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lickthewallfatboy

Lickthewallfatboy v Northern Bank

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Hi Lickthewallfatboy

 

I have gone through the dispute part with First Trust. They filed a dispute on the morning of their deadline with the court. You will get a letter from the court in the next few days assigning a court date for the hearing. It will be well into September/October because of the summer recess in Northern Ireland. First Trust had to respond to the court by 6/7/06. I got a letter a couple of days later informing met that my court date is 26/9/06. It is also in Craigavon. Mine is not for DPA disclosure but for the fees. Tranfer to civil means you will get your date in Craigavon. If I can help in any other way give me a shout

Flo

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Don't want to confuse the issue, but here's a link to some Transfer info

 

PART 30 - TRANSFER

 

regards

 

Bru

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thanks Flojo!!

I suspected that they would file a defence,but that it would come on monday.Have First Trust been in touch with you since they lodged?I've been looking on some of the other sections eg Abbey,and it seems that they come in with an offer in the interim.Maybe we'll get the same here-although maybe the NI banks think they are immune from all this.....

 

How does it feel to be an NI trailblazer? ;)

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No nothing from First Trust or their solicitors. The last correspondence I recieved was from the Court. They probably think they have plenty of time as the court date isn't until the end of September. Ah well sure isn't the interest accumulating on a daily basis.

When the court write to you they will tell you that you have to submit all relevant papers 10 days before the hearing.

Anything I can help with just shout!!!

I'll keep you posted on anything I hear.

 

The big four here think they can do what they like and they are currently being investigated by the Competion Committee because of their high charges. The Consumer Council for NI in conjunction with Which? reported them to the Office of Fair Trading who in turn commissioned the Competition Committee to start the investigation.

They know they have that going on - so they won't like us fighting them through the Courts.

Keep the fight up - we will win in the end!!!!!

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Absolutely,

 

I think they may be trying to have the case heard in Belfast. Under Part 26 of the Civil Procedure Rules.

 

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

 

Fight this Tooth and nail, at least one defendant must be an individual for this to take place automatically.

 

In any case if you branch is in the Craigavon Area you can argue that Craigavon is the Defendants home couts

 

Hope this helps

 

regards

 

Bru

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this was discussed in a CITI thread,and the claimant was able to get CITI's attempt to transfer the hearing thrown out,as he was an individual and CITI were an organisation....I can't remember the exact thread.

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Woohoo,

The post are coming thick and fast on this thread today9 My inbox can hardly keep up).

 

It would be a good idea to try and find that thread. be prepared just in case..

 

It pays to keep at least one step ahead of the posse

 

Bru

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Just had a message left on my mobile from a senior area manager,which takes in my branch.I sent the branch a letter the other day after they had written one of those standard "please ensure you lodge enough funds to cover blah blah..."

 

anyway,I told them the current position that we are in,and this manager wnats to arrange a meeting with me and the better half to "get a better understanding of what we are looking for"??????

 

I'm not so stupid as to agree to this,but do you think they are rattled,or are they trying to set us up for the "hot teaspoon under the foreskin" treatment if we did agree to go in?

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I wouldn't agree to this meeting, unless the terms of the meeting are agreed in advance,

 

Indicate that you are willing to meet to discuss your ongoing dispute for unfair charges, but that, due to impending legal action, you are not prepared to discuss any other business until this matter is resolved.

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Good for you!!! Let them meet you in court.

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you have asked them to enter into frank and meaningful discussion about this matter, therefore your only reply should be in writing, letting them know that whilst you are willing to discuss the issues at hand, you would be far more comfortable doing this in a written format. to reject a meeting i think would do you no harm, but you must display a willingness to resolve this without court

 

 

hope this makes sense

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you have asked them to enter into frank and meaningful discussion about this matter, therefore your only reply should be in writing, letting them know that whilst you are willing to discuss the issues at hand, you would be far more comfortable doing this in a written format. to reject a meeting i think would do you no harm, but you must display a willingness to resolve this without court

 

 

hope this makes sense

 

understand where you're coming from Aid.....but I have been dealing with head office in Belfast.This lady (area manager)rings me up after I sent a letter to the branch and claims not to know what's going on???I have drawn 3 possible conclusions here-

 

a.Northern internal communication is rubbish if she genuinely hasn't a clue what all this is about.(HIGHLY UNLIKELY)

b.This woman thinks I'm stupid and can manipulate me to their way of thinking-if she is playing the "naive card",she is trying it on with the wrong guy-I'm much too long in the tooth for that.(HIGHLY PROBABLE)

c.I am being set up for a serious grilling session.(A SERIOUS POSSIBILITY)

 

Why would they want to use a minnion when the big decisions are made in Belfast.I want to talk to someone who has the authority then and there to settle this before going to court.I'm not interested in some kind of "shuttle diplomacy" arrangment.As this is in the hands of the court,I feel it is only right to conduct all communication in writing-then there can be no ambiguity or incorrect recollections of conversations which may or may not have taken place.....

 

I would be EXTREMELY wary of advising anyone to go down this route.Too many pitfalls for the unwary.

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The Area manager should be in a position to make decisions on refunding your account. Though I agree with you that is a bit suspect that she is unaware of what is going on.

 

Be careful though, big aid has a point, you must be able to show the court your willingness to mitigate.

 

Very simple, if you ask her has she the authority to deal with your complaint and rectify the situation. If she does, agree to discuss the complaint, and the complaint only.

 

If she doesn't , tell her you will discuss it with the organ grinder and not the monkey

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i couldn't agree more with your analysis of this

i pick option c-- you are being set up for a grilling

 

you still have to appear like the most reasonable, approachable, hard done by person for miles around.

what you think of them and what they think of you doesn't matter anymore, it's what a judge thinks of both of you

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Whilst I agree with BigAid on your need to appear approachable, I totally agree with you on your preferred method of...

 

As this is in the hands of the court,I feel it is only right to conduct all communication in writing-then there can be no ambiguity or incorrect recollections of conversations which may or may not have taken place.....

 

If you did meet with them and things go pear-shaped, you will obviously then revert to the court action. They, however, will have it to say that you broke of negotiations with them. FWIW, I think you should stick to the written avenue.

 

Best wishes

 

mori

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Good luck,

 

I'll make sure I'm free

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The court office has just sent us a copy of their notice of dispute-

 

they intend to dispute on these grounds

 

1.The charges are levied in accordance with contract and are charges previously advised to the applicant

 

2.the charges are not in breach of the unfair terms in consumer contracts regualtions 1999

 

comments please...... ;)

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Hi Lickthewallfatboy

 

The dispute is very similar to the one First Trust have lodged in my case:

 

'The claim is denied. The Respondent disputes the claim. The money claimed is not due and owing to the applicant and all fees and charges levied were done on foot of the terms and conditions which governed the aggreement between the applicant and the respondent'

 

I think they are just standard disputes. Let them argue in court that the charges are not contrary to the Unfair Terms in Consumer Contracts regs - I don't think they will have a leg to stand on.

 

I'm just sorry my court case is so far away - but then they say patience is a virtue.

 

Flo

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