Marc Gander - The Consumer Survival Handbook


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.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1

    Default RBS - Leeds CC - Danger of Strike Out

    Hi, I really needs ome quite urgent help
    Last August District Judge Flanagan (Leeds county courticon) stayed our claim against RBSicon for unfair bank charges, pending the outcome of the test case.

    part 2 of the order is
    2. If no part shall file at the court office by 4.00 pm on the 7 August 2008 a written request for directions and/or a hearing date the claim shall be struck out without further order on that date.

    I'm not sure what I should do.
    What does it mean request for directions?
    Is there any point askign for a hearing date?
    When it says file at the court office does it mean goign in or can we just send it by post?

    The letter we had from RBS solicitors, Cobbetts, did say they would not see claimants disadvanted by stayed claims. this sort of makes me think that they woudl agree torefund the 120 court costs if the OFT ruled charges unfair. So we woudln't lose outon that. Am I being very naive?

    Does anyone have any advice for me or any suggestions of which threads to read?

    Thank you
    Roobieroo

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  2. #2

    Default Re: RBS - Leeds CC - Danger of Strike Out

    I would consider submitting the following draft order to court requesting that the claim be allowed to proceed.

    --

    DRAFT ORDER

    In the XXXXXX county courticon
    Claim number XXXXXX

    Between

    XXXXXXXX - Claimant

    and

    XXXXX - Defendant

    Draft Order for Directions

    1. The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:
    a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
    b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
    c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
    d) Copies of decided cases and other legal materials to be relied upon.
    If the Claimant fails to comply with this order, the claim will be struck out without further order.

    2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;
    a) Pursuant 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 alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
    d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
    e) Any witness statements.
    f) Copies of decided cases and other legal materials to be relied upon.
    g) Copies of "manual intervention" sheets relating to the customers account for 6 yearsicon in the absence that they have not been provided thus far

    If the Defendant fails to comply with this order, the Defence will be struck out without further order.


  3. #3

    Unhappy Re: RBS - Leeds CC - Danger of Strike Out

    Thank you so much for that Enron,
    I know I have left this really late, I would buy the smalls claims reclaim pack adveritsed on here to help me with this, but it would arrive too late as I have to get this in by 4pm on Thursday. So was wondering if anyoen coudl answer these questiosn to assit me.

    Does the Draft Order need to be on specific claim formicon? i have looked at the claim forms on the court website and cannot see which to use. Can i just write a letter with the information that Enron has provided above?
    Will it cost?
    Can I post it or do I have to take it in person?

    All hints, tips and friendly words appreciated. Feel really foolish for leaving this to the last minute
    Roobierooster


  4. #4

    Default Re: RBS - Leeds CC - Danger of Strike Out

    I've looked at the online court forms, the N244icon doesnt seem to be right for this. Also becuase the bank did not defend the claim they just requested a stay instead, I dont think I can use the aqicon.
    Do I need a court form at all? Can I just put it i a letter?
    I have to do this today otherwise the claim will be struck out tomorrow. Anyone able to offer any help?



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