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Posts posted by ED1237

  1. Cala,

    I would personally file in court. With this amount involved, you need to provide as much detail as possible. I have spotted another thread asking about claiming contractual interest. If you do that on this amount it will take you into the realms of multi track. You do not want to go there. If A & L decided to go to court you will need a barister and the cost implications are extreme. I would just stick to the 8%. That way your claim will only hit fast track. You are still exposed to cost's if you lose, but at least you can represent yourself.

  2. Hi willow,


    This is my thread.http://www.consumeractiongroup.co.uk/forum/mortgage-companies/23439-teddea-kensington.html. I have carried out two things today that could save my bacon, but I will not post until it's confirmed. Sorry to be mysterious, but I don't think the defendents are exactly trustworthy enough not to be monitoring.

  3. Ok thanks Karne.

    Just so I am clear, I need to send a the list of relevant case laws to the Abbey only, but I need to send bundle including witness statement to both the court and Abbey!


    Sorry to sound a bit vague, I have got a nightmare on my hands with Kensington which is running parralel to this. That will teach me to be cocky wont it!

  4. Sorry to be the bearer of bad tidings. The company do not have to give any reason for moving you unless your contract specifically states you will work in b. Even then there will probably be a clause that states they can move you at will. Unless your contract states your area of work without the you will work where we tell you clause, I am affraid you will have to either move or move jobs.

  5. Hi Zoot,


    Ok the claim is as follows :-

    Erc £8,068.49

    Charges £270

    Stautory interest £1,286.80 at time of claim.


    They have not asked for evidence or witness statements


    I sent a letter with the AQ, which said:


    With reference to the above claim, I have recevied the defence from the defendant and feel this is not complete in that the calculations requires to prove the costs of the purported breach of contract are not included within the defence.


    In your indulgence, I would respectfully ask, Sir, that you order disclosure of the calculaitons which justify the charges in question, that the defendant may intend to use to defend the claim.


    I understand that this is within your discretion to do so.


    I beleive such an order would bring a rapid end to this litigation.

  6. Hi Zoot,


    They are applying for a strike out on basis that it's not a penalty because I was allowed to terminate early. Pretty much along the lines of Jarmorgan. They have only asked for the strike out in relation to the ERC not the charges (I rolled it into one claim).


    The case management conference is 45 mins and the court will consider :-


    1) appropriate track


    2) time estimate


    3) the need for expert evidence when the defendant says this is an accurate pre estimate


    4) directions generally


    5) striking out the claim in respect of the early redemtion fee

  7. I think I am to far down the line to withdraw. I have a case manaagement hearing on 13th Feb. This will be fast track if I get my way or multi track if they get thiers. It's against Kensington. They have applied for a strike out of the ERC but not the charges. If they get the strike out, will I still be liable for costs even though the remainder of the claim will continue?

  8. Ok so here is the Notice of Allocation


    "Having considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.


    And considering the allocation questionnaires and considering that a comparison to industry standards is not relevant to this claim or defence the Defendant's request for an expert accountants report is dismissed.


    It is ordered that:-

    1. Claimant and Defendant shall file and serve documents in support of this claim to include:-


    a) all contacts and or terms and conditions for the account/s in issue.

    b) witness statements which may include details of the costs of the administration of overdrawn accounts.

    c) other relevant documents.


    2. The parties shall attempt to agree the level of charges claimed subject to liability.


    3. The Claimant and defendant shall serve coies of all legal authorities on which they intend to rely by 4pm on 19th March 2007. These must not be filed at court but brought to the hearing.


    The court must be informed immediatly if the case is settled by agreement before the hearing date.

    Each party shall deliver to every other party and to the court office copies of all documents (including experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.

  9. Hi mandy. I wrote to the court asking the judge to order full disclosure. I have received the directions this morning. Because of the cock up at the court in getting the directions typed, they have vacated the 9th of February and the hearing date is now 23 March. However the good news I think they have ordered the bank to fully disclose thier costs. Hooray for the Judges

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