Bank Charges -Stay Lifted Court Date...HELP!!!

[redjax]

Hello

I've been a member for some months but this is my first post. I have carefully followed all the instructions for reclaiming bank charges for my 2 sons. The son who was with the Woolwich was paid out after the first letter but he was only charged £400 so a success there. The youngest son banks with the Nationwide BS and they strung it out until it became subject to the stay order. I have successfully applied to have the stay lifted. My court date is next Thursday 29 November. I wasn't requested to send in a court bundle but I did it anyway and now I am cacking myself because the date is getting nearer and nearer. I was hoping for an offer before the date but if it doesn't come and I end up in court I don't have any idea of what to say, what to ask or anything. This claim involves over £4000 so I don't want to mess it up after coming so far. Can anyone help me with some advice on what to say, how to argue my case etc....please....!!

[Bigmac versus]

Which court is this to be heard?

[noomill060]

Dont worry- you'll get all the help you need here.

 

You did very very well to get the stay lifted.

 

Where was this?

[redjax]

Thank you, it is so nice to know there are people out there waiting to help...an boy do I need help! I only got it lifted because of the advice and templates on this site. The main reason it was lifted I think is they have taken over £4000 from my sons account in charges and now have debt collectors hassling him for a £1200 overdraft - all made up of bank charges!

 

I am so hoping you can help me to successful conclusion, but I must admit to being more than a little bit jittery now.

 

It is being heard at Bromley (in Kent) County Court. Keep thinking how for Christmas all I want is a friendly sympathetic barrister who wanted to stand in for me....but if that doesn't happen, please advise me how to act in court. I don't think shaking for 5 minutes and then throwing up for another 5 will impress the judge but that's my only options at the moment!

[noomill060]

Just hang on- the cavalry will be along soon!

[noomill060]

I would be suprised if you didnt get a phone call and letter offering settlement in the next few days- they really, really dont like courtrooms!

 

If you do find youself in court, do not worry- as a litigant in person you will be given every chance to make your case by the judge, who will make allowances for your position.

 

Firstly, you and Nationwide's representative will most likely be told to go out and try to sort it out between yourselves, only if they are so silly not to offer settlement will you need to make your case before the judge.

[noomill060]

This is even assuming they bother to turn up, in which case you win by default.

[noomill060]

Is the DCA still hassling your son for unlawful charges, despite this claim against Nationwide?

[noomill060]

If they are, write to the court and tell them.

 

As the account is in dispute, this would be an offence.

[redjax]

They were still hassling until I sent them a letter telling them to go ahead with the court action and that I would do what their client had done to us, i.e. apply for a stay on their case until our case against their client had been heard. I sent them a copy of all the paperwork regarding the court case including the stay lifting and they sent back saying they would discuss this with thier client and get back to us. Haven't heard anything since, but they did hassle us for weeks despite being told previously that we were involved in court action for the amount claimed as we disputed it. They sent letters offering a reduced amount in full settlement if we settled within 7 days which we refused. We have always stated that should the case be found against us we will immediately make arrangements to repay this overdraft.

The thing is, if I do end up in court, what do I say, I know I can't just say I think they charged us too much, do I quote anything from this website or what. Sorry to be so clueless but I can't help it, I am blonde afterall. If you can give me some direct questions, facts to quotes, answers or anything like that it would be great. With our luck I know we will end up in front of the Judge and if I wreck it for him after all this I will be so mad with myself.

[noomill060]

Did you use the CAG Particulars of Claim?

 

Did you calculate the charges from his bank statements?

 

Did you present the charges as a readily understandable table?

 

Did NW respond to your claim and file a defence?

 

If so, what did the defence say?

[pt2537]

Hi, it would help to have an insight as to what arguments Nationwide have put forward in their defence then we can look at your arguements

 

you need to do some reading......

 

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

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

these threads are very informative,

 

the main thing is dont panic and dont be lead by what the barrister says to you out side of the court, some are known to try and suggest that you dont have a case and you should give up, just remember how many banks have paid out and how much money they have paid back, ultimatley if hte banks were so right they wouldnt hand over millions would they

regards

 

paul

[redjax]

Did you use the CAG Particulars of Claim?

Yes

 

Did you calculate the charges from his bank statements?

Yes

 

Did you present the charges as a readily understandable table?

Yes

 

Did NW respond to your claim and file a defence?

Yes - sort of

 

If so, what did the defence say?

No details of actual defence were shown, we just received a copy of the bottom bit of the Acknowledgement of Service with the box 1, 'I intend to defend all of this claim' ticked.

This was of course issued to us after the initial claim was filed, we haven't heard anything since the stay was lifted.

[noomill060]

In which case they havent entered a defence.

 

Have a good read of the links Paul gave you.

[redjax]

I will do thank you both. Keep your fingers crossed for me and if there is any other info or advice you can think of, please keep it coming!

[noomill060]

At this late stage, its the best we can do for you.

 

Really wish you had come here earlier.

[noomill060]

Let us know if you get phone calls or any post from them between now and Thursday

[pt2537]

okey dokey,

 

well no defence really does make it had to deal with, first thing in the morning i would suggest you get on the phone to the court and ask if there is a defence on file, they may have filed one they may not, they probably gambled on the case being stayed. in this instance, if there is no defence on file at the court then i would be filing for judgment in your favour

 

i would most definatley contact the court though and ask if there is a defence because you have not received it, ask if it has been sent you as it may be lost in the post

 

regards

paul

[redjax]

I did keep trying to post earlier but couldn't seem to get the system to accept me. Still at least I'm not on my own any more. Your advice has been very helpful and much appreciated. I will do the contacting the court thing and then I'll do my best if it comes to it. Keep your fingers crossed for me and I'll let you know the outcome!

[pt2537]

Hi, well dont forget many of us have been there, in the same position as yourself, its very daunting the thought of court

 

but its not as bad as you may think,

 

the judge will take into account that you are a litigant in person so the judge will most probably be helpful in explaining things to you

 

dont worry, if you need any help ask and we will do our best to help you

 

regards

paul

[JonCris]

Did you include in your application the info that the bank was attempting to enforce the debt by passing it to a DCA for collection? If so then this is why the stay was lifted.

 

The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant & the matter allowed to proceed to trial

[noomill060]

Useful piece of info, joncris.

[JonCris]

& this is the case I refer to

In the High Court of Justice

Queens Bench Division

Leeds Mercantile Court

 

Before his Honour Judge Behrens

 

Claim No 7LS40812

 

Andrew Carlisle (Claimant) & Others

 

Clydesdale Bank (Trading as Yorkshire Bank) Defendant & Others

 

Date: 29th August 2007

[debt_mountain]

If your son still has an account with them, any account, keep checking that for a credit, they did that with me and paid cash in the dy of the hearing. I didn't know it was there until after the hearing.

[trollstar]

am i totally out of touch? or missing the point? (think Children of Men...if any of you saw it?) IS this the FIRST lifted stay and court case going ahead that i have seen so far on CAG!! (since waiver and stay became the 'norm') i have enquired on a few threads but found nothing else like this.