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sparksgem

sparksgem ***WON***

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well have recieved my letter telling me it is their last word on the matter will give them until the 14 days are up and then its off to court

thanks for all the help

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well

due to the darlings at LloydsTSB taking £162 in charges from my account last month i didnt have the money to start my court case i am hoping to get it started this week when i am paid before they take their charges for this month

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well still not had the money to start my smal;l claims but am hopeful that i will have in the next couple of weeks

do i need to do anything other than send a amended schedule of charges to the bank and do i add the 8% to this one as it is going to be with a MCOL

thanks for your help in advance

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Well, make sure you use the correct 'particulars of claim' from the templates and include your account number. Also, when you've submitted it and got your claim number, send your schedule by post. 2 copies, with a cover letter -

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

(DATE)

Dear Sir/Madam

(YOU) –v- (BANK)

Claim No: ********

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

Yours Faithfully

(YOU)


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well i am just about to submit my MCOL form

hopefully i have all the right information and i have printed out my schedules for the court which i will post when i have a claim number and then i will sit back and wait

just wish i had had the money to do it before but the dear old bank kept me well under control by taking money off me and things just got out of hand but i am back in control now and fully intend to get all my money back which now totals 3549 and a few pence and the interest (if i have worked it out correctly claim x 0.00022 ) is increasing by 78p a day

thanks again to everyone here for the information and the inspiration to go on

just one question really should i tell the bank i am proceeding as i am sure they will think they have scared me off as i sent my LBA way back in September

thanks in advance

sue

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Personally Sparksgem, i would just issue your claim. If you write a 'further to my LBA' letter you may appear weak - which of course I am sure you are not.

 

Regards

 

Paula

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well it is done

filed my claim on money claim on line

will pm details to a mod later when i get back

hopefully i can look forward to a nice fat rebate in a few months just in time for summer and my new kitchen

thanks everyone for being so helpfull

sue

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hi

can you believe it LloydsTSB have already acknowledged my claim i only got my letter from the court to say it was deemed to be served on 29th January not sure wether this is good or bad

any ideas folk?

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Well Lloyds have entered a defence and early not at the last minute it wasnt due to end until 1 March

so i am just waiting now dfor the details of the court and their defence so it looks like they are speeding things up hopfully it will mean i get my money back sooner rather than later

i am going to need a lot of help and encouragement now

look forward to hearing from you all

suzy

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well got my AQ with Lloyds defence very much the same as the others posted on here except one small detail and that is as follows

8:3 further, insofar as part of the Claimant?s claim is based on charges levied on her account prior to the six years from the date of issue of her claim, that is 26th January 2001,this part of the claim is statute barred by section 5 of the limitation act 1980

is this a problem? I just added to the schedule from when I started my claim didnt give it a thought when i posted the MCOL

I also had a mediation helpline leaflet in with the pack

thanks

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hi

i know you are all very busy but i need a little advice here re my previous post or at least a thread that contains what i need

i have until 11 march to get my AQ handed in so it isnt desperate yet

thanks

sue

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Don't worry about it - some of the charges must fall outside the 6 year timescale, thats all. When they offer settlement you'll have to then make a decision on whether you want to pursue to court for the statute barred charges or not. Don't worry about it now, anyway.:)

 

Here's help for the AQ. The new strategy is favourable if you are comfortable with it, if not just fill it in as per the standard guide notes.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html


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crossed posts;)


Please remember to DONATE! Help CAG keep up the fight!

 

 

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hi

have to have my AQ in for 11 March which is a Sunday should i take it in Friday or can i wait until Monday first thing or post it Friday?

thanks

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well went to hand my AQ in today with my cheque for £100 the very kind young man photo copied it for me so i would have one for the solicitors when he came back he said he couldnt take my cheque as all claims were being sent to the Mercantile court and that people who had already paid the fee were having cheques returned with the court fee

this happened to anyone else yet?

is it specific to Leeds?

will i still get my money?

will i have to go to court?

is there anything i can do?

i used the new strategy for filling in the AQ so handed in the draft order too

please help

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Don't panic, you just need to sit tight and wait for further instructions from the court. You'll receive a court date and directions within the next couple of weeks - see this thread when you do http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html


