GOT A COURT DATE? Important, please read......

[mattyb13]

Ok,I really want to get my bundle finished off tonight as it has to be in soon. I have a few questions and would be very very grateful if anyone can help.

firstly, should I include the Austalian report in my bundle? If so what do I need to add to my witness statement??

2, If I include the Australian report do I need to include the scottish report??

3, Do I need to print of the whole of the analisys of the unfair terms schedule 2 or just certain pages??

4, does anyone have the link for the early day motion from the house of parliment??

5, Do I include the information that mistermind gave about charges only being about £3 in Dublin?? This to me seems like a good argument against lloyds in particular as even if they are fees rather than penalties this surely proves they are dispropotionate. Also if I do add this to my bundle,again how do I include this in my witness statement. I dont want to mess it up by saying that they are fees??

Thanks very much in advance to anyone that can help.

matt.

[BARTY]

Hi Matt
EDMDetails

Not sure about the others, sorry.
Barty

[photoman]

Originally Posted by mattyb13

Ok,I really want to get my bundle finished off tonight as it has to be in soon. I have a few questions and would be very very grateful if anyone can help.

firstly, should I include the Austalian report in my bundle? If so what do I need to add to my witness statement??

2, If I include the Australian report do I need to include the scottish report??

3, Do I need to print of the whole of the analisys of the unfair terms schedule 2 or just certain pages??

4, does anyone have the link for the early day motion from the house of parliment??

5, Do I include the information that mistermind gave about charges only being about £3 in Dublin?? This to me seems like a good argument against lloyds in particular as even if they are fees rather than penalties this surely proves they are dispropotionate. Also if I do add this to my bundle,again how do I include this in my witness statement. I dont want to mess it up by saying that they are fees??

Thanks very much in advance to anyone that can help.

matt.

Matty

See this post by GuidoT

New strategy for Allocation Questionnaires

PM

[mattyb13]

Thanks Barty and photoman

[mattyb13]

Gary, I'm just getting my bundle sorted now and i have printed off the witness statement from page 1. Is this paragraph supposed to say the A&L or should it be changed to lloyds.

40. If the charges are services, there must be a correlation between the service provided and the cost. The cost of Alliance & Leicester’s charges has increased substantially and indiscriminately during the time the account has been in operation. The defendant has repeatedly been requested to provide details of the costs of its charging process and has each time declined to do so. Further, at a conservative estimate their have been at least 300 claims of this nature brought against the defendant in the last 12 months. In a significant proportion of these cases orders have been made obliging the disclosure of these costs and each time these orders are breached by the defendant. If the defendant avers its charges are reasonable within the meaning of section 15, I would contend that it is incumbent upon it to justify the price by producing evidence of its actual costs.

sorry if i sound daft but its 3am and I am desperatley trying to get this sorted. thanks.

[GaryH]

Ooops! Yes your right, sorry. I modified it and added bits for someones A&L SofE, then just copied and pasted the improved version back here - I did check I'd changed it all back but obviously not!

Thanks, I've corrected it.

[DAVELOGAN]

Hi Gary- got court appearance this friday and heard nothing with nothing credited to my account-also I have been called into work that day on extra shift(fireman) but the account is in both my wife and my names- would it be ok if only she turned up?? any help appreciated as this court thing seems bit scary-give me a fire any day!!

[mattyb13]

Right last minute check list, if anybody can think of anything ive missed or can add anything useful please do.

In my bundle I have:

Witness Statement (as of page 1 in this thread)
Correspondance from the court
Correspondance to/from lloyds and scam
List of charges supplied from lloyds
a latest schudule of charges
relevant case laws
early day motion from H.o.P
Dunlop v New garage
Martin Orton letter and some overdraft T&Cs also the Dublin banks charges rates that show them charging about £3(courtesy of mistermind)
Peter Mcnamara transcript
UTCCR,UTCA,SOGA
analysis of unfair terms
Australian report
OFT report
Scottich law comission report on penalty charges.

This is the order I have entered them into my bundle. A couple of things i'm a little bit unsure off is,

1, I havent put anything in my witness statement about the Dublin banks, do I need to??
2, Is the scottish law report relevant and has anyone else included this.

If anyone can help I would be very grateful, I am starting to feel as if I can see the finishing line and winning post .

thanks.
matt

[Mistermind]

Persons enclosing Dublin banks £3 charge T&C in their submissions might as well be armed with additional information, in case a shocked judge asks supplementary questions.


Dublin vs Belfast

Whereas Eire banks charge £3, Ulster banks even a few miles north of the border charge exhorbitant UK rates e.g. £38, most of them being owned by mainland UK banks, see tracey_avery posting #17 below:

ciderbrian v Bank of Ireland861

Dublin vs London

Eire's leading Allied Irish Bank charges £3 in Dublin, but AIB GB in London charges no less than £20, and similar in Belfast. If prices skyrocket when passing a border, what does that say about price fixing by national cartels? This is an area susceptible to heavy libel lawsuits, so tread carefully.

