Thread: Batgirl no1 v A & L Court Order

Hi, only just worked out how to post a new thread, thanks spacemarine so Ill copy n paste my original post detailing my order from the court. Any advise gratefully received, just checking I'm intrepreting it all correctly. So here go's:
Re: A&L
Hi, i hope you don't mind me replying to this thread but I can't work out how to post a new one!!!! I too am fighting All & Pester ,as I noticed they were being reffered to as! I'm at the stage where they have entered a defense, the case was transferred, no AQ, which came as a bit of a shock to me to be honest as I was prepared for a AQ. Back on the website, sent the letter being suggested to the court asking for them to place the order where we both had a limited time to submit all our doc's that we would relie on in court, which to my horror crossed in the post with an official court order! I swiflty rang the court the next day to apologise, explained my correspondence had crossed in the post with their court order, I wasn't being rude and ignoring it and asking for it to be done my way, what a nightmare, but thats my long story short. Any how, my court order reads "Before District Judge Thomas sitting at Gloucester county court, Kimbrose Way, Gloucester, GL1 2DE. Upon a defence having been filed and the case transferred to this court IT IS ORDERED 1 The Claimant do file with the Court Further Particulars of Claim and do serve the Defendant with the same by 16 JULY 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimants Claim will be struck out. The District Judges of this Court require the amount of Bank Charges claimed in the Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon. This order was made on the District Judges own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10

Dated 22 June 2007."
Now I read this as all they require from me at the moment is a schedule of my charges, along with a cover letter, charges as requested, claim no, account no etc and nothing else, no statements nothing just my schedule of charges but thought I'd better double check I hadn't mis interpreted the instructions as I would hate to lose on a technicality!! Any help greatly appreciated!

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:? Also, 4 of my charges in 2004 are for MONTHLY overdraft CHARGES, not UNAUTHORISED overdraft charges, missed that when I was entering them on the spreadsheet as they oddly came up at that sum, 25 quid, any how, should I remove these 4 x charges from my schedule of charges? As I don't want any-thing to go wrong? And if so, do explain why the sum originally claimed has gone down 100.00? :? :?

Originally Posted by Batgirlno1

:? Also, 4 of my charges in 2004 are for MONTHLY overdraft CHARGES, not UNAUTHORISED overdraft charges, missed that when I was entering them on the spreadsheet as they oddly came up at that sum, 25 quid, any how, should I remove these 4 x charges from my schedule of charges? As I don't want any-thing to go wrong? And if so, do explain why the sum originally claimed has gone down 100.00? :? :?

I really wouldn't worry about the charges you think should not be there ... I've also included some inadvertently, as I know a few others have. The fact is, the bank DOES owe you money and claims can always be adjusted on settlement.

no AQ, which came as a bit of a shock to me to be honest as I was prepared for a AQ. Back on the website, sent the letter being suggested to the court asking for them to place the order where we both had a limited time to submit all our doc's that we would relie on in court, which to my horror crossed in the post with an official court order! I swiflty rang the court the next day to apologise, explained my correspondence had crossed in the post with their court order, I wasn't being rude and ignoring it and asking for it to be done my way, what a nightmare, but thats my long story short. Any how, my court order reads "Before District Judge Thomas sitting at Gloucester county court, Kimbrose Way, Gloucester, GL1 2DE. Upon a defence having been filed and the case transferred to this court IT IS ORDERED 1 The Claimant do file with the Court Further Particulars of Claim and do serve the Defendant with the same by 16 JULY 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimants Claim will be struck out. The District Judges of this Court require the amount of Bank Charges claimed in the Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon. This order was made on the District Judges own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10

Hi Batgirlno1,
Apologies for posting a question at this point but I am at the same stage as you,( I will be starting a new thread v soon), I received exactly the same court order as you (same district, same judge, same bank) I have until the 27th July to send further POC and specific charges, reading your post I noticed that you sent a letter asking the court to place the order where you both have a limited time to submit all documents that are to be relied on in court, I think I may have missed something here as I didn't know if I had to respond to A+L's defence from Wragge & Co, it was the courts copy and I, like you, am/was waiting for an AQ, I was not expecting a court order and I am now getting a bit panicky. Have I missed something? (did not use MCOL).
Kind regards MC

MC,
looks as though BG jumped the gun, you have not filed on line, neither did I, now that you have their defence, you should receive an aq to fill in, (patience). If not, the judge may jump in first, give you a court date and his own 'Special' directions for both you and the bank.
I found the spreadsheet hard to use on this site, so went to,
Reclaim Unfair Charges from banks & credit card companies! and downloaded their charges summary sheet and a spreadsheet. Also Money Saving Expert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap flights and more has a good 8% charges calculator.
Hope this helps
Squarebob

[quote=Batgirlno1;980107]no aq, which came as a bit of a shock to me to be honest as I was prepared for a AQ. [quote]

Not having an AQ to complete is quite common, I didn't have one to fill in either (though I did have to pay the fee). It depends on the views of your local judge. Some judges may set an Allocation/Directions hearing before the main hearing to advise you/Wragge of exactly what is needed. This seems to be happening more and more though, in my case, there has not been a "pre" hearing.

Thanks squarebob, I'm going to look now
regards MC