A 220 page introduction to all things consumer related by our own BankFodder.
Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.
There is no sign of any ammended POC's there yet though.
As regards my particular claim, I'm thinking of going down the route of applying to the Court to have the stay lifted, and asking for permission to ammend my Particulars of Claim.
However, I have to admit that I have a few concerns about this course of action, especially in light of the fact that the Govern Law Centre et al seem to be having significant problems in compiling a revised 'particulars of claim' - they have been promised within 2 weeks for the best part of 6 weeks now and still haven't appeared!
I'm concerned that if they don't appear within a very short time then the claim will be struck out, given that Ipswich county court have (unilaterally!) only given me till 10th Feb to apply to lift the stay. I'd feel far happier proceeding in this way if the new POC's were actually available. Does anyone happen to know if it is permissable to ask the Court to continue the stay beyond 10th Feb, pending the gathering and compilation of new evidence with specific reference to the UTCCR's and consumer credit Act 1974 which was not covered by 'The Test Case'?
I am also concerned that if only a few people proceed in this way, especially if the new POC's don't appear, there is a very real chance of having to face Abbey / Santander's top notch leagal seagulls in Court, which I don't actually relish doing, and if we loose, being ordered to pay the bank's huge legal costs. Does anyone have any views on that?
Cagger since : Sep 2007
Posts : 223 (0.06 post per day)
Re: stayed cases, have you heard anything yet
I've received a letter from Cardiff CC asking if I wish to continue with my claim against HSBC. I phoned court and they explained that HSBC have asked that the case be dismissed and that's why the court has written to me. I haven't heard anything about my Barclays claim yet, which means they haven't asked to have the case dismissed yet..............
Cagger since : Mar 2006
Posts : 352 (0.09 post per day)
not up to date with charges situation!
just checking in, i am now completely out of debt thru this site, no claims in at all, give up on RBS for £80 or so due to the test case result, anynway what is the update, are people still getting money back, or are they fighting like made for it, in the start the success rate on getting your charges back was 99.9% and only took 12-15 weeks, sometimes less. whats the situation now. arte claims fruitless or what
Cagger since : Mar 2007
Posts : 2,167 (0.59 post per day)
Re: stayed cases, have you heard anything yet
Originally Posted by tedney
Has anyone heard from a bank where the case is a debtor defending the bank's claim and claiming back charges as part of defence?
A bit old I know for a response but an old case of mine has raised its head again. Basically, my bank sued me for my overdraft after we had a disagreement in 2005. We corresponded for over a year but I could get anywhere with them. The correspondence went dead for a further year during which time the bank unknown to me bounced my direct debits twice a month for 4 months, charging £30 each time. At the start of 2007, they started a legal action against me to recover the overdraft which had grown due to the charges (I had moved banks in 2006).
Not only did I file a defence but I also countereclaimed for the charges. We went through the Court hoops (fast track) but 3 days after being served with the court's order to disclose documents etc, and eight months after the start of the OFT v The Banks case in 2007, the bank made a 'without notice application for a stay until the end of the OFT case.
Needless to say the court rolled over and granted the stay. I tried to get it lifted but all the Deputy District Judge would say when refusing my application was that 'it had come down from on high' that these cases were to be stayed. I just left the court in disgust.
Well, that was nearly four years ago and nearly two years since the Supreme Court gave its final judgement. To be fair, I had almost forgotten about the case but the bank have now written to me saying they will lift the stay on the grounds that following the Supreme Court's decison, I have no defence (wronlgi I might add).
Even if the bank win,I intend to continue my defence all the way using S140 of the consumer credit Act (Unfair relationships). I may end up in the Court of Appeal. Do you or any other Caggers know of any other cases where a defence/counterclaim has continued post the OFT decision?