll keep an eye out for you

Tempty xx

[skintkim]

Re: Help please Woolwich/Barclays

Panic over court date has been postponed! When will this end ? I have just read on penalty charge forum that someone who is owed 30k by Barclays that they had a phone call Friday from the litigation department to say there is a letter in the post to say they are offering the full amount Do you think this sounds legit ?

[thephoenix]

Re: Help please Woolwich/Barclays

Panic over court date has been postponed! When will this end ? I have just read on penalty charge forum that someone who is owed 30k by Barclays that they had a phone call Friday from the litigation department to say there is a letter in the post to say they are offering the full amount Do you think this sounds legit ?

Possibly. It all depends on the circumstances of the claim and it's own merits.

[skintkim]

Re: Help please Woolwich/Barclays

Sorry don't understand !

[thephoenix]

Re: Help please Woolwich/Barclays

you said someone is having 30k refunded curtsy of Barclays, even though most claims are being stayed.
Then you asked: Do you think this sounds legit ?

Some claims are still being paid out despite the OFT Test Case.
It all depends on the POC, circumstances etc of each individual claim to whether the claim is either paid or stayed.
It's not difficult to understand.
Do you have a link?