HPH2/Cohen claimform - old Abbey OD from 1992

[RMS]

About to fill in the N180. Just the two questions. Obviously I want local court, do I just list it, or are reasons needed why it should be local to me?

 

Mediation. I can't see any point in this, unless I wanted to admit liability to part of the debt and pay it. This isn't counted against you if you tick 'no'.

[AndyOrch]

Responding to your PM RMS

 

Obviously from the points you have raised and the points above you rarely look at other threads on how to follow the system on defending...this is quite worrying when we are trying to advise you on how to attain a successful out come.This is a self help forum...all the answers are already in the surrounding threads and in the Legal Success forum.

 

Its always the local court of the Litigant defendant....state your local court.

Mediation...all parties are expected to participate in mediation...its not an admittance...its to try to narrow any differences and in the cases here a reason for the claimant to come to a mutual settlement.Any party that declines can have sanctions imposed...particularly with regards to costs awards.

 

Regards

 

Andy

[RMS]

Obviously from the points you have raised and the points above you rarely look at other threads on how to follow the system on defending...this is quite worrying

 

This is a self help forum...all the answers are already in the surrounding threads and in the Legal Success forum.

 

Its always the local court of the Litigant defendant....state your local court.

Mediation...all parties are expected to participate in mediation...its not an admittance...its to try to narrow any differences and in the cases here a reason for the claimant to come to a mutual settlement.Any party that declines can have sanctions imposed...particularly with regards to costs awards.

 

Well, in reverse order, thanks for the help regarding mediation, there is little info on it and I had not seen the downsides written anywhere else, hence my question.

 

I realise that this is a self help forum, and guidance is all I seek, I don't expect someone to come and defend it for me, again, hence the questions, because I feel that there are holes and I need to fill them. You are quite wrong about me reading the threads, I have been through them several times - I know you can check this, ignore the ones about credit cards, as I am looking at them with regards to my Vanquis thread.

 

Looking through the success threads it is, 90% Credit card or loan, so ignore them as it is different to current account, no credit agreement. 5% Statute Barred, ignore them, my case is not SB, can't use that defence. 5% claimant has issued discontinuance at a late stage, that might apply to me, but it is not a wise strategy to rely on it, in case they don't.

 

That leaves me with precisely nothing. I am looking for current account overdraft defences in court, where it isn't SB and the claimant hasn't given up. I'm struggling to find people talking about their day in court, what they presented, what the claimant said and how it all panned out. I may have missed one, where the title was not very descriptive, but when you're going back to 2011, looking for cases that match yours/or at least have some bearing on it, you have to plough on through.

 

Show me the ones I've missed and I'll get reading on them, but I can't find them and not for want of trying.

 

Anyway, the questionnaire has gone back, with agree to small claims, my local court and yes to mediation. To day was the deadline and I haven't received a copy from the solicitors, which if they met the court deadline, I should have received their copy.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

which is a sticky at the top of this forum..

 

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+bank+account+od&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20bank%20account%20od&gsc.page=1

[AndyOrch]

Most of the Current Account claims dont get past Allocation stage (DQ) in all honesty....they are either stayed or discontinued.I was mainly referring to the completion of the DQ

[RMS]

Info only, no reply required.

 

Thanks DX100UK, that mediations info was useful, especially the bit, on when the mediator will try to put you on the back foot with their opening gambit, and how to be prepared and respond.

 

The Google link was just the usual stuff, credit cards/loans, SB or case stayed, not much about on actually going head to head in court.

 

I received their copy questionnaire through the post today, and just for info, the envelope is marked CohenCramer. So a name change looks in the offing.

[RMS]

Right, just had a missed call, mediator ringing to set a date. Any pointers on what I should be saying.

 

Original account and overdraft opened in the early '90s. The amount bears no relation to the original amount, inflation seems to have pushed it to five times what it should be. CPR request, plus reminder follow up letter sent, both not replied to.

[AndyOrch]

Dont say much....as long as you participate....they brought the claim...let them mediate.

[RMS]

Just rang Northampton back. Because I'm defending the whole claim, she doesn't think it will be suitable for mediation. So, it is off to the judge, see what he thinks, and then he will direct it from there. I double checked, but basically, judge to have a read, send back to mediation *if* he thinks that would be right, or ask both parties to submit their final defence.

 

We appear to be entering the end game. As an ex semi-pro ice hockey player, I will say, it is face off time.

[RMS]

Nothing back from the court, but checking my credit file yesterday, it would appear that the **** have added the court cost to the debt (still waiting to go to court). Are they allowed to do that?

[AndyOrch]

If they wish...but they have to succeed in their claim to get it:wink:

[RMS]

I had a letter at the weekend Hoist, don't think I've ever had one before, like this.

 

A copy of my latest statement, for info only, and if I'm keeping up payments, nothing to worry about. Illegible signature from the customer contact manager. Funny that, don't ever remember becoming a customer of theirs.

 

Second page, statement of account. Don't remember ever opening an account with them either.

 

I see where they have got the new figure from (see my previous post).

 

 

A legal charge - summons issue, oh really,

it is actually the solicitor's fee you are trying to claim.

 

 

Two lots of interest charges, probably from the court document paperwork.

 

 

Court fee - summons issue, yep the court fee for bringing the case.

 

 

And whatever this is, legal charge - judgement.

 

 

Funny that, having filled the DQ,

we're waiting for the judges instructions and a court date,

not quite sure how they think they have a judgement.

[dx100uk]

simply a letter that the owner of a debt must send better than every 12mts under the new FCA rules

a statement of account.

