Lets get this Party started !!!

[Deller]

This just might be the moment you've been waiting for, everything crossed for you alf, I will be checking the outcome tomorrow!!

[bigmama59]

Let's hope so!!!

[alf]

OH MY GOD

 

its official, its in the cheque for the court claim over £3.5k and wait for it they have also paid refunded all charges for 2nd account straight into bank account, and wait, had letter for 3rd account from Stuart saying bear with me i shall be in touch within the week,

 

OH MY GOD, IVE WON

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

TO ALL I AM VERY HAPPY

[alf]

OH MY GOD

 

its official, its in the cheque for the court claim over £3.5k and wait for it they have also paid refunded all charges for 2nd account straight into bank account, and wait, had letter for 3rd account from Stuart saying bear with me i shall be in touch within the week,

 

OH MY GOD, IVE WON

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

TO ALL I AM VERY HAPPY

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[bigmama59]

CONGRATULATIONS!!!!!!

 

I am so pleased for you!! A good start to the new year

[alf]

had to send a letter to cobbetts asking for refund of bank charges, have not heard anything yet, this letter was posted 9/1/07 !! Well they had better pay up or i am, not signing the discontinuance form (haha).

 

Also sent letter for Stuart Higley to pay back minies on 3rd account , and if thats not paid by fri 19/07/07, i will mcol the buggers lol.

 

only time will tell.

[alf]

signed discontinuance 20/1/07, sent copy to cobblers & court - all done

 

waiting on reply from s higley regarding my account, if not heard anything by 5pm Monday 22/1, shall commence mcol - tues.

[alf]

Right thats it!¬!!

 

Will not be put off any longer by stuart sqigley, mcol has been done22/1/07, rec'd notice of issue already, cobblers have till 11th feb to reply - let battle commence haha:p

[bigmama59]

Which account is this for?

[alf]

right what it is is that i first put in a claim for OH for his 2 accounts ( 1 big & 1 small).

you could call his practise runs lol, now i am doing my account, so then i will have money of my own lol.

 

 

Oh Mama - keep up

[bigmama59]

:o Sorry! I knew that you had sorted some already but lost track!

[alf]

its ok i lose track myself sometimes lol

[alf]

Had acknowledgment through they now have till 28th Feb to put in defence, and can you believe Stuart Higley has just responded with a letter asking for a breakdown of charges - you having a laugh Stuart???

 

Shame its already at court stage, haha

[Deller]

Nothing new there then on Mr Higley's part

[alf]

i know i could say he needs a bomb up his **** lol

[Deller]

I was thinking more along the lines of a rocket.

[alf]

Ok had my defence back today, i have till9th March to send back relevant info. Any advice would be appreciated, ta

 

1. This defence is filed & serves without prej to the Def's case that the POC do not disclose reasonable grounds for bringing a claim against the the claimant to recover the bacnk charges (& int) referred to in the POC or any other sum. In the event that the Claim is not properly particularised then the Defendant will aply to strike out and or for summary judgement in respect of the same.

 

2. Withour prejudice to the non-asmision set out in the foregoing paragraph. if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimants bank account, insopfar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this respect of the claim and/or for summary judgement.

 

3. No admissions are made as to what charges have been debited to the cliamants bank account.

 

4. The Claimant refers under paragraph 3 of the POC to having provided the Defendant with a copy of the list of charges. The Defendant has not yet rec'd a copy of this list. The claimant is therefore put to strick proof of each and every charge the subject of the claim amd must identify in respect of each charge (a) the date the same was debited,(b) the amount of the same and ©description applied to the charge.

 

5. In relation to the allegation that the contrcatual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfai Contract Terms Act 1977 and'or the Unfair Contract Terms in Consumer Regulations 1999 and/or common law, the Claimant is required to identify;

 

5.1 (a)the section of The Unfair Contract Terms Act 1977(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 and © the principles of common law relied upon by the Claimant in alleging that the contractual provisions reffered to are unenforceable, and

 

5.2 the contractual provisions that the Claimant allege are invalled by reference to UCTA 1977 and or the Regulations.

 

Untill such time as these sections/regulations/provisions are identified the Defendant cannot plead to the allegation reffers to in paragraph 5 above. The Defendant there reserves the right to plead futher to the allegation once the Claimant identifies the relevant contractual information.

 

6. Inrelation to the case of the Claimant that the charges must be reasonable within the meaning of section 15 of the Supply of Goods & Services Act 1982 the Defendant pleads as follows.

 

6.1 The Claimant ir required to pleade and prove the necessary factors concerning the contract between the Claimant & the Defendant which mean that pursuant to SGSA section 15 there is an implied term that the Claimant pay a reasonable charge for the service under the contract.

 

6.2 Futher, the Claimant is required to plead & prove (a) that the bank chargeswhich have been debited are unreasonable; (b) all facts and matters which relied upon by the Claimant in support of this case and © what charges would have been reasonable.

 

6.3 In the circumstances no grounds are disclosed for a claim that the Defendant has acted in breach of SGCA section 15

 

6.3 In the circumstances the Defendant is unable to pleade to this allegation beyond denying that it has acted in breach of SGCA section 15 as alleged or at all. The Defendant reserves its right to plead further to this allegation once the defects in the pleaded xase referred to in paragraphs 6. 1-6.3 above are addressed.

 

6.5 It is the case of the Defendant that the contract between the Claimant and The Defendant does not fall within SGCA section 15 because (a) the consideration for the services would be determined by the contract between the Claimant and the Defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course od dealings between theClaimant and the Defendant.

 

7. The Claimants claim for costs not bieng sufficiently particularised, the Defendant is unable to plead and reserves the right to plead under futher particulare.

 

8. To assist the Claimant with the proper partucularisation of the claim, the Defendant serves with this Defence a request made pursuant to CPR Part 18. If the Claimant fails to provide the particulare requested in the time stipulated and/or the defects with the claim remain then the Defendant will apply to the court for an order striking out the claim.

 

9. Pending the proper particularisation of the claim the Defendant is unable to pleade to the Claimants claim beyond at this stage denying that the Defendant is liable to the Claimant as alleged in the Claim or at all. The Defendant reserves its right to amend this Defence to pleade futher to the Claimants claim once or if the Claimant properly particularises the same.

 

 

Well there you go , its like War & Peace, but i think i understand that they are asking for my schedules of charges(again) when i have already sent this to them, and they also want all the jargon regarding all the UCTA Act 1977/UCTA Act 1999/ and the relevant info stating its unenforceable at Common law.

 

Also asks for CPR 18 -do i have to do this as this is small claim

????

 

All help would be really be appreciated on this, its a bit longer than my previous claim.

 

Thanks

[alf]

Its all good!!!

Do not panic, all typed up and in envelopes ready to go back to Cobbetts, envelope includes:

1 schedule of charges

1 print out of UCTA1977

1 print out of UTCC 1999

 

 

as requested in their defence, becos as we all know they will try anything you put us off :p :p :p hahahahahaha

[alf]

Ok all posted, rec'd AQ aswell now , so that's all filled in ready to go, doesn't have to be returned till 17th March.

[alf]

right thats it AQ has gone in the post with chq for 100 squid, copy sent to cobblers and one sent to court......fingers crossed

[hedgey06]

Good luck!

[alf]

thanks mate

[alf]

Right rec'd a copy of Cobbetss AQ they have No other info !!! Good one!!!

 

Just waiting now for a court date, might get am offer in a few days for 1/2 thats usually what happens , so watch this space lol

 

xx

[alf]

Yes as expected court date has arrived - 23rd May - not long now!!