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not panicing

just not heard this happening before

the guy said that ALL claims are being referred to the Mercantile Court and they werent taking any more court fees and anyone that had paid recently were recieving there money back has this happened to anyone recently does anyone know what is happening

i have read loads of threads and havent seen this anywhere that i have read

do we need to be looking at other points?

have sent a copy to the solicitors and wonder if there is any point in ringing them on Monday/Tuesday and see if i can speed up a settlement just in case this transfer is going to cause problems

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well got transfer details today

date set for 26 April there is a list of 29 others due the same day 6 in total for the Lloyds one that is already settled and 1 queried as settled

was wondering if i should start a new thread in the mercantile section so the ones that are from this forum can discuss tactics

i need to send in a CPR 59 by the 19 Aprilit is a directional hearing and they have allocated a half day commencing at 10.30

any help will be much appreciated

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well got transfer details today

date set for 26 April there is a list of 29 others due the same day 6 in total for the Lloyds one that is already settled and 1 queried as settled

was wondering if i should start a new thread in the mercantile section so the ones that are from this forum can discuss tactics

i need to send in a CPR 59 by the 19 Aprilit is a directional hearing and they have allocated a half day commencing at 10.30

any help will be much appreciated

 

Could you also post the full wording of the order please?


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In The High Court of Justice Claim no 7QZ09596

ORDER

Queen's Bench Division

in the Leeds District Registry

 

Sparksgem claimant

 

Lloyds TSB Bank PLC defendant

 

on 23rd February 2007

 

His Honour Judge S P G******** sitting at the court house 1 Oxford Row Leeds considered the papers in the case and

 

ordered that:

 

1) The claim is transferred to the Mercantile Court Leeds District Registry.

 

2) The claim is reserved for all purposes to His Honour Judge K*** QC.

 

3) Because this Order has been made by the Court without considering representation from all parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to do make an application must send or deliver the appllication to court (together with the appropriate fee) to arrive within seven days of service of this Order

 

that is i understand it isthe order but there was then some more paperwork which i will also copy here

 

15th March 2007

 

The above mentioned case to which you or your client apears to be a party is one of a number of cases of a similar nature listed in the enclosed schedule.

 

All of these cases involve the same or similar points. The claimant seeks the return of moneys deducted from accounts with the defendant bank by way of bank charges. The issue between the parties varies slightly from case to case but essentially involve the question whether the deduction was unauthorised, excessive and/or unreasonable in amount, amounted to a penalty or was otherwise unlawful or wrongfulought (and can) accordingly be repaid.

 

Owing to this common ground and th their perceived importance, these cases (which have all recently been started in or transferred to Leeds County Court) have all subsequently been ordered (by Judge SP G******, the Leeds Civil Designated Judge) to be further transferred to the High Court Queen's Bench Division (Mercantile Court). The caseswill , however, remain in, and be dealt with by this, the Leeds District Registry.

 

It is thought (as may be seen from the enclosed schedule) the some of these cases may have recently been settled and if yours is one of them it would be appreciated if you could write and confirm this.

 

H H Judge Roger K*** QC, as a judge of the Mercantile Court, has directed taht all of these cases be listed for an initial directions hearing in accordance with Part 59 of the civil proceedure rules and Mercantile court practice direction. In this context you may also, if not already familiar with it, find the Mercantile Court guide for the Leeds Mercantile Court useful. A copy maybe downloaded from the court services website: Her Majesty's Courts Service - Home .

 

This directions hearing will take place on 26th April 2007 at 10.30am before His Honour Judge K*** at Leeds County Court, 1 Oxford Row Leeds LS1 3BG. In view of the number of cases involved a half day has been allocated.

 

No later then seven days prior to that hearing a completed Case Management Information Sheet in accordance with CPR 59 should be filed with the court. (if you have access to the internet log on to the above address, click onto civil Proceedure rules. This will open a new window, click onto rules and practice directions, if you click on 51-60 this will bring you to part 59. If you click on this it will bring you to Mercantile practice direction. Click on annex A and you will find the Case Management Information Sheet) If you do not have access to the interent, you can contact the Court and it can be posted out.

