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jo1006

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  1. Hi Gary, Once again you are a star. We have already sent in the documentation but will be following this advice and taking it in person to be handed to the esteemed Judge Beresford to add to our case files. Thanks again and we will keep you posted. J & M
  2. Thanks PKea, Here are our pocs 1.The claimants had accounts******** and******* with the defendant which were opened on or around 1988 and suspended in 2006. 2.During the period in which the accounts have been operating the defendant debited numerous charges to the accounts in respect of purported breaches of contract on the part of the claimant and also charged interest on the charges once applied. The claimant understands that the defendand contends that the charges were debited in accordance with the terms of the contract between itself and the claimant. 3.a list of the charges applied to both accounts are attached to those particulars of claim. 4.The claimant contends that: (a)The charges debited to the account are punitive in any nature; are not a genuine pre-estimate of cost incurred by the defendant; exceed any alleged actual cost to the defendant in respect of any breaches of contract on the part of the claimant; and are not intended to represent or related to any alleged actual loss but instead unduly enrich the defendant which exdercised the contractual term in respect of such charges with a view to profit. (b) The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the unfair contract terms in consumer contracts regulations (1999), The unfair contract terms act (1977) and the Common Law. 5. Accordingly the claimant claims (a)the return of the amounts debited in respect of charges in the sum of £****** and interest of £***** (b)Court costs ©Interest pursuant to section 69 County Court Act as set out on the attached list of charges or at such a rate and for such periods as the court deem just. So folks - this is it. And in reply we got this: on form N24 General Form of Judgement or Order: The claimant shall comply with the following directions by 16.00 on 15 August 2007. A. The Claimant shall file and serve a statement setting out particulars of the breach of contract and any explanation (if such breach is alleged). The statement shall exhibit a copy of the relevant bank terms. B. The Claimant shall file and serve a schedule showing how the amount claimed has been calculated by reference to the individual item by description, amount and date. C. In the event that the Claimant is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought. D. In the event that the Claimant is seeking to claim reimbursement in respect of interest charged on any overdrawn amount, the Claimant is to identify such sums and set out in brief the reasons why such charges are being sought. Point A. I thought had been covered in the N1 form, and point B. (schedule of charges) has been sent already along with the N1. I am finding all of this disconcerting now. I fall on my sword for help...please!
  3. Hello, yes, thanks for the reply. This is my thread. The letter we received has a final paragraph which says "The matter is listed for further special directions on 26th September 2007 at 3.00pm at*************county court, when the court will further consider the matter and give such further directions as are necessary to enable the matter to proceed to trial. This is where I am confused, as I have followed the same template as last time (when LTSB solicitors contacted us the day before with a full offer) and I cannot understand what has changed. We sent the particulars of the breach of contract in our first communication with the court on the N1 form, we also sent a full schedule of charges including each item by name, amount and date. We are not seeking re-imbursement going back over 6 years (or werent before this messing around - now it is over 6 yearsm but only because of the time it has taken to get to this point) The one that is troubling me is point d: In the event that the Claimant is seeking to claim reimbursement in respect fo interest charged on any overdrawn amount, the claimant is to identify such sums and set out in brief the reasons why such charges are being sought... (we are not claiming interest on overdrawn amounts as we had previously been informed on this site that we could not do so) I feel that the courts are now making us jump through hoops along with the banks. It is very very disheartening, but we will plod on. I feel in my gut that we wont win this one, and it will be struck out. Just one more thing (sorry) Do we have to send copies of this to SC&M?
  4. Hi Thanks for being so prompt. We used an N1 form, and when you say particulars of claim, we used the format recommended on here, which I believe is tried and tested, and which we used last time. We included a full schedule of charges which has been included with every correspondence both with the court and the bank. Can you let me know what information you need as I have everything but dont want to include anything that is irrelevent. I am just a little confused,as I am following the same format as I followed last time and I have only a few days in which to send the information. Also, I have the court bundle ready, but dont know whether I need to send all of that. It is all so confusing and worrying.:?
  5. Sorry, I am either having a senior or a blonde moment here - POC? I am sure I can post it if I know what it is. Thanks for your help on the rest though - it just phased me a little as I never received this one last time.
