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robbednomore

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  1. Has anyone else received a response from the court like this one?
  2. Oh and there wasn't a date on the letter I received!
  3. Hi Scoobz, The letter from Wragges did say that it was their intention to apply for a stay. I have put the full wording from the court in my thread here http://www.consumeractiongroup.co.uk/forum/alliance-leicester/109571-filled-defence-no-stay.html. I think you're most probably right about the court covering their backs though however they have said the the prelim hearing will result in either a stay being applied or my case being a test case. Nothing about simply continuing down the small claims track!
  4. Hi Janus, Thanks for your response. I did actually get a letter from Wragges a week before the one from the court stating their intention of aqpplying for a stay. I have typed out the full wording of the letter below. I won't be attending as the letter states that I don't need to if I abide by the decision of the judge. I'll print off the online statements then as the bank doesn't provide paper copies. Fingers crossed that it's all ok! Before District Judge Hayes sitting at Norwich County Court etc.... Upon review of the court file It is ordered that: 1. The claim be allocated to the small claims track. 2. The claim be listed for further directions only at a preliminary hearing. (Time estimate 5 Mins) 3. At the hearing the court will consider either: a) to stay the claim pending a decision in the test case involving the defendant, or b) to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multitrack for that purpose. 4. Not less than 14 days before the preliminary hearing, the defendeant shall file with the court and serve upon the claimant details of any cases proceeding a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant sha. file with the court and serve upon the claimant draft directions for this case to proceed as a test case. 5. The claimant may make any represenations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judges as to the directions to be given, that the party is excused from attending the preliminary hearing. I'm a bit concerned about the multitrack part as the claim is for less than 1k and only for charges incurred during 2007. What does it all REALLY mean and what should I do?
  5. I have just had a worrying thought. I don't have original copies of all of my statements as the claim was for this year and they're all available online (I don't receive paper statements). I guess the online copies will not be acceptable for court? What should I do?
  6. HI All, I'm not sure whether this is the same situation but I received a letter from Wragges stating they were going to request a stay and then a week later I received aGeneral Form of Judgement or Order from the court saying that there will be a prelim hearing. The hearing will consider staying the claim or giving directions for the claim to be heard as a test case. Does that mean that Wragge have requested a Stay or it's of the own judges bat?
  7. Hi All, After a few weeks with no news, after a requet to strike out the defence, I received a letter from the court stating that Judge Hayes has ordered that the claim be allocated to the Small Claims track and for a preliminary hearing of which if I agree to the directions, I don't have to attend. At the hearing the judge will consider that a) to stay the claim pending the decision of the test case or b) to give directions for the claim to be heard as a test case...... It also states that "Not less than 14 days before the preliminary hearing, the defendeant shall file with the court and serve upon the claimant details of any cases proceeding a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shal file with the court and serve upon the claimant draft directions for this case to proceed as a test case. What does this really mean and should I be worried? I'm not really sure of where to start either - please help!! Thank you for your time XXX
  8. I have had this same issue time and time again with A&L. I have literally been reduced to tears with the frsutration this account has caused me. It is absolutely impossible to manage. They don't even use realtime! It takes two days to transfer CASH between two accounts with the same sortcode, transactions and cash withdrawals take days to show up on your account although they take it out of the summary balance sooner, which makes it impossible to budget. They have repeatedly shown transactions in the wrong order to take you over your overdraft limit or charge you more. If you ever need to provide bank statement let's say for a mortgage application, it doesn't look good at all. I always thought that although the banks are a profit making organisation they're are bound to look after our best interests but all A&L have done is make me feel like they are robbing and bleeding me dry (hence the name!). On the repeated request for help or suggestions to improve the situation they might as well have shouted NOT ON YOUR LIFE to my face. I have just sent off my allocation questionnaire and have already stopped using the account as I can't take anymore from them! I will take extreme pleasure in knowing that they WILL pay me back every penny and they WON'T have the opportunity to take another minute or money from me ever again!
  9. Fantastic letter! The last paragraph mentioning the Standard Disclosure etc. Should we replace that with the draft order for directions if we are choosing the response with our AQ's?
  10. In my alloaction Questionnaire pack I have been sent a Mediation scheme reply form asking if I'll try mediation. It also states that if I say no that I may face cost sanctions if the district judge finds the refusal unreasonable/ Do you think it's OK to say no as there has been ample opportunity?
  11. I have been reading the rest of the convesations following on Banksfodders draft order post - Now I'm really confused and i'm an Analyst which you would expect would hold me in good stead!
  12. Thanks again Hedgey06. I have read through your draft order plus attachments and seen the template suggested by Bankfodder also. Which one should I attach? I'm really sorry to be a pain!
  13. Thanks Hedgey6......I'm afraid the Info in the Natwest link has confused me a bit more. Should I be asking to have the case struck out or continuing as normal? Also, I stil don't know what a form of 'basic' disclosure is? Can anyone help me please?
  14. Hi All, Thank you very much for all of your responses. This really is a fantastic site and it's so reassuring that there is always someone willing to help. I'm afraid I'm after some more advice! I have just received the N149 AQ and read in the notes on this site to add a statement asking for a request to the Judge to order a form of 'basic' disclosure from the bank. What is this? Also, is there anything else I need to send in with this and should I send a copy of the AQ to Wragges also? My claim is only for this year so all the charges were online (no paper statements) so I didn't need to request copy statements at the beginning of this process as all the charges were at my finger tips. I was going to print everything off from my online banking. Is this suitable? A&L charge £5 per statement so I'm going to avoid that if I can but if not then it can't be helped. I'm a bit nervous about this going to court. As well as the charges I'm also really unhappy about the service A&L have provided. It's really hard to manage your money cos the banking isn't realtime (Balance say's one thing, statement says another etc), transaction don't show up until a few days later and it actually takes two days to switch cash between two accounts with the same sort code! I understand the case is about facts supporting the refund though so I shall keep my mouth shut.....for now ;o) Thanks all......
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