Very Urgent !!!!!

[colin suvern softee]

PLEASE help , i am now feeling physically sick as i now fear i've cocked this whole bank charge court thing up !!!

I am due in court on thursday (20th sept). I followed everything from Money Saving Expert . com , got my court date through , then everything went pear-shape at work and ended up changing my job . The result being that i took my eye off the ball with all the stress and worry workwise and have now realised that i'd completely forgotten about my court bundle . What is my best plan of action now ? I am scared and depressed at hope stupid i have been , so castigating me wont help !!!

[GuidoT]

Can you please post up the full text of the order that advises the hearing date, I want to establish if this is a prelim or main hearing.

 

Further post up other details of your claim too, like value, the court, when you filed.

[rbrears]

The only option is to file it now. That would be better than turning up to court with it, or worse still without it.

[colin suvern softee]

Can you please post up the full text of the order that advises the hearing date, I want to establish if this is a prelim or main hearing.

 

Further post up other details of your claim too, like value, the court, when you filed.

 

Ok

 

District judge Carron has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 11.00 on the 20/09/07 at Swindon County Court and should take no longer than 15 minutes.

The court must be informed immediately 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 any experts' report) on which he intends to rely at the hearing no later than 21 days before the hearing.

The original documents shall be brought to the hearing.

Witness statements must be included in the documents filed and served.

Date : 26/07/2007

 

 

The claim value is just under £4000.

One thing i did get from their solicitors before the OFT case came about , was a letter that started " we have been instructed to write to you as our Client ,is, entirely without prejudice basis and with no admission whatsoever to liability , minded to enter into settlement negotians with you , but before doing so , we are told that there appears to be a discreppency in what you are seeking by way of a refund of bank charges"

They then asked for copies of charges and how i calculated the interest etc. I sent this to them and then the OFT case came to light so it all went down hill from there .

Thanks fer any help you have got tho !

[GuidoT]

That is your main hearing, you need to prepare a bundle as here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107596-new-poc-n1-lloyds.html

 

You are going to be up late tonight preparing this.

 

Then hand deliver or courier the documents tomorrow to the court and SCM with an apologetic letter. SCM have never submitted a bundle so you will at least your will have one up on them.

 

The judge may be sympathetic as you are a litigant in person.

 

It is likely Lloyds will request a stay tomorrow in light of the OFT test case and it will probably be granted, so you need to be prepared to argue why they should not have one and why judgement should be entered in your favour. Have a read around here:

Stay Forum

 

Additionally here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

[colin suvern softee]

Ok , very late night had , prepping bundle ! Thanks for your help . Now , which parts of the Acts do i need to refer to / highlight and bring to the judges attention ? They seem to be very longwinded and i dont want to be faffing around looking for relevant info .

Any tips would be most appreciated also as this is VERY daunting !!!

[colin suvern softee]

This all seemed like a good idea earlier in the year , but i'm beginning to wonder wether it was worth all the aggravation , PANIC !!!!

[colin suvern softee]

ok , i've moved on somewhat , thanks to the template concerning particulars of claim and summing up with total fees and interest . i've used utccr section 5 , soga section 15 along with the oft summary and the early morning parliament doc. Just not sure what to derive from the unfair contract . PLEASE help urgently as i'm running out of time !!!!

[colin suvern softee]

I was rather hoping that someone would of offered me some guidence by now !!!! Thanks GuidoT for your initial help , i have added to yor reputation !!!! Here but for the grace of God go i !!!!!!

[Belville]

GOOD LUCK

for court in the morning

I'm sorry I can't offer you any advise but i hope everything goes OK for you in the morning

[colin suvern softee]

Cheers Belville !!! It's a shame you cant take half a dozen board members into court with you !!!

[rogerebaker]

Colin

 

Dont panic

 

The chances are that the case will be stayed due to the OFT case and in your circumstances that isnt such a bad thing.

 

Take what youve got to court

 

Apologise if necessary and explain honestly why it hasnt been done

 

lloyds would be hard pushed to complain as they havnt produced papers either.

 

Worrying about it just isnt going to help. Your no worse off than you were 6 months ago.

 

certainly dont give up and make sure you attend court.

 

good luck

[GaryH]

Good luck for today. If Lloyds do not turn up you should request judgment. The same judge you'll be before today (who is fine) granted me judgment in simular circumstances a couple of weeks ago.

 

If they do turn up and your happy for it to be stayed thats fine. However there is the possibility of taking your account T&C's in and the OFT PoC and argueing that the part of the claim based on penalty should proceed because the OFT have not saught a declaration on that issue - only on the applicability of the UTCCR's.

 

This means you'd propose that the od excess charges and unpaid cheque charges proceed (clear breach so penalty laws apply) whilst the unpaid DD/SO are stayed (no clear breach - reliant on UTCCR). You could request that directions are given for a new hearing in a month and the defendant is ordered to file any skeleton arguments and documents in advance.

 

The Test case POC are linked from here -

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Account T&C's (assuming its a personal current account) -

RapidShare: 1-Click Webhosting

RapidShare: 1-Click Webhosting

RapidShare: 1-Click Webhosting

 

Good luck - let us know how you get on.

[ukaviator]

Good luck Colin.

[colin suvern softee]

I have received a letter from the court this morning granting a stay . Part of me is angry and part of me is releaved . Not sure what i'm going to do now . It seems such a waste of the money and my time . I may have left it late but i have put a hell of a lot of time in the last few days and feel somewhat deflated . Massive thanks to all of you that have offered me support and guidance , i couldn't have got this far without you .

 

CHEERS !!!!

[GuidoT]

Sorry I missed your earlier posts. If no one responds to your posts and you are in court the next day, then PM me (or another SH or Mod) with a link to your thread.

 

The stay unfortunately is to be expected, at least you did not waste your time going to court, like a few others I have seen recently.

 

On a more positive note think of all that daily interest accruing.