ajjars V Woolwich Help needed ASAP!!

[ajjars]

Hi Guys,

Haven't been on here in a while. I have suffered a family berevement and have lost all interest really. I started a claim against the woolwich back in April, and was promised a settlement in early Aug. Then guess what? The OFT started their test case and my settlement never materialised. Received a letter from Barclays stating they are going for a Stay in my case. My problem is that I have a pre lim hearing on Wednesday and I am totally unprepared for it. I rang the court this morning and they have said that there is no stay on the claim and that the hearing will go ahead as planned on wednesday. Thing is I have no court bundle prepared. The letter I received about the pre lim hearing did not state that any evidence had to be submitted to the court beforehand, so what do you think I should do now? My feeling is that I should do a basic bundle and take 3 copies along with me on wednesday. I will ring on the morning to make sure there is not a stay on the claim, as I will have to go to court in my lunch hour.
Any ideas as to how it is likely to go on Wednesday? What is generally happening to these claims now? As I say I have been out of this for a while and really need to get my head round it all again. Also I have no terms and conditions for this account. It was opened in 1990.
Any help would be greatly appreciated. Cheers

Ajjars.

[welshcakes]

Hi ajjars

Well, it's likely to be between 5-10 minutes (it should say on the court notice) and a full court bundle won't be needed.

I'm hoping you have a copy of the offer to settle, allbeit that it'll be worded as a "goodwill gesture" and that you accepted in writing. If you can demonstrate the series of communications between yourself and the bank and have proof that they offered settlement, it should be a straight forward 10 mins in which the judge requests that the bank honour their settlement. He may just ask for a verbal confirmation from them that they will do this or he may make an Order setting down the timeframe by which they need to transfer funds to you.

What have you got to back up your position that settlement has already been agreed between the parties?

[ajjars]

Hi Welshcakes,

Thanks for your reply. I don't have it in writing that the bank would settle, only a verbal agreement from Thomas Hickey. Although I do have a copy of the offer they made me early on for 1/3 of the claim. I shall go to court with what documents I have and hope for the best. I really can't do much more than that. I don't have a copy of my particulars of claim either. When I filed at court the clerk took all 3 copies I had taken in as directed, but I was never sent my copy back. I hope this won't matter? I really do not want to go to court! Do you think I should try one last time to ring them and see if they are willing to settle? I have a feeling I will take the trouble to go to court (and trust me - it IS trouble!) and that they will apply for a stay after anyway. I just want it finished it has been going on since January.

Thanks for your help.
Ajjars.

[ajjars]

Just a quick update - I called Thomas Hickey today to see what Barclays make of the fact we are going to court tomorrow. Mr Hickey has stated that they will be applying for a stay tomorrow and that a barrister will be attending. Seems they will be paying a heck of a lot of money just to crack a nut with a sledgehammer. I have printed off the document objecting to the stay and will give it to the judge if they ask for a stay. I really feel unprepared for this, but will do what I can. The reason I took the bank to court remains the same; Their charges are unfair and totally disproportionate to the actual costs incurred by them. They are being unduly enriched. Their charges are not transparent. I am not paying for a service, I am paying a penalty for my breach of contract. Wish me luck peeps!!

Ajjars.

[ajjars]

Ok,
Been to court today. This is how it went. The Judge basically didn't give either of us (me or the Woolwich barrister) a word in edgeways. He was nice enough, but he had heard so many of these cases that he did all our arguing for us. The upshot was; did I want a stay or not? I said I resisted the application for a stay and the Judge more or less told me to go with it as they would only appeal even if he decided not to grant the stay which he said he had not decided on as yet. He asked me how many times I wanted to come to court, as he said if they didn't get the stay they would keep going until they did. He mentioned costs "if it goes upstairs" and warned me I could end up with a hefty bill.

Being as I have only dipped in and out of the CAG lately, I didn't know how it would work in the matter of costs. I found it all very daunting and felt very much out of my depth. In the end I agreed to the stay just to get out of there. The Judge assured me that I could apply to have it lifted at any time and the fact that I had agreed to it would not prejudice me if I applied to have it lifted.

So, thats where it ended, they got their stay and I got out of there!
I really don't know if I have done the right thing or not. The Judge did say that as yet no application to have a stay lifted has been heard. At the end of the day, I haven't lost; but I haven't won either! I just wanted this whole thing over and done with, but I guess now at least I won't have to go to a full hearing, but I will have to wait years for my money!

[welshcakes]

Hi ajjars

Sounds like the judge did all the arguing for himself not for the parties! I have little doubt that his overriding incentive was to clear the court hearing diary of one more claim.

The matter of Stay refusals and awards really does highlight the difference that a cc judge's attitude can have - some courts are refusing to apply, some are agreeing to lift whilst the vast majority continue to 'tow the party line' and happily blanket Stay (easy life syndrome).

Well done for making your court appearance (maiden?) and respectably self litigating, that in itself is an achievement even for the directions/preliminary hearings.