judges requests

[stacymason]

You need to Pm bankfodder or another Mod regarding this, As far as I'm aware the Elliott vs LLoyds case has been settled in full.

[Guest BlueRuby]

I'm sure this case was settled out of court by Lloyds a couple of weeks ago. If you search on Mercantile Court I think it will come up!

[stacymason]

mods?

[Movingon]

No need for Mods this case was indeed settled in full by Lloyds prior to coming to court.

[stacymason]

but Johns had a stay put on his claim today?

[Donel261]

My heart sank there for a minute....

[Movingon]

but Johns had a stay put on his claim today?

 

Then the court should be advised that the reason for the stay is no longer valid as that case has been settled outside the court room. PM Bankfodder for further details.

[john]

Thanks for all the help.

 

Ironically, I have also recieved an offer today for about a half of my claim. But the solicitors are saying that I can only legally claim for 6 years from my moneyclaim date, ie: 11th May, and I have claimed for 6 years from my initial request letter to RBS, ie: 7th April.

 

Are they right about this, does anyone know?

[barracad]

The 6 years counts from the date you first contacted the bank.

[john]

Thanks Barracad. Will get a letter off kindly accepting their offer as an interim payment of the full amount!!!

 

Now just need date of settlement for Elliot-v-Lloyds TSB to write to the court to remove the stay.

[john]

thanks for the help bankfodder, all the documents are ready to post recorded delivery tomorrow morning, i could do with some help with the following questions on the n.244 application notice.

level of judge?

parties to be served?

state clearly what order you are seeking and attatch a draft?

why you are seeking the order?

 

i assume the material facts on which i rely are the points given to me by bankfodder to put in part c of the form.

[john]

thanks for the answers bankfodder i will get it all off tomorrow, will keep you informed

[Movingon]

???

 

If BF has spoken to you in private message, it's probably best to keep the conversation private; i.e. out of this thread.

[sleepz]

Any updates on any of these cases?

 

Certainly is an interesting read.

At the moment it's kinda like a cliff hanger in 24, or Lost!

 

ARGGHHHH, When's the next Episode on!

[fi.com81]

Yeah, I've been following this thread too. Like a real life drama! Keep us posted!

 

ps. Hope all is going to plan

 

fi x x

[john]

sorry for the length for any update..........

i spoke to the court two weeks ago and was told the application for the stay to be lifted was waiting for the judge to look and i will hear soon..

i spoke today and was told the stay is still on, even though they have cashed my 35.00 fee which was to remove the stay? (i only realised that one and will call again tomorrow). i am now waiting for the post to find what is in the letter, the only information the person i spoke to was that the judge wants more info from me and some more from the defendant, but they could not tell me any more but if it is not clear in the letter i will have to write to the judge and ask what he wants...

 

anyone have any ideas.

 

john

[john]

got a letter from the court today. can anyone tell me what file and serve means, and any suggestions for the wording of answers to sections 3,4+5 would be greatly appreciated.

 

Before DISTRICT JUDGE HILL sitting at Sheffield County Court, The Law Courts, 50 West Bar, Sheffield, S3 8PH.

 

Upon reading the Claimants application

 

IT IS ORDERED THAT

 

1. The Claimant shall file and serve by 4pm on the 24 August 2006 further particulars of claim specifying:-

 

i) The account name, number and sort code of the account or amounts to which the charges were applied.

ii) The date, amount and description of each charge

iii) The nature of the breach of contract in respect of which it is alleged the charges have been made.

iv) The contractural terms alleged to be unforceable

v) The matters relied on for basing the claim on S. 15 Supply of Goods and Services Act 1982.

 

2. The Defendant shall file and serve by the 7 September 2006 an amended defence.

[MARTIN3030]

Looks as tho the other side have said they have not been given details of your account.

 

A tactic used in the past by most of the banks.

 

[MARTIN3030]

Some details here of a recent reply to a similar request.

 

 

 

Dear Sir or Madam:

 

I acknowledge the receipt of the defence posted by Cobbetts on behalf of Royal Bank of Scotland (RBS).

In Cobbetts defence response, they requested further information under CPR Part 18. The guidance that I have received indicates that CPR Part 18 does not apply to the small claims track and is therefore irrelevant in this case. I am sure that Cobbetts are already aware of this and I can therefore only conclude that the inquiry was intended to intimidate. However I am aware that Part 27.2(f) applies subject to paragraph 3 of part 27.2 which states that the Court of its own initiative may order a party to provide further information if it considers that is appropriate to do so. In acknowledgment of this and in good faith as well as respect for the court I will provide the following information.

