Business Accounts ***WON***

[emmtay]

Hi, Lizzy, hope you hear this week then. Keep us posted!

Claiming against A&L for nearly 10k and Barclays with 2 closed accounts, business account nearly 12k and personal 2k!

Keep everything crossed for me!

Emmtay

[LizzyBee]

Couple of big one's there Emmtay (claims that is!!). I am of course expecting mine to go fast track due to the amount which means disclusure is mandatory so I really can't see them putting a defence in as they will have to tell how they made up these ridiculously high charges in the first place. Your two will probably go that route as well.

 

Will update as soon as I hear anything.

 

Lizzy

[LizzyBee]

Heard from the court today. They have until 7th March. BRING IT ON !!!!

 

 

Lizzy.

[emmtay]

Alliance & Leicester have sent me a cover letter with a copy of the Acknowledgement of Service that they have filed!!?

 

The Acknowledgement of Service says they intend to defend all of this claim!

 

Should I be worried; or is this normal?

 

Anyone had the same thing?

 

Emmtay

[LizzyBee]

Update.

 

Had Notice that Acknowledgement of Service Has Been Filed.

 

The Acknowledgement was filed by the Banks solicitors and they are indicating an intention to defend all of the claim.

 

Now preparing my Court Bundle.

 

Lizzy

[emmtay]

Hi Lizzy

 

So you're in same boat as me then!

Not had it from solicitors yet, filed by A&L!

Oh well.......here goes!

Emmtay

[caro]

Don't get too carried away with the bundle yet Lizzie. You don't need it until 2 weeks before the court date, and unless Warwick court has improved in the last month or so it will take about 6 weeks for them to look at your AQ and then it'll be ages until court. Chances are you won't ever need a bundle anyway, but still good to be prepared and understand the legislation.

[LizzyBee]

Received defence from Yorkshire today. Pretty standard I think, saying charges not unlawful and quoting terms and conditions etc. Only thing is they keep dropping in the sentence "which we will rely on in court". Anyone know if this is the norm.

[Guest Zooman]

yep, just the same old, delaying rubbish.

[caro]

Should be getting the AQ any day then Lizzie.

[LizzyBee]

Thanks Zoo/caro, just needed some reassurance. Will start reading and preparing AQ.

 

Lizzie

[MichaelHill]

have just started looking into a friends business accounts and was wondering if i needed to send the same initial letter with schedule as if it was your personal account. If not where do i find such a letter.

 

And can i still claim if account has been shut for a few years.

 

Thanks in advance

Mick

[LizzyBee]

Have now received AQ. Is there anything that can be added to the template in view of the Whistle Blower revelations.

 

Would appreciate any comments.

 

Lizzy

[zootscoot]

Hi Lizzie,

 

Use the draft order for Directions and also add a specific request for disclosure of CYNtheSYS.

 

All the best

 

Zoot

[LizzyBee]

Hi, Could someone please cast their eye over the Draft Order below and the attached AQ before I submit them. Thanx Lizzy

 

 

 

In the Warwick County Court

Claim Number XXXXXX

Between

XXXXXX – Claimant

And

Clydesdale Bank PLC T/A Yorkshire Bank

The Claimant wishes to point out that these were the orders given in the Mercantile court and would respectfully request that the judge grants these orders.

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Disclosure of CyntheSis

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order

AQ scan.pdf

[zootscoot]

On rflection you could add CYNthesys to part c) and dispense with e) so that c) reads as follows:

 

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was, including disclosure of CYNthesys, the Defendant's system utilised for costing individual transgressions of accounts;

[zootscoot]

Also fill in the costs section.

 

As its fast track then you are entitled to claim 9.25 per hour for the time you have spent preparing the claim.

[LizzyBee]

Thank You Zoot.

 

A couple of question's before I submit AQ.

 

Section H - Other Information.

 

Have you attached documents to this questionnaire. As I am attaching Draft Order I presume I should say yes.

 

Have you sent these documents to the other party. Again I presume yes as I will be sending it with the AQ.

 

If yes, when did they receive them. Is it ok to put 'Not Known' here?

 

Finally on the Mediation Scheme Reply Form what should I put as my reasons for refusing to mediate.

 

Regards

 

Lizzy

[caro]

I would wait for Zoot to reply before committing this to paper, but you have given them opportunity to resolve this and written asking them to enter a genuine dialogue (or words to that effect in prelim and LBA) and they have failed to do so. This court action is a last resort because of their failure in this respect.

[zootscoot]

Hi Lizzie,

 

A couple of question's before I submit AQ.

 

Section H - Other Information.

 

Have you attached documents to this questionnaire. As I am attaching Draft Order I presume I should say yes. Correct

Have you sent these documents to the other party. Again I presume yes as I will be sending it with the AQ. Correct

If yes, when did they receive them. Is it ok to put 'Not Known' here? If sent through the post the deemed date of receiving is two days after posting. So if you're posting today put 4.4.07

Finally on the Mediation Scheme Reply Form what should I put as my reasons for refusing to mediate. I'll get Gizzmo to take a look at this she's the expert in this area.

 

Hope this helps

 

Zoot

[gizmo111]

DYou will need to amend this to suit the business POC - but the arguments are basically the same.

ar Sir/Madam

I respectfully refuse the offer of mediation in this claim. My reasons for refusing to mediate are as follows

 

1. I have entered into meaningful dialogue with the defendant prior to issuing a court claim, but have received in response to my requests for further information template letters and standard leaflets from the defendant.

2. I am litigant in person and to meet the cost of mediation would put us at severe further financial hardship.

 

3. It will be settled out of court and therefore produce no useful decision from a higher court.

 

4. It is further submitted that the defendant in the instant case has no intention of going to a hearing.

 

5. It is submitted that the pattern of cases settled so far suggests very strongly that the banks and financial institutions are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate right.

6. It is submitted that the Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. There is no complicated issue of law. The common law relating to contractual penalties is settled law since the late 1800s and has been reinforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999 which itself is the result of a European directive.

 

7. It is submitted that this is abusive of the justice system and of the public resource.

 

8. As submitted above, mediation favours the bank by delaying the claimant’s pursuit of his legitimate remedy without placing any restriction upon the banks activities which the claimant submits are unlawful and/or retaliatory.

 

The OFT and their powers under the Unfair Terms in Consumer Contracts Regulations 1999

The Unfair Terms in Consumer Contracts Regulations 1999 gives the power to the Office of Fair Trading to seek injunctions to prevent the use of unfair terms in consumer contracts. More than that, the UTCCR specifically prevents the private citizen from pursuing this remedy on his own behalf.

 

It is not at all clear why the OFT has not now proceeded to seek injunctions in the face of the financial institutions refusals to comply. This is particularly serious when the Regulations have prevented the citizen from doing so.

 

It is submitted that an order for standard disclosure will assist greatly in bring these and other similar claims to a speedy and just conclusion.

 

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the Early Redemption Charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. I submit that these financial institutions do not act in good faith in relation to me or their other customers in the matter of penalty charges.

 

Yours faithfully

 

[zootscoot]

Thanks Gizzy

[LizzyBee]

Thank you Zoot/Gizzy/Caro.

 

Will revise AQ and submit today.

 

Many thanks again for your help.

 

 

Lizzy

[LizzyBee]

Update;

 

AQ & Draft Order delivered to court today. Copies sent to Kirstie Ross.

 

Waiting game now (again).

 

Lizzy

[caro]

That court is very busy at the moment I'm told Lizzy.