Barclays apply for costs in charges case

[Amethyst]

Re: Barclays apply for costs in charges case

Okay confused. Is Englander not actually the claimant then? but the person representing the claimant ?

[EXC]

Re: Barclays apply for costs in charges case

Okay confused. Is Englander not actually the claimant then? but the person representing the claimant ?

Correct. He's a Debt Collector by profession. And you're not the only one who's confused:


I will keep you informed about what Barclays are doing, I emailed their solicitor advising them that I was resisting their application. I got a reply this morning (Sunday - I did,'t know solicitors worked on Sundays did you? I think they look a bit worried?

Here's the reply:-

Dear XXXXX



Thank you for your email.

I assume you are a solicitor, in which case will you please advise your firm details. If not please advise in what capacity you purport to represent XXXXXX? And will you advise me of the basis upon which you will resist the application? Finally, may I have a copy of your ;letter to the Sunderland Count Court?

Yours sincerely


Colin Passmore

[Kafka]

Re: Barclays apply for costs in charges case

Its an unusal situation here and still not really clear to me.


I've never come across such an appalling behaviour from a Defence before. What I have reported is a tip of the iceberg of what actually happened between Simmons & Simmons and myself which I cannot repeat. I've had threat after threat, but if I complain about it my identity will be revealed and that's what Simmons & Simmons want to do. If I complain to the Solicitors Regulatory Authority about them they will talk to my boss and blow it out of proportion and report me for acting outside of practice and stir up s**t big time. I may lose my debt collectors license which is why I was forced to mediate.

The problem is it is likely to to cost somewhere in the region of £1000000 to bring a successful claim for unfair bank charges under Reg 5.1 of the UTCCRs and/or Consumer Credit Act (1974) as every time you file a claim, the Defence will apply to strike out the claim that it has no chance of success as the there is no case precedent under these parts of the law, and they are entitled to application costs, particularly if they warn you first. I am classed as a Band (B) fee earner for debt collection costs and I charge £175 per hour and actually took on the case on behalf of a friend free of charge because of the original admin error fees which took Simmons & Simmons months to accept. I supposed at least Mrs Fxxxx got something back and she has accepted that I did my best for her in the circumstances.

Yes I attempted to use Reg 5.1 and Section 140 of the Amended CCA (1974) to substantiate an unfair charges claim, but these are untested. I thought Simmons & Simmons would mediate when their costs approached £2000, but no they decided to go for me in person, however Mrs Fxxxxx has got £480 back plus her Court Fee back because of my efforts and will not have to pay Simmons & Simmons costs, but Simmons & Simmons have a huge axe to grind with me and they have warned me to keep away or face the consequences. Their partners are still phoning me up after a settlement was agreed. My mobile phone must now be 3000 degrees C in temperature.

You will see I am an English Nationalist and patriot (not BNP) and sick of this unelected and unwanted anti-English government and the banks but that is a different story oops they my sue me for defamation!!

I wanted to obtain a legal precedent that banks charges were unfair under Section 140A of the Consumer Credit Act (1974) as amended by the Consumer Credit Act (2006), but the costs and risks have become too high for me. It needs a massive firm to do this, not a 'second rate inferior punk' legal executive like me.

[Kafka]

Re: Barclays apply for costs in charges case

A bit more...


Thanks for your support longlostpoet. Please accept that my comments are only opinions and based upon months of legal debates with Barclays solicitors. I must stress that I accept no liability for any errors, omissions or if your case fails based upon my opinions. Should anyone continue fighting through the Courts then this is entirely at your own risk. I wouldn't try to take on banks hoping that they will settle because their legal costs are high, because they are likely to apply to claim them back from you, so try to offer to reduce their legal costs by offering to settle out of Court.

I must add that if you use general legal arguments without evidence they will likely be dismissed by the defence and the Courts.

So for example you said 'banks charges are unfair' under Section 140A of the CCA(1974) then although this is untested in case law for this Act, it would still be rejected because the SC has already ruled that bank charges are part of the current account contract and the banks defence would be use this to disprove this argument, however should you argue that the "price of bank charges are disproportionate" under Consumer Credit Act (1974) this is an entirely different matter because it has not been tested in Court, but it would likely take years to come to any conclusion and I don't think the OFT or anyone else wants to get into another long expensive legal battle with the banks over another point of law. Personally I think they would reject this argument as they would use the SC ruling to reject it.

I don't suggest anyone use the imbalance arguments unless you have specific evidence of it such financial hardship and you've informed the banks of your circumstances and they refuse or do nothing. Unfortunately Mrs Fxxxxx wasn't classed as financial hardship.

The following argument would likely to be substantiated in a Court:-

If so for example charges were added incorrectly say charges for bounced cheques that should have cleared because funds were available then you can use the Reg 5.1 of the UTCCR(1999)/Sect 140A of CCA(1974) to claim these charges back.

If anyone in the Court route is concerned I would suggest you try to mediate and try to come sort of solution, otherwise you may be seen as wasting Court time. It is better to obtain £200 back than face the possibility of paying thousands of pounds legal costs for the other party.

[BillandBen]

Re: Barclays apply for costs in charges case

So he's representing a friend. I'm doing the same at the mo for a friend, although granted I don't work for a DCA lol.

It would seem that the solicitors have a big axe to grind with him for whatever reason and have hit him with some heavy low blows.

I wonder how far he will take this down other chanels as it doesn't sound like he's ready to throw in the towel straight away.