  6. We have been sent a General Form of Judgement or Order form and are unsure how to proceed. Can anyone help us/ We have claimed before and won, however we received a hearing that time. Although this never got to the hearing stage, and LTSB settled the day before, it was a different procedure to this one. If anyone out there in the ether feels they can help us with the next step we would be grateful - we have until 4pm on 15 th August to send the details they want. This is how it is worded: The claimant shall comply with the following directions, a. The Claimant shall file and serve a statement setting out particulars of the breach of contract and any explanation (if such breach is alleged) the statement shall exhibit a copy of the relevant bank terms. b. The claimant shall file and serve a schedule showing how the amount claimed has been calculated by reference to the individual item by description amount and date. c.In the event that the claimant is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought. d. In the event that the claimant is seeking to claim reimbursement in respect of interest charges on any overdrawn amount, the claimant is to identify such sums and set out in brief the reasons why such charges are being sought. Please help!
  7. Reading through these messages. Its a real shame for Kevin, but I am convinced that if he appeals and takes time to get everything right (dotting i's and crossing t's etc) he should win. Everyone else, this should just add fire to our bellies. Remember David and Goliath...come on folks, don't get disheartened. We CAN win, and we WILL win. It was unnerving to hear on the news that LTSB have won, but bear in mind, it wasn't planned, they had no legal representation there. Keep it up everyone. This is ONE case. The little people have won THOUSANDS! We ourselves have won a huge amount back from LTSB and are on with another case (awaiting a court date) Good luck all, Jo and Mick:D:D
  8. Thanks Barty and Gary, we will file the claim. Thanks Jo and Mick
  9. Hi Gary, I tried to IM you but your mailbox is full. Could you take a quick look at our new thread and offer any nuggets of wisdom. Appreciate it if you can, Jo and Mick
  10. Hi Everyone, Its been two months now and despite sending two letters to Barclaycard, they have not replied. Can anyone give us any advice how to proceed now. Are they within their rights to ignore our request? Confused... Jo and Mick
  11. Hi All, We have just received a letter from LTSB signed by one Jamie O'Neill, Assistant Manager. It goes like this, Dear Mr and Mrs Butler, Thank you for your letters dated 7 February 2007. I have noted your comments, but unfortunately I cannot add any further information to our previous letter or agree to your request. Since the bank's final response has been issued, I must advise you that we will not be entering into any further correspondence regarding the points you have raised. Yours Sincerely, Jamie O'Neill. So, I telephoned the customer service recovery centre, and got Mr O'Neills answering machine. I explained that we had not received any letter or final response from the bank and our next step would be to file the two claims for both accounts with the local small claims court. I added that should Mr O'Neill wish to enter into dialogue regarding this matter he was most welcome to contact us on our home number and either my husband or myself would willingly discuss this with him. As yet, no 'phone call!! So, once again we are getting our claim together and rootling round for the £120 to lodge it with the small claims court. Has anyone else received a response like this? Any advice anyone? Jo and Mick
  12. Hi All, Well just as expected, the bank has not acknowledged our letter requesting repayment of the charges, so we are about to send the letter before action. Hopefully, one day, they may realise that we are prepared to take it as far as it will go in order to regain what is rightfully ours. I feel as if we are on yet another emotional rollercoaster! Still, we keep plodding on. Does anyone have any advice, or new info that we may be able to action? Jo and Mick
  13. Hi Isiris, Just reading your thread with interest. We have already won one claim from LTSB and are in the process of another two. Could you tell me how we can contact Kieth Boden via email, I would like to send him copies of the letters we have sent via snail mail, and ask him what he can do about these claims etc. thanks in anticipation, mick and Jo
  14. just had a look through Dave and your responses and pre-empting are impressive. Hope you wont mind if we borrow some of your ideas, letters etc. should we need them. good luck, and we'll keep watching with interest. One of these days, they will realise that we are not prepared to lay down and be trampled on!! Jo and Mick
  15. Hi, The [edited] still manage to wrong foot us! I've just got home from work to find two letters, one from LTSB threatening me with all sorts and the other from their minions SC&M also threatening me, this time with attachment of earnings, warrant of execution and charging order. If the [edited] pay us what they owe us, it will more than clear the £759.00 overdraft we have with them! It appears to me that the left leg has no idea what the right leg is doing. And we are still waiting for a cheque they promised us two weeks ago!! Any advice anyone - this cheque would come in really handy as our cupboards are bare now! just hanging in there, Jo and Mick:-(
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