Need help

[Dysexlic]

Hi,

 

I've been a bit out of the loop since 2007 when all the High Court stuff kicked off and like many other I imagine have been patiently waiting (not sure if that was the right thing to do, but didn't know any better). I have recently received correspondence from the bank which I am claiming from (RBS) giving me a load of press cutting etc and informing me of my claim being stayed. I have also received a rather late letter from my local court asking me to respond to them and the bank regarding the stay.

 

From what I gather, I should inform both the court and the bank that I oppose the stay while I prepare a new particulars of claim. Can anyone please confirm this is the right thing to do??

 

Also, if this is the right thing to do, is there a template letter to the bank? And can i get a template regarding the new particulars of claim from anywhere. I really am clueless as to what to do with this and will start reading up appropriate literature. In the meantime, I need to reply to the court and bank by the 21st of this month (as stated above I received the court letter 10 days after it was written:-| go figure)

 

I'd really really appreciate any advice anyone can give me.

 

Thanks

 

T:)

[citizenB]

soz not been about and not in a very festive mood at the moment but heres what I sent the w**k**s, copy to DG and the county court

 

The Senior Manager

Service Quality Team

HSBC Bank Plc

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Dear Sirs

 

Account Number xxxxxxxxxxxxxxx

County Court Claim Number - xxxxxxxx

Date Issued: xxxxxxxx

 

 

I am in receipt of your letter dated 18th December 2009 which details your belief that the recent judgement by the Supreme Court in the OFT v you and seven others is an end to these matters, you are wrong.

 

Although the OFT effectively lost the “test case” the chief judge of the Supreme Court thought it important enough to say this ruling didn't stop people challenging fairness under 'Regulation 5' of the Unfair terms in Consumer Contracts Regulations, which the Supreme Court case did not cover.

 

In addition to this I believe section 140 of the Consumer Credit Act 1974, which again did not form any part of the “test case” also contains powerful arguments in relation to my claim against you.

 

I confirm following the judgement by the Supreme Court and in light of the above I am now amending the particulars of my claim and these will be submitted to the court shortly together with my request to have the stay set aside and our dispute listed for hearing.

 

I trust this clarifies the situation for you.

 

 

Yours faithfully

 

 

Ruined castle

 

 

cc your county court

 

 

 

cc DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

 

The letter above has been drafted by Castlebest for his claim against HSBC and in response to a similar letter from them regarding the charges claims.

 

You could adapt it to suit your particular requirements until such times as further inforamation is forthcoming from the groups and solicitors who are working on new POCs, etc.

 

HTH

[Dysexlic]

Oh you superstar! Thanks so much, you've just made a massive difference to my week....

 

I'll crack on straight away and post how I get on.

 

Thanks again

[The GodMother]

CB may i also say thanks as l have had a letter from LTSB about our charges saying they are not accepting our orignal complaint via there interal complaints procedure.

[citizenB]

 

You are very welcome both Although all credit should go to Castlebest for drafting the letter in the first place.

[Dysexlic]

In case anyone else needs this, this is the letter I sent in reply to my county court.. hope it's useful (and correct!)

 

 

Your Name

Your Adress

 

 

 

Your Count Court Name

And Address

 

Date

 

Dear Sir or Madam,

 

Claim number: (Your Claim No.)

(Your Name v Your Bank)

 

 

I am writing to inform the court that I strongly object to the proposed order of a stay due to the Office of Fair Trading test case for unauthorised overdraft charges, as per your letter dated (dd/mm/yy), in respect of the claim detailed above.

 

 

The court should note that although the test case was effectively lost by the OFT the chief judge of the Supreme Court thought it important enough to say this ruling didn’t stop people challenging fairness under ‘Regulation 5’ of the Unfair terms in Consumer Contracts Regulations, which the Supreme Court case did not cover.

 

In addition to this I believe section 140 of the Consumer Credit Act 1974, which again did not form part of the test case also contains powerful arguments in relation to my claim against the defendant.

 

Details of OFT claim – The OFT has initiated an investigation under Part 8 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Defendant Bank’s personal current account arrangements providing for charges to be imposed upon customers who seek to make payments for which they do not have available funds.

 

I will shortly prepare new particulars of claim and submit the N244 Application Notice regarding the above and I ask that the stay be lifted.

 

I look forward to a full response from the court to this letter in due course.

 

Yours faithfully,

 

(Your name)

 

Enc. Letter to Defendant’s Solicitor

Edited January 19, 2010 by Dysexlic