Help please Woolwich/Barclays **offer received**

[skintkim]

Re: Help please Woolwich/Barclays

Thats ok just thought that there might be a light at the end of this very long tunnel ! I am getting more frustrated and deeper in debt by the day. If this court case rules in our favour I will be able to sleep at night and debt free !
Do different judges deal with this hardship clause differently depending on how they themselves view hardship?
When I saw the Judge back in October he said because of the serverity of my charges I should be heard as soon as the OFT case is finished that is why my case for 31st January has been cancelled.

[Tempty]

Re: Help please Woolwich/Barclays

sorry kim but PK is bang on with this one. your case has had it's ruling ... even if it was only to place the stay.

I can't find the specific case on cag you are referring too without a direct link to it... so it's difficult to comment on it without knowing for sure what type of case it is. but again PK is right in saying it will either be a business, credit card or confirmed hardship case (there are not many... but there are a few of these).

sorry hun, i know this is not what you want to hear!

[Paule]

Re: Help please Woolwich/Barclays

I have tried to get my stay lifted on hardship but the judge did not want to know, He said that once benefits hit my bank account the credits were then MINE not the governments ! All I really wanted to know were Barclays still settling ? was it worth contacting them? and, Are the litigation team still up and running ?

Sorry to be blunt, but

If the Judge has ruled that you havent got a hardship case, Barclays arent going
to settle with you.

Barclays are still settling, but it will be Business Claims, Credit Cards ans sucessful Hardship claims that they are settling

The litigation team will still be there, but IMO, if you phone them they are only going to look at your case notes and tell you what the Judge has ruled on your case.

[skintkim]

Re: Help please Woolwich/Barclays

I did give a link ( it is on cag, suspicious offer) they said that they had not been in touch with Barclays since all cases were stayed ! Barclays just got in touch out of the blue last Friday at 5.30 pm and said a letter will be in the post to explain but their claim was to be settled. I asked the question cos I have tried to get my stay lifted on hardship but the judge did not want to know, He said that once benefits hit my bank account the credits were then MINE not the governments ! All I really wanted to know were Barclays still settling ? was it worth contacting them? and, Are the litigation team still up and running ?

[Paule]

Re: Help please Woolwich/Barclays

suspicious about offer !

Why?

As Phoenix has said, It depends on the case.

You dont give us any details, or link, to look at.

It could be a Business claim or Credit Card claim which are carrying on as normal and arne't affected by the OFT case.

It could be a hradshio claim, in which the bank have agreed that the hardship is there and the customer has justified this.

Again, without knowing any details of the case it is entirely possible that they are getting paid out by Barclays

[skintkim]

Re: Help please Woolwich/Barclays

Hi yes,it is penalty charges forum, suspicious about offer !

[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?

[skintkim]

Re: Help please Woolwich/Barclays

Sorry don't understand !

[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

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 ?

[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

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

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

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 !

[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