Arkanara v A&L

[arkanara]

Thank you all, you have no idea just what a relief it is to have such supportive people to rely on.

 

Thanks to you guys I shall hand in my Defence with a smile instead of a shaking hand, thats to both the court and the bank!!

 

I 'l keep you all posted.

 

Em.

x

[arkanara]

Hi all,

 

Defence and AQ submitted to Court on Friday.

 

When I arrived home I had received a letter from the solicitor dealing with the claim. Attached was a copy of the AQ they had submitted and it said they would look forward to receiving a copy of ours? I was aware I had to send them a copy of the defence but no where in my docs did it say I had to send them a copy of the AQ so I didn't. Will this go against us, have I made a big mistake?

[maroonfox5]

No don't worry .

You are not obliged to send a copy of your AQ to the defendent.

However you can send them one as a matter of goodwill.

 

Regards

 

MF5

[vonnie32]

Just popped in to say good luck, you've been fantasically brave and many other would have given up long before now, so glad you have stuck to your guns and are seeing this through to the bitter end.

 

Won't be long now and hopefully Cumberlands will get their knickers in a twist by the mere fact that you have stood up to their bullying and intimidation!

 

Well done

[arkanara]

Thanks guys, it is really scary and without the support of everyone here I would never have been able to stick it out this far.

 

I hope your right Vonnie, i'm also hoping they didn't intend for us to stand up to them.

 

Time will give us the answer!!

[maroonfox5]

Arkanara.

 

Just remember this ........... It's you taking them to court not the other way round.All you have to lose is your court fees and a bit of time,the rest i.e the money they have already had from you.

 

As I like to say "don't let the tail wag the dog"

 

The way some of these banks and mortgage lenders carry on they can make it feel that way

 

Regards

 

MF5

[arkanara]

Hi all,

 

Nothing really to report but I came across something while I was looking through their AQ which has made me think a little. They have listed dates they cannot attend court, quite a few actually. Their solicitor must have alot of time off! Listing these is something that makes me think that they do plan to take this seriously and maybe attend court! Would this be unusual for a bank to actually go through with it and attempt defending the claim?

 

Thanks as always in advance.

 

Em

[zootscoot]

It is unusual for the bank to take it all the way but you should always work on the assumption that it will go to court and make sure you prepare for court. The filling in of dates may well be a scare tactic, but ensure that you are ready should they decide to take it all the way. Cumberland BS is not a company that hasfeatured much on this site and its therefore difficult to gage their tactics. I'm aware of only one other who took legal advice after receiving the counter claim and was advised to abandon her case. So I would imagine they are expecting you to do the same. Its a matter of waiting to see who blinks first.

 

Stick to your guns and keep them on their toes.

 

All the best

 

Zoot

[MARTIN3030]

Yes true.Yorkshire bank are known to issue counter claims too.

Its not the first time we have seen them giving unavailable dates.....like Zoot says they know you will read into this on the assumption that they are giving thoughts to attending a hearing.

They could also be considering applying for a telephone hearing. using the excuse that its more convenient for them.......seen more frequently in particular with Citi as Zoot is quite aware of.

Whatever the reasons behind this you should,as has been said,be prepared for all eventualities.

[arkanara]

Thanks both,

 

I have been making myself familiar with the court bundle and when/if a court date is received I will begin to prepare it, just a shame this is in my partners name as he isn't as confident about all the info like us who are avid readers of this site. Homework lessons due I think!

 

I assume that the the person who decided to take legal advise was advised to drop the case as she was not guaranteed to win, as no one has really been to court yet or because they have no gain in helping?

 

Thanks for the help.

[zootscoot]

It was some time ago now and there was little knowledge on the site as to how to react to a counterclaim. Solicitors are not generally conversant or used to dealing with bank charge cases and it may well have been too much effort for them to take the case on, so the easiest advice for them to give would be to tell them to drop it. You can see the thread here:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/14020-my-banks-filed-counterclaim.html

[arkanara]

Thanks Zoot, as usual a great help and great advice.

[caro]

You could act as your partners lay representative if it ever came to court and he agrees to it.

[arkanara]

Thanks Caro... hopefully I won't ever have to but if it does come to that then i'm sure he would jump at the chance!!

[Bookworm]

Changed title to something a bit less eye-catching, I think your claim is well in hand and it will save every mod jumping in to see what the problem is every time a post comes in ;-)

[arkanara]

Hi all,

 

Nothing to report as yet, I've had no contact from the Cumberland or the court. Is this a usual waiting time for a court date? Just wondering if I should contact my local court to check progress.

[caro]

I submitted a MCOL on 21st June and haven't got a date yet, although other things have happened like a stay and huge backlogs at my local court. It won't hurt to phone the court to find out what's going on though.

[arkanara]

Finally I have something to report!!

 

Just spoke to the court and they've told me that a date has been set for a hearing, 2nd February. I take it my local courts are as snowed under as the rest! They said my partner should have a letter about it when we get home.

 

Court bundle to start then...

[arkanara]

It's official, finally received the letter. Hearing is set for 8th Feb, it said that mine would be heard back to back with other hearings. I assume this is no different from any other, I think i've read somewhere the same.

 

My court bundle has to be in by 12th Dec, doesn't give me much time to prepare it!

[zootscoot]

Hi Arkanara,

 

At least things are getting finalised. Have a look at Bookie's court bundle:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

If you need any help just shout.

 

All the best

 

Zoot

[arkanara]

Thanks zoot, appreciate it. I'l let you know how I'm getting on with it soon.

 

Em

[arkanara]

Update:

 

The Cumberland have sent their court bundle today. Its just copies of their terms and conditions, copy letters they sent when a charge had been applied, two refund charge letters when two of the applied charges had been refunded, banking code leaflets etc. Nothing which argues that there charges are not a disproportionate penalty.

[arkanara]

Hi, just finalising the court bundle today and I was just wondering if it is absolutly neccessary to include copies of the statements in each? Thats alot of copying if we do.

[arkanara]

Bundles handed in today, quite proud of them, especially in comparison to theirs! The only thing i've realised after handing them in is that I've page numbered the courts and my own but I didn't page number the banks. Is that ok?

[zootscoot]

I shouldn't worry too much about that unless they complain.

 

Hopefully should be sorted soon!