 

 

dx

[AndyOrch]

See post #78 in the following...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304042-HPH2-Claimform-Old-2009-Santander-Overdraft-debt/page4

 

Andy

[panther12]

we're waiting for the judges instructions and a court date

The next stage is normally a Notice of Allocation from your local court which will give a hearing date and directions to submit all documents to be relied on at the hearing, filed & served 14 days before the hearing. I'd be using the time preparing a witness statement.

[RMS]

The next stage is normally a Notice of Allocation from your local court which will give a hearing date and directions to submit all documents to be relied on at the hearing, filed & served 14 days before the hearing. I'd be using the time preparing a witness statement.

 

Thank you for the heads up, I'll start working on it, after I've read some of the threads to refresh my mind on them.

[RMS]

can I ask for a little bit of help please.

I realise this is a self help forum that offers guidance, not actually completes your defence for you.

 

My court case is due later this month and the witness statements have to be in this week.

Most of the time I am competent to do these type of tasks.

However, I had a massive stroke last year and spent two months in hospital,

and sometimes things seem a lot more difficult than they should be.

 

I am looking for a little help with my witness statement.

Other than me entering my defence by MCOL and sending off a CPR31.14 to their solicitor (no reply),

I'm not really sure what I should be putting in my witness statement, I don't really have a lot to add.

 

 

Please don't ask me to read other threads, I have done that and if I had understood it, I wouldn't be asking for help now.

 

Please give me some pointers on what I should be entering in my witness statement, over and above my defence statement and CPR31.14 request.

 

Many thanks

[AndyOrch]

Example in the following thread..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?451755-Lowell-Carter-clamform-no-info-on-the-debt-up-to-the-witness-statement-stage-.-please-help!(3-Viewing)-nbsp

 

But it must be in support of your defence...fortunately the above is for an overdraft:wink:

 

Andy

[RMS]

Thanks for your help Andy, obviously changed it to suit my case and the fact that I have no witness statement from the claimant/solicitor, even though it is just under two weeks to the court date.

 

I will of course keep people informed as to what happens and the outcome. It already feels like a long journey.

[RMS]

Okay two things.

 

 

The claimant has replied with their statement, and they have a few copies of things going back to the '80s.

So I will need to detail them and see what the forum thinks,

I'll do that when I'm sober tomorrow.

 

I found out today that my father died yesterday (it was on the cards),

and whilst I wasn't particularly close to him ,my mum will need support and help with the arrangements and paperwork.

 

 

Will I be able to contact the court and put the case back four weeks (roughly),

and if so, what paper confirmation will they need like a 'death certificate'.

 

 

The case is one week away and I will have to act quickly.

[AndyOrch]

Our sincere condolences RMS.

 

Ring the court tomorrow and inform them....ask is it possible to adjourn under the circumstances...you may have to get the claimants consent also.

 

Again sorry for your loss.

 

Regards

 

Andy

[RMS]

Well, the court was its usual helpful self,

they don't take phone calls,

and only operate 2:00pm to 4:00pm to see them at the court counter.

Because of my stroke last year, I don't drive, so couldn't get there until the Thursday,

 

 

Friday came and went, no reply, so I guessed what the answer was.

 

 

The only good news was, my brother stepped into the breach and is taking of all the funeral, death certificate

and all other associated paperwork and jobs that come with somebody dying.

 

The bad news is the witness statement turned up from the claimant,

so it looks like it is proceeding to court,

which is this week (not tomorrow).

 

 

some guidance on what I should say and which way you think it will go.

 

 

They have sent, a copy of my original current account (double page A4).

No date or signature on it from me.

Photocopies of the standard terms and condition for a current account

. A4 copy of an increased overdraft form (not my original form), some years later.

This is signed and dated.

 

Then a computer printout (not an actual statement) of several pages of transactions.

Then a single history page data, that looks like it was printed from a mainframe.

 

 

A copy of a page from the said bank with a letter of assignment in Dec 14.

A letter (I can't find it at the moment, saying about all the unfair charges,

that they were listed in the bank's paperwork and are therefore due.

[shamrocker]

You mention earlier in this thread that "they called it in in May 2009" - what did you mean by "called in"?

 

Would it be possible for you to scan or photograph and then post up a copy of their WS

and also the page containing the most recent transactions that took place on the account?

 

 

Obviously you'll need to remove any personal or identifiable information before posting.

[RMS]

You mention earlier in this thread that "they called it in in May 2009" - what did you mean by "called in"?

 

Would it be possible for you to scan or photograph and then post up a copy of their WS and also the page containing the most recent transactions that took place on the account? Obviously you'll need to remove any personal or identifiable information before posting.

 

They called in,

almost all overdrafts,

telling the customer that the overdraft was being withdrawn, regardless,

or whether the account was being managed and within limit or not.

 

 

There was supposed to be notification, but the same happened with my wife.

My wife was able to negotiate hers 's back to half what it was,

but I was left overdrawn in a now unauthorised position.

 

I'll try to get a copy posted up tomorrow of the relevant pages of their WS.

[shamrocker]

They called in, almost all overdrafts, basically telling the customer that the overdraft was being withdrawn, regardless, or whether the account was being managed and within limit or not. There was supposed to be notification, but the same happened with my wife. My wife was able to negotiate hers 's back to half what it was, but I was left overdrawn in a now unauthorised position.

 

I'll try to get a copy posted up tomorrow of the relevant pages of their WS.

 

Thanks - had you been active in using the account up until the time they called it in? Had you gone over the authorised limit at all?