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Dellean

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Everything posted by Dellean

  1. Hi Annette, I have not got a court date. I am going away till 2nd week in March. I would get a bundle together. Don't forget to have an extra copy. Good luck.
  2. Thanks tamadus, much appreciated. I started a thread at about November when I first joined then the system was updated and I got confused. I am not au fait with computers and I did not know I should start a new thread? I am very grateful for your help. I will now update POC and take it to the Court. Dellean
  3. Help from anyone please. I started my claim long before I discovered this helpful site. All has been well until now. I got an order from the court today to amend or substitute my POC in plain English? Can somebody please read my POC below and point out where my mistake is or what they mean by plain English please. PARTICULARS OF CLAIM 1. The Claimant has a current account (“the Account”) with The Woolwich (The Defendant), which was opened in around 1990. 2. In 1998 Claimant had to give up employment to start hospital treatment due to an earlier diagnosis in 1994 that unexpectedly had worsened. Claimant applied for her Overdraft facilities to be increased in order to avoid bank charges informing the Defendant of having to give up work because of treatment in hospital. 3. During this period the Defendant debited numerous charges to the Account in respect of alleged breaches of contract on the Claimant’s part. Interest was also charged once charges were debited. 4. A list of these charges applied is attached to these particulars. 5. The Claimant argues that: a. the charges debited to the Account are unfair especially as she tried to avoid the charges in the first place b. that these charges are pre-estimated and not the true to costs incurred by the Defendant c. that the charges exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant d. the charges are not intended to represent or related to any alleged actual loss but to enrich the Defendant, which exercises the contractual term in respect of such charges with a view to profit. e. 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. 6. Accordingly the Claimant claims: a. the return of the amounts debited from January 2000 to date in respect of charges in the sum of £4332.76 and any interest thereon I believe that these particulars of claim are true. ……………………… Signature ……………………… Date Please help me I have not got long or my claim will be struck out.
  4. I have a similar question as annette38. Does one send Court Bundle with Allocation Questionnaire? Dellean
  5. Thanks everyone. Bookworm, I have a dry sense of humour. I know it takes ages. I was being sarcastic!
  6. I would persist and put it into writing first that you want your money/charges refunded. You will then have a written evidence if they do not refund. Then decide from there.
  7. I have been away for a few days and I thought I will come back to meet my cheque from the Woolwich but the opposite had happened. Received my AQ today. I am sure I found how to complete this form or a similar one on site. I am now looking for Form N150. If anybody can help please post a reply as soon as possible. Dellean
  8. Phone your court to find out if they have received Acknowledgement from your bank or not. If not then refer to your Notice of Issue.
  9. Yes, I knew it! The Woolwich has filed an acknowledgement:- I have just received it but has been dated 17th November. Intending to defend all of the claim. The Defendant has 28 days from the date of service of the claim form with particulars of claim or of the particulars of claim to file a defence. Filed by:- Barclays Legal & Compliance Litigation & Disputes Level 29 One Churchill Place London E14 5HP Panick has set in. Is anyone there that can help me please.
  10. I need help as I think my Bank, The Woolwich, will either contest or defend my claim because I have had several correspondence with them before taking them to Court. Has anybody been in this situation. Please help. What do I do?
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