Thread: myself v Alliance & Leicester

Hi all not sure if i'm doing this right this is the update on my original thread. I have now recevied transfer of proceeding papers from Northampton court dated 23/06/2006 for my local court. this is what they say Without hearing it is ordered that the filing of an allocation questionaire be dispensed with in this case unless the district judge of the transfer orders otherwise. So what should I take to the court?

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Hi Janus have tried the link but I can't access it some thing about my computer not having the correct programme:? So am in limbo as to what it says.

Hi Janus many thanks will have a look have not had much time lately so need to do some catching up. many thanks for your help.

Originally Posted by granny50

Hi all not sure if i'm doing this right this is the update on my original thread. I have now recevied transfer of proceeding papers from Northampton court dated 23/06/2006 for my local court. this is what they say Without hearing it is ordered that the filing of an allocation questionaire be dispensed with in this case unless the district judge of the transfer orders otherwise. So what should I take to the court?

Received letter from the court while I've been away. This is what it says .
1. Allocation Questionnaires are dispensed with:this claim is allocated to the small claims track.
2. the claimant shall file by 31-Aug-07 and serve:
(a) A schedule setting out each charge repayment of which is sought, showing the date,amount ,and alleged reason(if any) for that charge being made;
(b) Copies of any statement or other document relied upon showing that each and every such charge be made;
(c) A statement of the Claiment's own evidence, if such is to be relied upon as tending to show that the alledged charges have been made, or that they are irrecoverable as penalties.
If the claimant fails to comply with this order, the claim will be struck out without further order.

3The Defendant shall by 28-Sept-07 file and serve a response to the claimant's schedule,stating in respect of each item claimed:
(a) Puruant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
(b)Whether such charge is accepted to be a penalty, and if not why not;
(c) If such charge is alledged to be a pre-estimate of the Defendants loss incurred by the claiments actions ( wether or not such action is to be treated as a breach of the contract berween the parties), all facts and matters intended to be releid upon as showing that such is a proper estimate of such loss, and all evidence to be adducted at trial as to the true cost of dealing with the matter was.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the Court and opposing party.

5.1 hour estimate time for the judge.

has any one else had this? Oh my hearing date is for end of November. not sure how to link this with my original thread still usless at this sorry.

Also had a letter today from A&L saying they have asked the FSA to suspend the normal timetable for dealing with copmlaints in relation to charges. they have asked both the FSA and the courts not to proceed with any more cases they are dealing with till the outcome of the test case. If I continue with my claim through the court they will ask for an order to stay my action till the outcome of the proceedings with the OFT. Not sure what will happen now. A lot of work to do now.

Originally Posted by granny50

Received letter from the court while I've been away. This is what it says .
1. Allocation Questionnaires are dispensed with:this claim is allocated to the small claims track.
2. the claimant shall file by 31-Aug-07 and serve:
(a) A schedule setting out each charge repayment of which is sought, showing the date,amount ,and alleged reason(if any) for that charge being made;
(b) Copies of any statement or other document relied upon showing that each and every such charge be made;
(c) A statement of the Claiment's own evidence, if such is to be relied upon as tending to show that the alledged charges have been made, or that they are irrecoverable as penalties.
If the claimant fails to comply with this order, the claim will be struck out without further order.

3The Defendant shall by 28-Sept-07 file and serve a response to the claimant's schedule,stating in respect of each item claimed:
(a) Puruant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
(b)Whether such charge is accepted to be a penalty, and if not why not;
(c) If such charge is alledged to be a pre-estimate of the Defendants loss incurred by the claiments actions ( wether or not such action is to be treated as a breach of the contract berween the parties), all facts and matters intended to be releid upon as showing that such is a proper estimate of such loss, and all evidence to be adducted at trial as to the true cost of dealing with the matter was.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the Court and opposing party.

5.1 hour estimate time for the judge.

has any one else had this? Oh my hearing date is for end of November. not sure how to link this with my original thread still usless at this sorry.

Also had a letter today from A&L saying they have asked the FSA to suspend the normal timetable for dealing with copmlaints in relation to charges. they have asked both the FSA and the courts not to proceed with any more cases they are dealing with till the outcome of the test case. If I continue with my claim through the court they will ask for an order to stay my action till the outcome of the proceedings with the OFT. Not sure what will happen now. A lot of work to do now.

Hi all latest update: Just posted letter to Wragge by way of service upon them. Been in touch with the court and up to now they are still proceeding with my claim. I will now wait to hear if Wragge file and serve a response. Be inetersting to see if they comply. Just hope I have done all that the judge requested of me, I hope so.

Originally Posted by jansus

great -good for you - are you ok with everything you have to send to court by 31st Aug?

bets are on A&L will not file anything

best of luck

Jan

Hi Jan just dropped my file off at the court they don't want the bundle yet so now I have to play the waiting game. Hope I have done it right only time will tell. thanks.

Originally Posted by jansus

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT


please read this

I would say that as you have not heard from the court that the case has a stay (unlike me ) you could do the letter to the Court and let a&L sol know you will object to the stay.

If you get a letter from the court you will have to use the court form and pay £35.Which I am doing

then start getting your bundle together

do advanced search for threads ( button at top of forum) for court bundles for dummies

and basic court bundle

would link - but right in the middle of doing mine now!

jan

Hi Jan case is still proceeding my hearing is in 3 months. Already have the bundle for dummies in my favorites curtesy of Mimi she read my mind. Hope all goes well with yours.

Hi all not had a lot happen for a while so here is the latest. Had a letter from Wragge&CO saying they intend to apply to the court for an order to stay my action until the resolution of the legal proceedings with the OFT. Not heard from the court yet.They had until the 28th September to file and serve a response to my schedule which they have failed to do. If they fail to comply with the order the defence will be struck out without further order. I have phoned the court this morning to tell them they haven't complied and was told the judge has their file to stay the order and will be aware they have failed to serve the responsce and I should hear from the court in a couple of weeks if not contact them again. Should I wait the 2 weeks or apply to the court for default? Thanks

Originally Posted by jansus

If you are saying they have not filed the defence at all - and they may not have asked for a specific stay on your case ( they may be relying on the blanket stay) I would say you have nothing to loose by getting the official form from the court and filing that anyway.

The court will give them more time in most cases - but some judges are very annoyed if the banks dont use the proper proceedures in each individual case - and your judge may be one of them

jan

Hi Jan good to hear from you again hope you enjoyed your hols. I had been thinking of filing my claim against them, they seem to have gone very quiet lately infact I'm begining to think they are asleep. Hopefully I should be able to go to the court by next week, I am not sure what the outcome will be. I did think that I have won by default but will have to wait and see. Thanks .