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sean1

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  1. Hi everyone, I went to the bank this morning and my money was there waiting for me. I would just like to to say a huge thanks to every one who helped me get here - I couldn't have done it with out you. Regards Sean.
  2. Well done to you to Kazzaw, not long to wait! Thanks everyone for your comments. I will wait and see now if I receive a cheque from them. Regards Sean.
  3. Hi, I have received another letter from the court today: - Upon the Courts own motion. The Court has made this order of it's 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's defence be struck out, as per the order dated 17th Jan 07 2/ There be a judgement for the Claimant in the sum of £____ plus costs of £___, payable by the Defendant to the Claimant by 21st Feb 07. All being well they will not contest the Courts order. Regards Sean.
  4. Hi, I have just received a reply from the court as below... Upon the courts own motion. The court has made this order of its own initiative without a hearing. It is ordered that 1/ The court of its own motion is considering striking the Defence in this action as an abuse of process 2/ The basis for this is the fact that the Defendant is settling all claims of this nature where claimants are seeking the reimbursement of bank charges, with no claims proceeding to a contested hearing 3/ The court considers the authority of Mullen-VHackney London Borough Council (1997)2 A11ER 906 relevant 4/ If the defendant objects to the proposed strike out it is ordered to file by ______________ a schedule setting out all claims of this type in England and wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued 5/ Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue 6/ In the absence of any such objections being filed in time, the defence herein will be struck out and entered for the amount claimed, together with the appropriate costs claimable on the small claims track. Has any one else seen a letter like this? Am I nearly home and dry? Regards Sean
  5. Hi. Just to let you know that I received a letter this morning from the county court stating that my claim has been stayed until the 18th Dec to enable both parties to attempt settlement. It states that on or before 02nd Jan 2007, one of three steps must be taken: 1/the claimant must notify the court of settlement or 2/claimant / defendant must write requesting an extension of the stay period explaining steps to be taken towards settlement or 3/all parties must file a completed AQ at the court Does anyone know if I need to send another AQ in if 1 & 2 don't happen? Thanks Sean.
  6. Thanks Freebird, I'm starting to see the light at the end of the tunnel and feeling more confident now.
  7. It has helped alot - thanks. I feel a bit of a wally, but hopefully thanks to all the help I will be able to salvage something. Thanks again. Sean.
  8. Thanks. I will let you know what response I get. Regards Sean.
  9. I wrote the following: - 'Reclaiming of unfair bank charges.' I read on the forum that if I sent a letter to their solicitors that this would be ok? Regards Sean.
  10. Hi, This is what I sent to them: - Claimant _ _ _ _ _ Name: Defendant Lloyds TSB Bank I have a contract with the defendant bank, account (_ _ _) from (Date) which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2 (1) (e).In the event that the charges are not a penalty then they are unreasonable within the meaning of Supply of Goods and Services Act 1982 s.15.1 have asked the bank repeatedly, to justify their charges and they have declined to do so. £xxx is the amount owed. A breakdown is available. Have I messed up?? Regards Sean.
  11. Thanks - I will do that. When I filed my claim on line I put that I was claiming unfair bank charges. After reading the forum I realised my mistake and sent a letter to their solicitors and also put a break down of bank charges in with the AQ. Regards Sean.
  12. I filed my claim on line and omitted the detail of the claim in error, so I posted my break down with my AQ. I just sent a spreadsheet of all the charges that I was claiming line by line. Stupid question - but how do I contact the mod/admin? Thanks Sean.
  13. Help!! I have received a leter from the County Court this morning: - ***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 appointment to have it set aside, varied or stayed within 7 days of receiving it It is ordered that The claiment do file and serve by (Date) full particulars of how this claim is made up.*** I thought that I had done this when I returned the AQ, I included a break down of the bank charges that I was claiming. Has anyone else received something similar to this, I'm not quite sure what to do now. Regards Sean.
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