Rogers v A & L

[j.barton1]

Hi Tim, I sent this....feel free to use it if you want to. Its what i sent as a responce to their defence.

Jenny

 

Dear J McGuirk.

 

Thank you for your letter of the xx March 2007.

 

With reference to the charges made to my account, I would be grateful if you would request from the Defendants a full breakdown to include any work or actions carried out by them, and any costs incurred which resulted in their having to make such charges to my account.

 

Where they are reluctant or unable to provide this information, please request details of the charging rate they referenced when they applied these charges.

 

I do not believe that the charges made to my account represent a true reflection of the actual costs incurred by the Defendants and therefore represent unlawful penalties, which are irrecoverable at Common Law. I would request the repayment of all charges made plus interest at the statutory rate of 8% from the time the charges were made.

 

I refer you to S32(1)(b) and © of the Limitation Act 1980.

 

S32(1)(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

 

On April 6th 2006, the Office of Fair Trading made a statement outlining what they considered was the maximum amount of costs incurred by the Banks when making such charges.

 

As a result of media coverage given to several actions made for the recovery of what are now regarded as penalties, I discovered that I had been wronged. The Limitation period therefore runs for six years from the date of discovery, which was after the statement made by the Office of Fair Trading.

 

The Defendants have failed or refused to provide information requested of them, and I would be grateful if this information could now be requested under disclosure rules.

 

Yours sincerely

[falcons247]

Thanks for that - i sent a letter to Wragge & Co to that effect yesterday.

 

Anyone know the process on what will happen now?

 

Thanks

 

Tim

[j.barton1]

Hi, They'll probably send a letter back saying your claim will fail...you dont know what your on about blahblahblah.....then maybe a chq....we'll see.

[falcons247]

I have received a letter from Northampton County Court saying they have transferred the case to my local court and enclosing a copy of the defence from Wragge & Co - they also mention something about an allocation questionnaire?

 

is this standard procedure? do i need to respond in anyway?

 

What happens next?

 

Thanks for your help

[MimiJane]

I have received a letter from Northampton County Court saying they have transferred the case to my local court and enclosing a copy of the defence from Wragge & Co - they also mention something about an allocation questionnaire?

 

is this standard procedure? do i need to respond in anyway?

 

What happens next?

 

Thanks for your help

 

Yep, this is standard procedure. Has the AQ been dispensed with? If so, ring the court to find out if you have a fee to pay (you shouldn't have to as your claim is for under £1500). Ring them either way to enquire what the situation is and to make contact.

[j.barton1]

Hi, If the AQ has'nt been dispensed with you'll have to fill one out, If you have adobe reader..you can pm me your email address and i'll send you one

Jenny

[falcons247]

Hello,

 

I called the Bristol County Court today who confirmed that the case has been transferred to them. They said that i should hear shortly with regards to what will happen next & at the moment i dont need to fill out an allocation questionnaire until i am sent one.

 

Watch this space...

 

Tim

[falcons247]

Hi All,

 

I received a letter from the Court confirming the court date for 3rd August.

 

I called the court who confirmed i did not need to do anything at the moment.

 

Has anyone else received a court date too?

 

Is it A & L's intention to wait until the very last minute before the court date, to pay out?

 

Regards,

 

Tim

[MimiJane]

Hi All,

 

I received a letter from the Court confirming the court date for 3rd August.

 

I called the court who confirmed i did not need to do anything at the moment.

 

Has anyone else received a court date too?

 

Is it A & L's intention to wait until the very last minute before the court date, to pay out?

 

Regards,

 

Tim

 

If you have a look through some of the threads, a lot of us have had court dates and are in the process of getting the "court bundle" together (just sent mine). Yes, A&L let it run for as long as they can.

[falcons247]

Is the court bundle all correspondence between all parties, received and sent?

[Webbo1981]

Hello,

 

I called the Bristol County Court today who confirmed that the case has been transferred to them. They said that i should hear shortly with regards to what will happen next & at the moment i dont need to fill out an allocation questionnaire until i am sent one.

 

Watch this space...

 

Tim

 

Same stage as well mate.....I wait to see what happens next, or should I reply with some kind of letter?

[MimiJane]

Is the court bundle all correspondence between all parties, received and sent?

 

This is part of it. The actual "bundle" contains all the legal documents you might need :-

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

You will need to submit whatever your local judge asks for, i.e. a Statement of Evidence/Witness Statements, etc. :-

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224

 

The "bundle" is back-up to your statement (if you're asked for one), but is only basic ... you may wish to add other documents found in the CAG library for instance.

 

Also, you'll need to include your charges schedule and statements with charges highlighted (only the ones with charges on).

 

Have a look around, but don't start printing anything off yet .... some people are not being asked to produce a bundle, so you may not need to and you've got a fair while to go before you're asked for anything.

 

Mimi

[falcons247]

Hi all,

 

my court date is rapidly approaching (August 3rd) - i havent been asked to send anything in yet by the court. However as everything needs to be sent to the court 14 days before the hearing, i assume i should sent documents in now.

 

can anyone tell me what i shold do? - i will shortly be sending off my up to date schedule of charges, together with highlighted statements. what else do i need to send?

 

if anyone is in the same position, i would be grateful to hear from you.

 

regards,

 

Tim

[j.barton1]

Hi, This is a full hearing is'nt it not just for directions? For the full hearing you'll need a court bundle, there is a link on this thread a few posts before. You'll also need copies of statements and all correspondance.

If you pm me your email i can send you all what i've got to have a look through.

Good luck, we are all waiting for A&L to move on,

 

Jenny x

[MimiJane]

Hi all,

 

my court date is rapidly approaching (August 3rd) - i havent been asked to send anything in yet by the court. However as everything needs to be sent to the court 14 days before the hearing, i assume i should sent documents in now.

 

can anyone tell me what i shold do? - i will shortly be sending off my up to date schedule of charges, together with highlighted statements. what else do i need to send?

 

if anyone is in the same position, i would be grateful to hear from you.

 

regards,

 

Tim

 

Hi Tim,

 

Have you been asked for your charges schedule and statements by the judge? I'd be careful about what you send in ... you don't want to send in a huge bundle is only asked for a couple of documents and no "back-up" legal papers.

 

If you've not had an "Order" (directions) from the court, I'd give them a ring to find out what they need (if anything). Some folks now are being asked for very little as the judges are realising more and more than the banks are backing down and settling before court and it's just wasting the court's time.

 

Of course, you may need a "full" bundle, but they normally advise you well in advance, so I'd definitely give them a call to get it right.