Defendants Witness Statement: help needed Please

[car2403]

What does the Court Order say will happen once the 28 days expire? Relist the case, defence struck out, etc?

 

If they haven't/can't provide what was asked for, they don't have a hope in hell.

[car2403]

They've sent you a cheque? Is that the £209.24 you mentioned? Can I assume that this amount is the different between the charges they can explain and the charges they can't?

[car2403]

Clever... I think the claim will be stayed pending the OFT TC now then.

[car2403]

Hi car2403,

 

What makes you think this?when the charges can't be accounted for.(do you think the contractual part will be stayed?)

 

I think it will go through(hopefully) as they haven't answered the courts order to produce the reason behind "OTH" charges, surely this now is nothing at all like the OFT test case principles.

 

I value your opinion and points, if anyone else has any please feel free to make them.

 

What does anyone feel about my prospect of getting all of my claim?

 

nick

 

My understanding is that they've refunded the charges they can't account for in this cheque and will rely on the OFT TC outcome to determine the rest, which is why I think the amount of your claim will be reduced by the cheque amount you've received back and the remainder of the claim will have to be stayed until the OFT TC outcome is known. I seriously can't see the Court hearing the rest of the claim, as the Bank will surely appeal any decision anyway, so it isn't in your interests to continue until the OFT TC is known anyway. (Given costs involved in responding to an appeal by the Bank)

 

Yes they haven't done what has been ordered, but they have refunded the amount you've disputed under the "OTH" charges, so technically they probably have complied. (or the Judge is likely to take that view anyway)

 

Hi all,

 

Question regarding cheque do I accept 'Without prejudice' on letter to solicitor or wouldn't you bother in this instance

 

thanks in advance

 

nick

 

If you do, the letter can't be submitted as substantial evidence to the Court - I'd say no, as you need to submit the letter to the Court to show that they've made a partial payment under the claim.

 

I can guarantee that they've already communicated this to the Court, but nothing wrong in you doing the same at this stage, IMO.