Thanks clarion48,

why do you think the judge didn't accept your draft order- surely it helps speed up the process? When did you send in your AQ? Good luck for the 28th

thanks for the prompt reply I feel a whole lot better! and if he doesn't? what then?

Hi sorry to hijack your thread but I have also sent in the same draft order with my AQ & wondered when the 14 days deadline starts. I sent my AQ to the court & copy to Abbey on 1st June do I then have till the 14th or do I wait to hear from the judge as to when the order is served?

hope someone can help

Hi,

I have got as far as sending the new draft order together with the AQ to the court & Abbey but wondered how I know when the order has been served to know when the 14 days limit starts & finishes - "The claimant shall within 14 days of service of this order send to the Defendant and to the Court" etc

many thanks

Hi sorry to butt in but does anyone know which address James Arrandale is at?

Cheers

forgot to mention that these accounts don't have any regular monies going in as I left work 2 years ago & my hubbies salary goes into his Abbey account so how they can offer him nearly 4 grand of credit is beyond me!

Hi folks just when you think the Halifax can't be any more stupid than they already are.......

having had a payback of £1275.82 and taking them to court for the 2years previous on this account and a settled claim of £1231.12 the halifax sent myself & my husband credit cards through the post a couple of months ago.

Mine was in my MAIDEN name:rolleyes: - I have been married for 7 years and during that time have had (& still do have ) 2 current accounts, an instant saver ,a web saver, a mortgage(just closed that), car insurance and a closed credit card-ALL IN MY MARRIED NAME!!!

we destroyed the cards as we hadn't even asked for them but never contacted them ,to say we didn't want them, and my husband has had a statement for his with a nil balance but the available credit is £3850!!!!!!!!!!!!!!!!!! how can they do that????? WE NEVER AGREED TO ANYTHING surely thats wrong if we had still been in the mire(mostly due to charges) we could have easily have used them then been even further in it yet again...makes my blood boil:evil:

many thanks wilks:)

thanks guys - have been laid up with gastric flu for a couple of days but back at the ol' laptop again!

cheers!

bueller......

bueller...........

bueller.............

anyone???????????????????

my daughters used to get twinkle comics when they were little nurse nancy ran the dolls hospital sorry to disappoint!

are you the same nurse nancy that appeared in the twinkle comics?

right!

Am sending AQ back with the above mentioned section"G" attached

Also sending the Draft order for Directions from the template library

Just posting the Halifax defence just in case I should be answering number 7 in particular

5. The Particulars of Claim state that the Claimant's claim is based on contract and as such section 5 of the Limitation Act 1980 applies. Section 5 states that an action founded on simple contract cannot be brought after the expiration of 6 years from the date on which the cause of action accured,and accordingly, the Defendant submits that the balance of the Claimant's claim in the sum of £1629.37 (relating to charges applied to the account between 30 April 1998 and 31 December1999) is statute bared.

6. It is therefore denied that the Defendant is liable to the Claimant for the sum of £1629.37 or for any other sum.

7. On the basis of matters pleaded above, the defendant contends that the Claimant has no reasonable grounds for proceeding with the claim. The Defendant respectfully requests that the court gives due consideration to whether the remainder of the Claim in the sum of £1629.37 should be "struck out" pursuant to CPR Part 3.4(2)(a) and the Practice Direction which supplements CPR Part 3.4

Am I right or should I include more detail?

.........baited breathe.....an'all that! Lots of luck keep your phone on- I'll sure you'll get a call!!

thanks do I not have to modify the draft order? & is it OK to type out & attach the section G notes as it will be a bit squashed otherwise?

Sorry hopeless at filling in forms!

Thanks for that yep it's very similar to Wilkins' just left out the non compliance bit.

Can I ask -do I send draft directions with my AQ? I'm just claiming for 2 years prior to 2000 as they have paid out for the last 6 years

thanks

wilkins I've sent you a pm did you get it?

Oh of course - I'm in Spain & hope my hubby has recorded it for me. Was it good?

I usually get an e mail when someone has posted onto a thread I've subscribed to but I'm not getting them today is there a problem?

Oh Hi

did you get my email?

Just waiting for someone to improve on the above cos as soon as I fill in the form someone's bound to come up with a great suggestion!

Anybody there?

I'll do my best:D

bump:(

Well I've had a bash & wondered if someone could look at this & see if it has enough info in it or if it can be improved upon

pretty please:o

I am respectfully requesting that my claim be allocated to the small claims track.

I believe the case will last no longer than one hour.

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

The Defendant has entered a defence on 12 March 2007 which I received on 14 March 2007. The Defendant asserted its rights under Section 5 of the Limitation Act (1980) but offered to refund charges levied on the Account between January 2000 and June 2003.

The letter is internally inconsistent in asserting the Defendant’s rights under the Limitation Act 1980 whilst offering to refund charges levied within the last six years.

I do not consider that Section 5 of the Limitation Act places a restriction on this claim.

If the claim is time barred by virtue of Section 5 of the Limitation Act 1980 then I contend that the Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then I contend that the Defendant is mistaken and/or I paid them in the mistaken belief that they were lawful. As I only became aware during July 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

I am thus of the opinion that my claim indeed has substance and request the the claim be allowed to proceed to trail