Thread: Claire Vs Alliance & Leicester

Hi all

Hope you are all well. I have received a letter from my local court today and any advise would be great.

Basically it says:

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The defendant do serve on the claimant and send to the court full details of any facts and matters relied upon to show that each and every item of charging detailed by the claimant is reasonable and proportionate by 29 June 2007.

2. This case be referred back to the District Judge after the twenty first day after service of this order on the claimant.


Well I don't want it stayed or anything. Am I right in thinking that this means the judge wants A&L to show how it actually costs them for these charges. (they will never disclose this?) also that if they don't disclose them I will win???.

There is no court date set so this looks to me as if I won't have to go, do you think this is the case?

Thank you for all your help in advance
Claire
x
P.S. The letter is dated 12th June 2007

Similar Threads:

• Me v Alliance & Leicester
• si & nic v Alliance & Leicester
• Jon V's Alliance & Leicester
• Alliance & Leicester
• Alliance Leicester

Originally Posted by wintye

Hi all

Hope you are all well. I have received a letter from my local court today and any advise would be great.

Basically it says:

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The defendant do serve on the claimant and send to the court full details of any facts and matters relied upon to show that each and every item of charging detailed by the claimant is reasonable and proportionate by 29 June 2007.

2. This case be referred back to the District Judge after the twenty first day after service of this order on the claimant.


Well I don't want it stayed or anything. Am I right in thinking that this means the judge wants A&L to show how it actually costs them for these charges. (they will never disclose this?) also that if they don't disclose them I will win???.

There is no court date set so this looks to me as if I won't have to go, do you think this is the case?

Thank you for all your help in advance
Claire
x
P.S. The letter is dated 12th June 2007

Dear wintye, yes the judge wants A&L to elaborate on how each and evey charge was composed.

If they do not disclose this information as detailled then they risk having their defence struck out. If this happens then you will have won.
It looks to me as if A&L have 21 days from the date of the letter you got(dated 12th June 2007) to comply with the directions.
However, always assume that you will have to go to court. It ain't over 'till the money is in the bank.
Fingers crossed for you!
Also, if you do get any directions from the court, comply with them at once. Don't want to give the bank any possibility of getting your claim struck out do we
Any advice given is based on what I have learnt from other peoples's experiences on this website. Advice given without liability and without predjudice. If in any doubt, consult a qualified legal practitionner.

Forgot to say that you are right. You don't want this order set aside, varied or stayed. So nothing to do for the moment.

Claire, looks like the judge is being very sensible here and wants to get it over with ASAP. As he's only asking the defendant to justify their charges and not asking you for anything, it looks as if he knows which way it's going to go and is not even setting a court date.

It's doubtful A&L/Wragge will come up with anything ... how can they justify their charges? Has any bank done this? Don't think so

Hopefully, it will all be over for you sooner rather than later ... this is good news

Keep us informed.

Thank you all for your replies.

I was hoping it was that. If the Judge wanted me to supply anything I think he would have asked for it to save time.

I like your new Avitar MimiJane

Oh well. I will certainly keep you informed.

Thanks again
Claire