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RBS - Leeds CC - Danger of Strike Out

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Hi, I really needs ome quite urgent help :???:

Last August District Judge Flanagan (Leeds County Court) stayed our claim against RBS for unfair bank charges, pending the outcome of the test case.

 

part 2 of the order is

2. If no part shall file at the court office by 4.00 pm on the 7 August 2008 a written request for directions and/or a hearing date the claim shall be struck out without further order on that date.

 

I'm not sure what I should do.

What does it mean request for directions?

Is there any point askign for a hearing date?

When it says file at the court office does it mean goign in or can we just send it by post?

 

The letter we had from RBS solicitors, Cobbetts, did say they would not see claimants disadvanted by stayed claims. this sort of makes me think that they woudl agree torefund the £120 court costs if the OFT ruled charges unfair. So we woudln't lose outon that. Am I being very naive?

 

Does anyone have any advice for me or any suggestions of which threads to read?

 

Thank you

Roobieroo

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I would consider submitting the following draft order to court requesting that the claim be allowed to proceed.

 

--

 

DRAFT ORDER

 

In the XXXXXX County Court

Claim number XXXXXX

 

Between

 

XXXXXXXX - Claimant

 

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

1. The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

• g) Copies of "manual intervention" sheets relating to the customers account for 6 years in the absence that they have not been provided thus far

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thank you so much for that Enron,

I know I have left this really late, I would buy the smalls claims reclaim pack adveritsed on here to help me with this, but it would arrive too late as I have to get this in by 4pm on Thursday. So was wondering if anyoen coudl answer these questiosn to assit me.

 

Does the Draft Order need to be on specific claim form? i have looked at the claim forms on the court website and cannot see which to use. Can i just write a letter with the information that Enron has provided above?

Will it cost?

Can I post it or do I have to take it in person?

 

All hints, tips and friendly words appreciated. Feel really foolish for leaving this to the last minute :(

Roobierooster

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I've looked at the online court forms, the N244 doesnt seem to be right for this. Also becuase the bank did not defend the claim they just requested a stay instead, I dont think I can use the AQ.

Do I need a court form at all? Can I just put it i a letter?

I have to do this today otherwise the claim will be struck out tomorrow. Anyone able to offer any help?

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