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bruce47

Where is the Banks defence?

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I thought the banks had until the 28th to submit a defence?

 

Do we know when it will be published, is there any reason its not been published yet? Maybe they have not entered a defence? it will be good to see so some of the more legally minded members can give us there view on it.

 

Could we email the OFT and request a copy of it or do they not have to show it to us?

 

Reading the agreement the OFT have until the 26th Oct to respond to the defence.

 

I hope its not like the waiver review and takes 2 months for them to publish the documents

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Just spoke to the delightful Kate Farrow at OFT and she's going to let me know when they get the ok to post it on the OFT site.

 

They definately have the defense (and counterclaim) and are ''very keen'' to put it up but their lawyers are still looking at the legalities of making them public.

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What the banks actually filed on time.

This MUST be a first for them ;)


Be VERY careful whose advice you listen too

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Well at least they have received it!

 

Just hope it doesnt take them to long to publish it, if it is to be a public document then why should there lawyers have to look at it first.

 

Anyway good news just hope they pull there fingers out.

 

I wonder what the counter claim is? will be intresting

 

Thanks for the info

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What part of this could they want to keep private?


A £35 pound bank charge is not a charge for a service. Its theft.

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I spoke to OFT today regarding the banks defence, they say they are going through it at the moment to see what they can publish as there is some commercially sensitive data in it which they have to remove, also they are altering there POC due to the banks defence.

I asked where else i can get an original copy of the defence with nothing deleted. He said you would need to apply to the High Courts civil procedures rules where an un edited copy of the defence can be obtained.

Just spoke to Royal Courts Justice - 020 79476000

Commercial Dept / Registry Claim no - 2007 folio 1186

The banks have entered 7/8 defences so it seems they all have there own. got an address of them

Royal Courts of Justice

Commercial Court

Room EB13

Strand

London

WC2A 2LL

They say you need to request copies of the defence in writing first, they will then write back to tell you how much the docs will cost, send a cheque and they will send the docs on.

I will send of and keep you updated and again anyone else can do the same to see who gets them first. Prob better to just email them to MOD as i wouldn’t want to copy and paste them onto a thread just in case

Just a shame about the postal strikes.

Also actually she mentioned if i was close by so i presume if anyone is near the address they can call in get a price and call back to pick up the defence would save a lot of time but i am miles away.

Thanks

Bruce

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Strangely enough I had a meeting at a central London law firm in connection with my JR action with the FSA and they need to pick up a copy of the defence anyway so they're going to PDF it to me hopefully by tomorrow.

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Sounds good, there are 8 defences i from eack bank. Funny enough i asked if they can email the defence to me and they said no it would have to be in hard copies. But i guess its who asks for it!!!

 

I have wrote a letter to send to them today so will send it anyway. Keep us posted if there is anything intresting. It will be good to have a un edited copy so we can see what the OFT have taken out when they publish the defence themselves.

 

Thanks

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Yeah it would be very interesting to see what they leave out. The solicitor

I spoke to seemed to think the banks were in negotiation with the OFT as

to what goes up on the site but actually the defence is a public document. I'll post it up as soon as I get it.

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Well yet again the banks are idiots - who cares what they post on the OFT website. Anyone with interest will be able to obtain a copy from the court - this includes other banks - the only people who could actually make use of this 'commercially sensitive information'.

 

What this commercially sensitive information actually is is the tiny cost of processing a bank charge - but we know that anyway - Banks and OFT: stop stalling.


A £35 pound bank charge is not a charge for a service. Its theft.

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And why the hell are the OFT not publishing this public document - I mean - anyone who is interested is going to see the unedited version anyway - whos side are the OFT on here?


A £35 pound bank charge is not a charge for a service. Its theft.

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And why the hell are the OFT not publishing this public document - I mean - anyone who is interested is going to see the unedited version anyway - whos side are the OFT on here?[/quote]

 

Certainly not ours if the last few months are anything to go by..:-?


