delivered to court yesterday..

[rose31]

Hi everyone. Hope i have done this thread thing right!! Well, i delivered my paperwork (didnt ask for bundle,as such) to the courts yesterday and sent a copy to Wragge&co by special delivery, which they recieved at 11.20am yesterday, (my deadline was today at 4pm) Just hope i have done enough!!! A&L now have 28 days to respond. One of the directions that the court asked of A&L was:

c. If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred, to file and serve all evidence to be relied upon at trial that such sum claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was.

Does this mean they have to disclose what the true cost of charges really are??? If anyone knows could they please explain it to thicko me....

Thanks and good luck to everyone!!

[jansus]

certainly looks like it ! nice one

They seem to be saying that the charges can only reflect a true loss to the bank. Does it mention breaches of contract anywhere?

Looks like a good instruction from the court - which court is it and what date is hearing - would be interesting to see on the list if it is a court going ahead with all cases?

Jan

[rose31]

Hi jan, thanks for your response. My letter states that,

"the matter is listed for further directions on 1st October at 3pm, when the court will further consider the mater and give such further directions as are necessary to enable the matter to proceed to trial".

My local court is in HULL, before DISTRICT JUDGE BESFORD.

The other 2 directions that A&L have to file and serve are:

a Whether the sum charged was a charge made pursuant to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars as to how it was calculated.

b Whether such charge is accepted to be a penalty, or otherwise not recoverable and if not, why not.

The only mention of "breech of contract" is in the directions I had to file and serve(below)

a The claimant shall file and serve a statement setting out particulars of the breach of contract and any explanation(if such breach is alleged). The statement shall exhibit a copy of the relevant bank terms.

And thats it, really!! Any input on my situation would be most appreciated!

rose31

[bsia666]

Hi rose

It looks like your hearing is with a friendly (to you) judge
Re this..................... ...

"If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred, to file and serve all evidence to be relied upon at trial that such sum claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was."

If the A&l disclose the "true cost of dealing" with these charges it will be a big surprise indeed (a first). I am sure they will not do this.

Lets hope you can avoid getting a stay put on your claim, could you let us know which court you hearing is taking place? You can monitor how your court has been acting re stays here..................... ....

http://www.consumeractiongroup.co.uk...t-here-if.html

William

[rose31]

Hi William

My hearing is in the Kingston Upon Hull County Court! and I am really worried A&L do turn up on the 1st Oct. They have 28 days to respond to my documents that I served upon them last Thursday. I recieved a letter from A&L a few days ago stating that they have applied for a stay, but when I rang the court and asked if they had done this, the court told me "no, the bank had 7 days after recieving the letter(im assuming they mean the same letter I received, on the 27 July, informing of the directions the court needed) to apply for a stay, which they have not done". So as far as there concerned, they said, my hearing is going ahead! So, guess I have to just wait and see what happens next.

Thanks for your reply, its nice to hear from you
Rose31

[bsia666]

Your claim is fine so far

The A&L have missed their best opportunity to apply for a stay (the judge ordered them to apply within a set time frame and they failed to do so) so there is every chance your hearing will go ahead without any stay complications. They could still apply (for a stay) now or at the hearing but with the judge you have, will hopefully not grant it, dont you think!!

Your court (Hull County Court) seem to be taking each case on its own merits just now, so that's another positive

Remember to, that the court requires the defendant to disclose their true costs in respect of the regime of unlawful charges, so you will be in a stronger position when they dont.

If you are worrying going to court, then a sure fire way to ease any nerves is a visit (to a small claims proceeding at your local court) to familiarise yourself with the layout and proceedings in general. You will wonder why you worried so much, its only the unknown which you are concerned about. Small claims hearings are normally in public so you should be able to go into the court room, ask the court when the next one is.

Make sure you comply with your directions from the court, if you cant, write to them or phone. I hope you get a positive result before Oct 1 or at your hearing.

William.

[granny50]

Hi Rose my letter from the judge is similar to yours seems we are at the same stage. I can't see A&L showing evidence as to the true cost of dealing with the charges are. good luck hope all goes well with you.

[rose31]

granny50,bsia666

Thanks for your support guys! I will pop down to my court and ask to sit in, hope it does make me feel a little better. I have followed all the directions that was asked of me and 2 days earlier than was due. Just hope this is all over soon!!

