Groovycaz v The unCooperative Business Bank

[elsinore]

Subscribing

Els

[groovycaz]

Your very welcome elsinore,
Ive recieved their defence today
1 they admitt that i held an account with Co-Op which was closed around August 2000

2 they are unable to admit or deny that during the period 26th Nov 1996 to 24th July 2000 that charges and interest were debited as the only records now held about transactions on the account are screen shot statements for the period, the claimant appears to have copies of her original account statements as she has annexed a schedule of charges specifying dates and amounts to her POC, despite a written request on the 10th July for copies of the statements the claimant has so far failed to respond, if and when the claimant provided copies of the documents and subject to the limitatrion issue below being resolved as a preliminary issue in the claimants favour, the defendant will plead further to the remainder of POC if it becomes necessary.
3 It is the defendants case that the entirety of the claimants claim as set out in her POC is statute barred as the cause of action arose more than 6 years prior to the issue ofproceedings and the claimant seeks to rely on s32 (1)(b) of the limitation act 1980.
4 the court is asked to list the matter for a directions hearing as the first available opportunity so that directions can be given for a preliminary hearing of the limitation issue so that the matter can be dealt with in the most fair and cost effective way having regard to the overriding objective of the civil procedure rules.

this crossed in the post with copies of my banking statements, il PM a mod with my claim number...Gc

[groovycaz]

Just noticed the wording of the defence "the only records now held on the account are screen shot statements for the period 19.07.2000 to 31.08.2000" so 1 months transactions on screen shot, yet they previously offered a refund to jan 2000, something amiss one thinks...Gc

[groovycaz]

AQ arrived this morning

[Micky the Hippo]

oh good, I have no real idea what the AQ is for, it could easily be covered at the N1 stage is seems to me

seems just like the sort of barrier to access to the courts that the small claims courts process is supposed to offer

what can you do other than play the cards you're dealt with

might take longer now with the stays and OFT and so on but we'll all get there in the end and the stat can continue to mount up at 24p a day

[groovycaz]

Hi Micky
ive asked for help with this one, never filled in AQ before, they always paid up before it got to this stage..Gc

[Micky the Hippo]

oh go on, they're easy once you've done one, the advice on the stickies is idiot proof, the associated draft directions and strike out are cool too

old salt like you, tsk

[groovycaz]

Now now Hippo, we'll have less of the old salt, if you dont mind, I like to think im still GROOVY, we can all dream:o ha ha..

[groovycaz]

AQ sent in, had a letter from solicitors telling me the lady who's dealing with my complaint is on holiday till 3rd sept, so mybe hear from them next week!!!Gc

[groovycaz]

Hi all
recieved a copy of the Co-Op's AQ today, they state that there will be 1 other witness and in other information they state, The Claimant is seeking charges and interest applied to her business bank account six years before the issue of these proceedings. The defendant contends that the claim is statute barred and that it is appropriate for that point to be decideed at a preliminary hearing. The Defendant would suggest that directions at this stage should be confined to listing the matter for a preliminary hearing on limitation with an estimated length of hearing of 1 hour and 30 mins.
My court has not stayed all penalty claims

[groovycaz]

Hi all, recieved this, this morning

Charges Stayed,
the court states that the claim is identical to those likely to be the subject of proceedings in the commercial court between the OFT and certain financial institutions,

The claim is stayed until one calender month after final judgement in the test cases (including any appeal) or 31st October 2008, whichever is sooner.

Either party may upon notice to the other apply to lift stay at any stasge up to the earliest of the two dates provided for in pharagraph 1 above.

If no application is made to lift the stay or seek further directions before the earliest of the dates provided for in pharagraph 1 above the claim shall stand dismissed without further order.

Because the order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

Dated 07 September 2007..

[elsinore]

Originally Posted by groovycaz

Because the order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

Are you going to apply, GC?

Els

[groovycaz]

Hi Els, most certainly am, Ive been looking around the site for wording from others in a simslar position, there are letters objecting to stays, however I also want to go down the hardship line as regards to working/child tax credit and as my little boy is Autistic and in reciept of DLA, I believe this could help in getting the Stay lifted, it looks at the moment that the DJs are Staying all claims whether they include UTCCR or not, makes you wonder whether they understand what, exactly the test case is about, Ive thought about waiting but to be honest after my Citi claim was stayed I just want to see an end to this one..Gc

[groovycaz]

Hi Els
found some good stuff on photomans thread "claiming on a business account" regarding stays, Il get a letter together and post on here see what you think, Thanks GC

[elsinore]

Oh good, you've found it already. That's what I was going to direct you to.
It seems to me that, with the inclusion of the hardship aspect, you now have all the ammunition you need to succeed.

Els

[zootscoot]

Hi Groovy,

You might also like to start a thread here to help other business claimers objecting to a stay:

http://www.consumeractiongroup.co.uk...d-pending-oft/

Best of luck

Zoot

[groovycaz]

Hi all
hearing to have stay lifted on 25th oct time to get my act together..Gc