27th April - Requested Statements

13th May - Received Statements:D

15th May - Preliminary request for £4780 sent.:D

16th May - Royal Mail confirm Letter received.:D

23rd May - Received Letter considering claim. :grin:

30th May - Letter Before Action sent. :D

10th July - Times Up!! FOS claim going in.

16th July - Measly 30% of claim offered as goodwill

17th July - Rejected offer letter sent

25th July - Acknowledgement of Reject Letter received

26th July - Screwed over by the OFT,Banks, FSA & FOS all in one go.:evil:

Never even felt it happen.

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I emiled them for the price and sending the defence to me and got a price of,

 

I unable to email you the copies of that you have requested as we do not have the facility to do that at the moment. I can only send you the hardcopies of the documents via the post. So please can you provide the court with a postal address. And unfortunately have already sent those documents to our reprographics department for photocopying so as soon as I get it back which normally takes 48 hrs, will I be able to tell you the exact cost. I can pre-warn you that we do charge £5 for the first 10 pages & 50 pence there after per document.

so i think! its going to be around £4 if i am correct in thinking 50 pence per document then means each defence as there are 8 of them?

Hopefuly CRX250 will get a copy first, but we will get copies before they are published by the OFT anyway!!

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Sounds more like 50p per page, with a minimum of £5, to me.


Always happy to help where I can!

:lol:

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Well done Bruce. I wouldn't be surprised if it runs into volumes. I'm still

waiting on mine.

 

Reprographics department? Don't they mean the photocopier? These people live in a different century.

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watching and waiting...

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me too, VERY interested in this.


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Is someone going to post the full unedited doc to CAG?


A £35 pound bank charge is not a charge for a service. Its theft.

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I too am very interested in getting sight of these docs as soon as possible. I have done the same thing, phoned the court, got the same story as other posteres and phoned and emailed the OFT. However, I have now seen the other posts on here and would be grateful if first person to receive unedited copies could post them on this thread. We also need to make sure that we get sight of any counterclaims issued by the Banks. Counterclaims are probably the reason why the OFT now wish to amend their own POC.

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Has anyone got an update on this.

I can't find the Banks defence and counterclaim posted anywhere on any site yet.

 

Ringmaster

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I have received an email back regarding the price just as well i was sat down!!

 

 

The copies have come back & the full cost for your photocopying is £85.50 and the cheque should be made payable to HMCS ( Her Majesty Court Service

 

Yours Sincerely

 

 

I think i may need to do a pay per view lol!!!

 

I am going to send of the the un edited copy as the OFT defence when published i expect will be half as long as these ones.

 

I wont be able to post them on the site because there is approx 160 pages according to the price and i don't have the time to scan all the pages and post them.

 

If any member wants to do this i can get copies done and post them to an address for them if they cover the costs of the copys and postage, sorry but its the best i can do. If there was 20 -30 pages i would scan them and put them on a thread but 160 would take to long.

 

CRFX250 have you any idea when you will receive the PDF version as this would be a lot quicker to put on a thread, also just out of intrest i got a reply back from Sion Simon MP the guy on the Northen rock program last week, asking for my postal address so he can reply back in writing to me. I am guessing if i say where my address is which is 120 miles from where he is he will say to speak to my own MP?? or do you think he still might reply?? not emailed my address yet just thought i would see what you think first.

 

Thanks

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50p per doc? surely thats a penalty charge :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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HI Bruce,

 

If you're going to order the full docs then I don't mind scanning them and posting them here. I'll happily send you a cheque for copies and postage. PM me with the amount I need to send you and address.


A £35 pound bank charge is not a charge for a service. Its theft.

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Bruce

 

I just this second got them. I'll post them shortly. Let me consider what to do about Sion Simon and I'll get back to you. I think it's very important

to open up a line of communication with this guy.

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just a quick question - if the banks have not filed totally the same defence - or one of them makes a slip up in the wording could there be a different outcome from one bank to the other?

 

Or as it is OFT agaist all the banks named could there only be one decision?

 

Probably a stupid question - just curious

 

Jan


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