I have been issued with the dreaded stay too! I have been reading until 2008!?! Is that when this 'test case' will be?? I can't find the information on the date for it anywhere but have read why and seems like it will be good for us all fingers crossed and some interesting info but is there an actual date set for it?..a little confusing, mine has been going on since April and thought i was soooo close, grrrr )-: surely it is not going to be an 8 mths wait for any decision!? Thanks people

It is set out better than that but i just copied it quick! This is the statement of evi STATEMENT OF CHARGES 1. Between 16/03/2001 and 14/02/2007 the defendant debited numerous charges from the Claimant's account. 2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach. 3. Under the law of penalties, the charges are an unlawful 'extravagent' penalty. 4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £588.16, accruing at the daily rate of 0.021% until judgment or payment. 5. The claimant asks the court to enter judgment in their favour for £2953.50 plus interest, totaling £3541.66 That OK?? x

This is the letter i am sending Judge Cooke tomorrow morning along with a copy for DG. I have also sent the list of charges, dated, acc no., sort, reason for charge (not included originaly which may have been the problem)! and statement of charges. That is all and more the judge asked for.Think it's OK? DISTRICT JUDGE COOKE Birmingham County Court Civil Justice Centre The Priory Courts 33 Bull Street Birmingham B4 6DS Dear Sir/Madam I am writing in response to your letter dated 25 June 2007. I am pleased to be able to submit to you the folllowing information as requested; Further written particulars of the claim including name, account number, sorting code and account referred to plus a a list of all the charges complained of, showing the date and amount of each one and the stated reason for the charge in a convenient form for use in court. At the same time i have provided the defendant with this exact information. I have also included my schedule of charges which i sent to the defendant in June 2007. I would like to coment that i have tried on numerous occasions to contact the Defendant via written correspondence to try to come to an amicable agreement without the courts intervention however i have not heard no contact from the defendant. Please let me know if you wish for me to include a completed N! form as i am not sure the information on the MCOL proved sufficient enough information. Thank you for your consideration. Please feel free to contact me if there is any other information i can provide or if there is anything else i can do to clarify my situation. I look forward to your response. Yours sincerely .......

Thanks guys or gals, your right it does seem foreign at first and then when you go back to it again and again it slowly sinks in. I printed off the info on the thread on particulars of claim Nawanda had used and the statement of case. Should have it all done by the weekend and post recorded del Mon. Thanks loads and loads, was getting down about it all being too confusing but am motivated again now..can't let them win! Angels x

Thanks, i just re-read Newanda's pages/threads and most of it has clicked..i think now. I have copied a few things ready to print off and then add in my own personal details (charge amounts etc etc). You mentioned that when it's done there is a moderater who may take a look and check i have done it ok, where can i find them on the site? Thanks for your help and assistance on this and for being invariably patient! Must get photocopying!!

I am getting a little lost now. Have tried to read up on lots of threads but still unsure on things. I am getting confused with all the jargen and feel a little stupid because i am not understanding what the hell i should be doing. I am running out of time to get this right and was wondering if it may help if i buy The Small Claims Kit by Law Pack, recommendend by this site, as at least it is there in black and white, step by step. Has anyone else bought that and found it useful? I'm reading all the threads but maybe getting a little overwhelmed and panicking. The only thing that was obviously wrong with my list of charges from what LAT advised me about was that i didn't include what each, individual charge was for. I have re done that now, adding another column. I also have copies of my 2 nudge letters to DG, a polite but only drafted at the moment letter to the judge explaining i amreally trying hard and DG not! and copies of all my statements associated with the charge list, is this enough?? I think the Claims Kit will have all this in, you think? I have 2 weeks before deadline! :-|

How can i get to the N1 link? Can anyone post it for me please. I have just noticed i didn't put in the reason for charges..could be why i'm having to do this and will have to re do it now because of that 1 page missing in my statement evidence...grrr.

Hi, I am very stressed at the mo, i have found all the copies of the bank statements i originally sent DG which as i explained in the earlier post i now have been asked to forward, along with a list of charges, to the court and send copies to DG. I have a huge pile since 2001 with about 100 pages of my statements but i can't find 2 of the pages out of ALL that lot. Have searched high and low but am very fraustrated that i have stupidly misplaced just those! The 1 page is 2005 so i could go to HSBC and get that sent to me but the other 1 (and sods law) is a page from 2001, March and now, thta's out of the 6 yr zone so they are not going to give me that page are they? So my pile was all ready to go and now i don't know what to do. Will the court be happy with 1 page missing or should i change my claim...very very annoying over 1 page! Very fed up with myself, thought i'd got it all moving Any advice? Since i started the claim i have incurred another £300 charges so i could add that on and restart. How do i do that? I have seen on the forum somewhere about what to do if you have mis calculated or need to change the claim, anyone know how i would do that? This seems sooo long now and am feeling a little disheartened i have to say. Help gratefully received x

Thanks for the advice. I will triple check everything there and re-check before sending it off, which i hope to do by the weekend..defo won't be leaving it till mid july - i want my money! Cheers for the help x

Thanks for that. Have had post today, yipee!! THINK it's good news. Can i relay the letter and see if anyone else has received anything like this as i ddon't think it's the norm. Before DISTRICT JUDGE COOKE sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS. 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 ORDRERD THAT 1. Allocate to small claims track. 2. Unless the claimant by 23 July 2007 file at court and serve on the defendant further written particulars of the claim specifying the name, account number and sorting code of the account reffered to, and a list of all the charges complained of showing the date and amount of each one and the stated reason for it, the claim shall stand struck out without further order. Copies of statements may be provided but they must be accompanied by a seperate list showing the charges in a convenient form for use in court. The claimant must when filing these particulars at court confirm in writing that she has at the same time sent copies to the defendant. 14 June 2007. Is this good as it isn't going to court?? Will do all the above but would like to know if many others are having to do this. Do you think DG will bother to do this or will they be encouraged because it isn't going to court the usual way?? Cheers people! x

good luck, hope it's the big check you have been waiting for!!

Called the court last week as i seem to be very static at the moment The court say i must wait a little longer as the judge can take upto 10 days on adverage to see and deal with a claim. 10 days was up Friday and still the judge won't budge. get the feeling they are VERY busy and probably fed up of these bank charge cases, just hope they arn't putting me to the bottom of the list because it's a bank charge case! The name of the Birmingham judge dealing with my case is, i am sure, the judge who threw out the Lloyds case..aaarrh!!! Interestingly, my boyfriend was claiming back charges from Lloyds, started 3 weeks later than me and got his money last weekat the point of court action! That was VERY exciting, especially as the Lloyds case was scaring everyone. Anyway, have sent my nudge letter nearly 2 weeks ago but don't really think i can do another as nothing is moving on, i'd only be able to say the same thing to DG. Is anyone else waiting? for B'ham court date? and any advice for moving things along? Don't think i can do ANYTHING at the mo, very fraustrating zzzzzzzzzzzz

Thank you thank you thank you!!!

Just read that thread you suggested..really helpful thank you!! and makes me feel more positive too. Like i said, will call the court and double check i don't have to do anything now with any paper work. Have sent the nudge letter Fri and will send another this Fri if i havn't heard anything. You are great great help and very appreciated.

Thnx, i will give the court a bell about payment and hope i won't have to pay. So just sitting tight then, right? How long do you reckon i could be waiting from now then? Cheers 4 the help!