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

[hisholinessthepope]

Analysis of Unfair Terms in Schedule 2 in the first post is a dead link.

I found it here http://www.oft.gov.uk/shared_oft/rep...ft311part2.pdf

[damian11]

Hi everyone

My case was heard on 26th October.

I have just received my Judgement, the cliam is stayed until further order to await Office of fair trading V's Seven defendant banks.

I have also been given the option to lift the stay within 7 days? Is this unusal to get this option and if so should i take it??? Anyone know?

[sinclair&co]

Hello Friends, Need Urgent help..

I have got court special directions to submit all documents with in 14 days of order. As I have posted them first class, it was a big bundle, it is missed in the post. I have phone court and court said they havenot received that. I think, it was lost in the post due to chrismas rush..
Please help me what to do ? will court struck me our or can I give any explanation and deliver photocopy of whole bundle to the court..

Please help me urgently

[elsinore]

Originally Posted by sinclair&co

Please help me what to do ? will court struck me our or can I give any explanation and deliver photocopy of whole bundle to the court..

The courts are usually quite lenient with individual litigants. Tell them what has happened and I'm sure you will be encouraged to submit a duplicate set of documents.

The only problem might be if you are well past the deadline for submission of documents and the case papers are already with the judge. What is your deadline date? Did you send a copy bundle to the defendants?

Are you able to take the replacement bundle to the court and hand it in, rather than risk the postal system again?

Most importantly though, contact the court immediately.

Els

[sinclair&co]

Thanks ELS,

Our deadline was 14 days from 15 november order date. Our hearing date is 17 march 2008. So will this be alright to go to court and deliver the documents by hand delivery.

Regards

[elsinore]

Well, the sooner you inform the court, the sooner you will know if they will accept a late submission of documents. Do you have proof of posting for the original bundle?

Be prepared for them telling you that, because your bundle was not received in good time, your claim has been struck out. If that is the case, you will have to apply to have the claim reinstated. Let's hope that, like most courts, they have a backlog and your case has not yet been dealt with.

Els

[Ashwall]

NON-COMPLIANCE OF Subject Access Request

Following submission of N1 and AQ to my local court, I now have a court date of 27th 0ctober 2008.
I have to submit my court bundle/ all documents im going to be using by the 19 September 2008 and would like a little help on what to include here. I will be submitting the Data Protection Act 1998 and the bank letters stating they will be sending the statements by dates that have now long since past. also all letters and the initial Subject Access Request request, is there more i can include??
Any help would be most welcome
Thanks
Ash

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Aterlatus]

Allocation Hearing, 12th September

Aterlatus -V- LloydsTSB

Looking for advice from anyone who's been through an allocation hearing recently and managed to avoid a stay, particularly through hardship claims. Of course any random tips will be greatly appreciated - never been to court before and it's truly terrifying

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!