 

The Judge asked me to point out that amongst teh directions that may be given or considered is the allocation of the cases to the multi-track (in accordance with CPR59) but it may also be appropriate to consider orders for consolidation and directions aimed at selecting which is most appropriate lead, sample or test case.

Consideration may also be given to whether it is appropriate to treat this as a group litigation to which the provision of CPR Part 19 apply.

 

hope that makes it clearer

i was on nights last night so i didnt read it properly when i wrote the origianl post as i was still half asleep

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CMIS template answers, which you may want to amend:

Case Management Information Sheet - Mercantile Courts

[Title of Case]

This information sheet must be filed with Mercantile Listing at least 7 days before the Case Management Conference, and copies served on all other parties: see paragraph 7.7 of the Mercantile Courts Practice Direction.

 

Party filing: Claimant

Solicitors: Claimant in Person

Advocate(s) for trial:

Date:

 

SUBSTANCE OF CASE

1. What in about 20 words maximum is the case about?

Please provide a separate concise list of issues in a complex case.

The claimant seeks repayment of unfair & unlawful bank charges and interest.

 

PARTIES

2. Are all parties still effective? Yes

3. Do you intend to add any further party? No

STATEMENT OF CASE

4. Do you intend to amend your statement of case? No

5. Do you require any "further information" - see CPR 18?

Yes. I believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Claimant seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

 

DISCLOSURE

6. By what date can you give standard disclosure? Within 7 days of being requested by the Court.

7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be unreasonable within CPR 31.7(2); if so, what type and on what grounds? No

8. Is any specific disclosure required - CPR 31.12?

Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge

9. Is a full disclosure order appropriate? Yes

10. By what dates could you give:

(i) any specific disclosure referred to at 8; Within 7 days of Courts directions

and (ii) full disclosure? Within 7 days of Courts directions

 

ADMISSIONS

11. Can you make any additional admissions? No

PRELIMINARY ISSUES

12. Are any issues suitable for trial as preliminary issues? If yes, which? No

WITNESSES OF FACT

13. On how many witnesses of fact do you intend to rely at the trial (subject to the court's direction)? One

14. Please name them, or explain why you do not. Claimant

15. Which of them will be called to give oral evidence? Claimant

16: When can you serve their witness statements? Within 7 days of Courts directions

17. Will any require an interpreter? No

 

EXPERT EVIDENCE

18. Are there issues requiring expert evidence? No

19. If yes, what issues? None

20. Might a single joint expert be suitable on any issues (see CPR 35.7)? No

21. What experts do you intend (subject to the court's direction) to call? Please give the number, their names and expertise. None

22. By what date can you serve signed expert reports? N/A

23. Should there be meetings of experts of like disciplines, of all disciplines? By when? No

24. Which experts, if any, do you intend not to call at the trial? None

25. Will any require an interpreter? No

 

TRIAL

26.What are the advocates' present estimates of the length of the trial? 1 Hour

27. What is the earliest date that you think the case can be ready for trial? Within 4 weeks of Case Management Conference

28. Where should the trial be held? XXXX County Court

29.Is a Pre-Trial Review advisable? No

A.D.R.

30.Might some form of Alternative Dispute Resolution assist to resolve the dispute or some part of it? No

31.Has this been considered with the client?

No. The banks have so far refused to attend hearings being content to take the full period of the process before settling at the last minute.

32. Has this been considered with other parties? No

33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4; or any other directions relating to A.D.R.? No

OTHER APPLICATIONS

34. What applications, if any, not covered above, will you be making at the conference? None

COSTS

35. What, do you estimate, are your costs to date?

Claimant in Person costs £9.25 per hour XX hours research & preparation £XXX.XX plus £XX.XX sundries expense.

36. What, do you estimate, will be your costs to end of trial?

Attendance in XXXXX for Case Management and subsequent hearing total XXX miles at standard mileage and car park rate. Further costs say X hours at hearings plus X hours travelling. Plus XX hours additional research and preparation. Plus £XX.XX sundry expense.

 

[signature of party/solicitor)

 

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