 

Enclosed is a full list of the breakdown of charges with my account details.

 

 

In respect of the relevant clauses and contract terms, I sent a letter to the defendant, Royal Bank of Scotland (RBS) several months ago asking for such relation of charges. Unfortunately they did not send a copy of the original terms and conditions. I have endeavoured to obtain them in multiple trips to RBS branches, but the best I have managed to retrieve from them is a leaflet about charges.

In respect of the charges detailed on the enclosed spreadsheet, the relevant statements of the said leaflet are as follows;

· Where just a date is given, this relates to

o Service charge £10

§ Monthly maintenance charge

· “If you borrow more than your agreed overdraft limit you will be liable for a maintenance charge applied monthly, 16 days after the end of the charging period (or the next business day if this is a Saturday, Sunday or Bank Holiday). The charging period is normally in line with the date that we send your statement to you.”

· Paid referral £30 per day

o “If we pay a debit drawn on your account which results in an unarranged overdraft, a daily referral charge is payable and will be applied monthly on the sixth business day of the following month.”

· Unpaid items £38 per item (previously £35)

o “Payable when a cheque, standing order or Direct Debit is not paid due to there being insufficient funds available on your account”

· Unauthorised transaction fees £35

o Card misuse

§ “Payable when we are forced to pay an item which has been supported by cheque guarantee or Maestro although there are insufficient funds available on your account”

· “When your account is overdrawn in excess of any agreed overdraft limit, a maintenance charge will also be applied.”

 

 

 

 

However as stated in my original claim and letters the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced. i.e. charges in relation to unauthorised Overdraft, Referral, Chq/DD/SO Unpaid and Default Notice etc are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I hope this clarifies the situation for you.

 

Yours sincerely,

[Guest willowb]

Hi John, Davefirewalker pointed me in the direction of your thread as I have just received a CPR part 18 and an allocation questionnaire, they put in a defence at the last hour with me also.

 

It certainly seems like a maze of letters and legal jargon that I am wondering how I'm going to get through it. There's been alot of great advice here and I'll copy and paste some of it on my thread also, as I'm walking the same road as you right now :>)

 

Good luck me dear!

 

Wx

[MARTIN3030]

Willow Cobbetts are sending the same to everyone so its pretty well sorted for addressing a reply to now !

 

[Guest willowb]

Your letter's fantastic Martin. I have just worded a similar letter but without this bit....ingenius! using their own information against them! I'll certainly be refering to it again!

 

In respect of the relevant clauses and contract terms, I sent a letter to the defendant, Royal Bank of Scotland (RBS) several months ago asking for such relation of charges. Unfortunately they did not send a copy of the original terms and conditions. I have endeavoured to obtain them in multiple trips to RBS branches, but the best I have managed to retrieve from them is a leaflet about charges.

In respect of the charges detailed on the enclosed spreadsheet, the relevant statements of the said leaflet are as follows;

· Where just a date is given, this relates to

o Service charge £10

§ Monthly maintenance charge

· “If you borrow more than your agreed overdraft limit you will be liable for a maintenance charge applied monthly, 16 days after the end of the charging period (or the next business day if this is a Saturday, Sunday or Bank Holiday). The charging period is normally in line with the date that we send your statement to you.”

· Paid referral £30 per day

o “If we pay a debit drawn on your account which results in an unarranged overdraft, a daily referral charge is payable and will be applied monthly on the sixth business day of the following month.”

· Unpaid items £38 per item (previously £35)

o “Payable when a cheque, standing order or Direct Debit is not paid due to there being insufficient funds available on your account”

· Unauthorised transaction fees £35

o Card misuse

§ “Payable when we are forced to pay an item which has been supported by cheque guarantee or Maestro although there are insufficient funds available on your account”

· “When your account is overdrawn in excess of any agreed overdraft limit, a maintenance charge will also be applied.”

Wx

 

 

[MARTIN3030]

Yep job sorted

 

 

[john]

thanks martin, i have already sent in this information to the court and to cobbetts, but i think the judge is asking for something more specific regarding the nature of the breach of contract, the contractural terms that are unenforcible, and specifics from section 15 supply of goods and sevices act 1982. Am searching site and web to try and get some info.

[MARTIN3030]

I know what you mean John.

 

It is here on the site somewhere.

I thought I had it in my docs but cannot see it.

 

This is an area many Judges have sought further clarification on recently.

 

I will come back to you on this........meantime if any other members have the references then please post it.