Thanks very much you guys, I really appreciate this. The POC I was going to use was this IN THE BIF COUNTY COURT BETWEEN Dotty - CLAIMANT And RBS Plc - DEFENDANT PARTICULARS OF CLAIM 1. The Claimant had an account, number xxxx, sort code xxxxx, ("the Account") with the Defendant. 2. During the period in which the Account had been operating the Defendant had automatically debited numerous charges to the Account 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 Defendant 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 (“the Schedule”) applied is attached to these Particulars of Claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss 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 exercises 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 i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and; iii) the common law and Case Law relating to liquidated damages and penalties in contracts. c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982. 6. Accordingly the Claimant claims: a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £xxxx and interest charged thereon of £xxxx as detailed in the attached Schedule. Total £xxxxxx . b) Court costs £xxxxx c) Interest pursuant to section 69 County Courts Act 1984 of £ xxxxx d) Interest pursuant to section 69 County Courts Act 1984 from the date of the claim until the date of judgement/settlement at a daily rate of £ xxxxx STATEMENT OF TRUTH I believe that the contents of these particulars of claim are true Full name: ___________________________________________ SIGNED______________________________________________(Claimant

Not to worry stan. Thanks for the thought

Karne, I just sent a letter in asking to represent him. He can't sign anything and get it back to me in time Does he need to sign one?

I think they would know what you wanted them for though! Trouble with that is, they may say that they don't have any record of you asking for them, then after waiting a few weeks you would have to start again.

I have heard that HSBC are now using something like ' we have increased your overdraft by £30 ( The amount that would normally get bounced) and our fee of £35 has been added to your account Or something along those lines. Is this a get out clause?

Dotty got a letter from the DCA today Credit managment Services ( Part of RBS ) saying she was £25 in arrears and not keeping to the repayment agreement. I sent a letter of originally to tell them the account was 'in dispute' and not to contact her. With this being repayment of an o/draft, will there have to be a signed agreement like in a credit agreement? Any suggestions what \I do now? The claim is ready for the N1 stage

Hi, Posted this on another thread somewhere but cannot find it. Attaching the order to the AQ ended with the claimant ( work colleague) getting a letter from the Court saying it is now a claim and she has to pay £35.00. Glenn pointed me to regulations that don't agree with that. She wrote a nice letter to the court as Glenn suggested but they have written back telling her to pay the £35 or send in another AQ without the draft order. SO....... I am putting this on the AQ (N150) is this OK? There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims of their clients against unfair bank charges, thus abusing and wasting valuable court time and resources. Attached is a list of cases of the bank filing a defence for this type of claim and yet has failed to attend court to defend the claim,settling the claim before the court hearing. Accordingly, the Claimant respectfully asks the court to request from the Defendant 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 settled before final hearing, after proceedings have been issued. If the defendant does not comply within 14 days, the defence will be struck out. The Claimant believes this will bring an end to the banks abusing the Court system and delaying tactics in settling such cases. The case is for £5,487 (inc 8% S69) and we have asked to be heard in the SCC. Any help would be accepted gratefully

Yes Willow Whether I should have done this in the first place!! I never expected to have to attend court for this hearing. I have tried to search for anyone else that has done this but cannot find anything. I'm scared in case the bank turns up and ties me in knots!

good luck Go get 'em

Are the Court ok with you speaking for your hubbie? I may have missed that bit in your thread, sorry Haven't asked them, do you think I should ring and ask? Stan, Its in barrow in Furness Court Cumbria

Hi all, sorry for not posting for a while, got a bit tied up with an Abbey joint account. We have been summonsed for a directions hearing on 3 April and I am panic stricken as to what to do. My OH is away working and so cannot turn up, so I'll have to go alone. The thread for this is 'OMG £10,332 and then some' in the Abbey forum. If anyone can shed some light on this for me I would appreciate some help. Destiny

Thanks everyone. Thank you Charley for the Mullen case. I tried to Google that but didn't get anywhere. Stan, I do have to go to court on the 3 April! I rang the court on Monday and they told me to attend. Haven't got a clue what to say

aRMSOFT The hearing is for directions only. Haven't got a clue what to say. Karnevil has kindlyt helped me out with things to take, but I cannot get a copy of the Mullen case anywhere. He might ask me what that case is all about and I can't tell him

quickly looking on the CAG chat site, it looks like TSB turned up for one claim!!!!

thanks itsa Just rung the court and they tell me that he has to attend. Now I'm panicking

Karne the full order that I sent. IN THE xxxx COUNTY COURT CLAIM NO. xxxx BETWEEN: xxxxxx - CLAIMANT And ABBEYNATIONAL BANK PLC - DEFENDANT General Form of Judgment or Order 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-V Hackney London Borough Council (1997)2 A11ER 906 relevant 4/ If the defendant objects to the proposed strike out it is ordered to file within 14 days of this order 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. But where do I find the Mullen case? I've googled it but cannot find the actual case. Just in case he asks me.

This is what I put in Sect G of 149 In respect of my claim, I would respectfully ask the court to consider the attached order. There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims of their clients against unfair bank charges, thus abusing and wasting valuable court time and resources. Also attached is a list of cases of the bank filing a defence for this type of claim and yet settling the claim before the court hearing. Until they are in a position to reveal all to the courts, I would hope that the Honorable Judges at the Court would take note of this information in bringing a speedy conclusion to claims that they are dealing with. And attached this order General Form of Judgment or Order 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-V Hackney London Borough Council (1997)2 A11ER 906 relevant 4/ If the defendant objects to the proposed strike out it is ordered to file within 14 days of this order 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. I now need someone to tell me I don't have to go to court !!1

what happens if it does? I'm thinking I'd better back out of this!!

what happens if the bank doesn't turn up?

so take a copy of the order, the case numbers of those linocln cases, and the reading one too now where do I find these?

You mean I have to turn up? My old man can't he's working away. Now what? Are they not likely to settle before the hearing?

And another thing, it's a bit short notice isn't it? received today and hearing on 3rd April? My OH can't make it then, now what does he do? I'm really panicking now. I've done this work for him and looks like we are going down the pan.

well I've spent the last 24yrs looking through other threads in the Abbey forum, but cannot find anyone who has had this directions hearing. Have we done something wrong?

little bump to see if any experts are about.

BTW this is not the £10K one, it's a little one my OH have has. (woops! told everyone now) Its for £1.5K Followed and used all the templates in the library. Sent in AQ 12/3. Using the strike out order as in the Lincoln case, and attaching a list of cases settled without a hearing.