Good luck on your claim granny50, keep me posted!

Has your claim been successful, bisa666? if not what stage are you up to?

rose31

[MimiJane]

Hi Rose,

A&L/Wragge cannot comply with the judge's directions here ... I had similar and have just won the full amount by default as they submitted nothing. In fact I've never known them submit anything Mind you, the whole process took nearly 8 months from beginning to end ... you just have to keep your nerve.

Just keep your eye on the ball, stick to the time-scales and you'll be fine. I hope you don't get a "stay" like so many, just keep going until/unless you hear otherwise.

Good luck

Mimi

[j.barton1]

Hi Rose31.

I have a directions hearing with A&L on 4th Oct, they failed to attend the one scheduled in June then failed to respond to the judges letter, they seem to be not bothered with the claims at all,

Try not to worry, i was terrified before court but the day went so well...the courts were soooo helpful.

Jenny xx

[rose31]

Hi mimi,thanks for your advice!!

Mimi, how do you go about asking for a default from the courts, if A&L do not comply to whats been asked of them? (they have till 14 Sept to file and serve their response). When I received a letter from the bank, it says they will be applying for a stay, but the thing is, when I rang the court they told me no stay had been applyed for in the correct time scale. So does this mean they have missed their opportunity or can they still be granted the stay? Can I appeal against this? My claim has been ongoing since January and now Im just expecting a letter to say my claim has been "stayed" like all the other claimants. I cant see mine going to the haring date(Oct 1st), when all the others have been stayed until the OFT report.

thanks, rose31

[rose31]

Hi Jenny, Thanks for your support!!

What happens with your claim now? Did you win?

I really dont know what A&L's next step will be, with mine, apart from applying for a stay! I havent heard anything from them since I served the documents on them. I thought they might have at least acknowledged that they have recieved them!

Who knows??????

rose31xx

[MimiJane]

Originally Posted by rose31

Hi mimi,thanks for your advice!!

Mimi, how do you go about asking for a default from the courts, if A&L do not comply to whats been asked of them? (they have till 14 Sept to file and serve their response). When I received a letter from the bank, it says they will be applying for a stay, but the thing is, when I rang the court they told me no stay had been applyed for in the correct time scale. So does this mean they have missed their opportunity or can they still be granted the stay? Can I appeal against this? My claim has been ongoing since January and now Im just expecting a letter to say my claim has been "stayed" like all the other claimants. I cant see mine going to the haring date(Oct 1st), when all the others have been stayed until the OFT report.

thanks, rose31

Hi Rose,

Judgment form here :-

http://www.hmcourts-service.gov.uk/c.../n225_0406.pdf

You have to print it off and then fill in the details. Tick box A, second box in C, then D where I ticked "Immediately" and also "In Full" with "as soon as possible" in the box next to it.

Send it with a "nice" cover note to your local Court Manager, asking him to kindly consider it. It works!

Hopefully A&L have missed their opportunity to apply for a Stay, though you can appeal against it if they do :-

http://www.consumeractiongroup.co.uk...y-updated.html

Hope this helps and good luck

Mimi x

[j.barton1]

Originally Posted by rose31

Hi Jenny, Thanks for your support!!

What happens with your claim now? Did you win?

I really dont know what A&L's next step will be, with mine, apart from applying for a stay! I havent heard anything from them since I served the documents on them. I thought they might have at least acknowledged that they have recieved them!

Who knows??????

rose31xx

Hi,

Ive got another case management conference in oct, i am going to apply for their defence to be dismissed...hopefully the judge will comply.
xx

[rose31]

Jenny,

Hope it all works out for you. I cant see why not, think you have it in the bag, or should I say in the BANK!!(he,he).........sor ry!!!!

Good luck

rose31xx

[rose31]

Mimi,

Thanks so much for that, Ive just printed off the form, ready and waiting!

Do you think I would be able to send the letter, objecting to the stay, before the bank requests one (a stay). Ive already delivered my documents to court. Would it be ok, do you think, to send it seperate now? Would the court accept it?

Thank you for your help so far, you've been great! and sorry for all the questions!!

rose31xx