AIB London charges are unfortunately not shown in online T&C, but may well be shown in printed T&C advertised as available from AIB London branches. I do not live in London, but anybody who does, or is interested could try and pick one up, while posing as an interested account opener, from one of the following branches. But please, not to alarm AIB GB. Already Lloyds branches have stopped giving out T&Cs to casual enquirers.

http://www.thephonebook.bt.com/publi...ocation=london

[GaryH]

Originally Posted by DAVELOGAN

Hi Gary- got court appearance this friday and heard nothing with nothing credited to my account-also I have been called into work that day on extra shift(fireman) but the account is in both my wife and my names- would it be ok if only she turned up?? any help appreciated as this court thing seems bit scary-give me a fire any day!!

Was she named as a claimant on the claim form? If so then yes, thats fine. If not then no.

Have you prepared your bundle? If not you need to prepare one ASAP to take with you on Friday. See post #1 of this thread and the links within for what to include.

Its unlikely that Lloyds will turn up to contest it so you should get default judgement - but clearly you need to prepare as if it were going to be seriously defended.

Originally Posted by mattyb13

Witness Statement (as of page 1 in this thread)
Correspondance from the court
Correspondance to/from lloyds and scam
List of charges supplied from lloyds
a latest schudule of charges
relevant case laws
early day motion from H.o.P
Dunlop v New garage
Martin Orton letter and some overdraft T&Cs also the Dublin banks charges rates that show them charging about £3(courtesy of mistermind)
Peter Mcnamara transcript
UTCCR,UTCA,SOGA
analysis of unfair terms
Australian report
OFT report
Scottich law comission report on penalty charges.

Fine - athough if you check post #1 again I have added another few bits and pieces.

2, Is the scottish law report relevant and has anyone else included this.

Yes, its relevant in respect of disguised penalties and how they should be subject to the penalty provisions regardless of presentation.

[Kittygalore]

Hi there

I have followed all the processes to the letter following this site, but I have my court day tomorrow - 14 June at 10.00am and I have received nothing through the post except a letter from them stating that they know I am going to court and that they will not seek to retrieve the £690 they have already given me. I submitted by court bundle at the end of April 2007.

I do not know how to link into my thread but its called: Lloyds TSB Defending.

Why are things never simple for me, I knew I would be the one having to actually go to court.

HELP!

Kitty x

[Kittygalore]

I have just double checked my court papers and it says:

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned at (a). This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to Court to give evidence.

I dont need that right?

Kitty x

[reading rebel]

Originally Posted by Kittygalore

Hi there

I have followed all the processes to the letter following this site, but I have my court day tomorrow - 14 June at 10.00am and I have received nothing through the post except a letter from them stating that they know I am going to court and that they will not seek to retrieve the £690 they have already given me. I submitted by court bundle at the end of April 2007.

I do not know how to link into my thread but its called: Lloyds TSB Defending.

Why are things never simple for me, I knew I would be the one having to actually go to court.

HELP!

Kitty x

Hi Kitty

Noticed you didn't get reply to your last post and your court date was today, just wondered how things went? Sooooo hope you got your money!!!

My court date is 24th July, so trying to get my bundle together.

Reading Rebel

[GaryH]

OMG I can't believe I missed this! I usually check this thread as soon as I see it in the subbed threads bit. Sorry kitty, I do hope it went ok.

But, why leave it until the last minute until you sought help??!!

[Kittygalore]

Hi Gary

I did have my own thread where people were offering me advice, I just got a bit scared thats all! - anyway I have some great news! see a copy of my paste from my own thread earlier today:


Hi everyone

I have just literally got back from court and I have very good news.

The Lloyds TSB representative was there waiting for me which really put me on edge...however, she met with me outside the court to offer me full settlement of my claim plus the £220 court fees.

We then went into court, (there were about 20 people all in all, in the court being heard at the same time). Basically they had a list of people reclaiming their bank charges from First Direct, RBS, Nationwide, Barclays and Lloyds and all 20 of us entered the court room together.

The Lloyds representative then informed the judge that we had agreed to a settlement. She then had to go draw up what we had agreed which was £3,461.02 plus £220 court fees on a piece of paper.

The judge then ruled that he was happy with this and informed us that we will be receiving an 'order' from the court in due course in my favour.

I was then informed that I should expect to get the money within 28 days!

A very long and scarey process, but I am so thrilled at the outcome and thrilled that I was given support so much through this site that I had the confidence to turn up to court and present my case.

Thank you all so much for your support and wishes of luck, I hope this inspires many others to continue with this process, especially Amber Ellie, I am sure the same thing will happen with your case.

I shall report back when I actually receive the funds into my account.

Happy Reclaiming

Kitty x

[Kittygalore]

P.S. thanks reading rebel! see above !