OMG!!! £10,332 and then some!!

[Armsoft]

The power of google:

 

ex parte London Borough of Hackney -v- Maureen Mullen [1996] EWCA Civ 76718 Oct 1996

CA

Housing, Litigation PracticeThe authority appealed a fine of £5,000 for a breach of an undertaking to carry out repairs to their tenant's property. They complained that there had been no evidence of previous breaches, and that the judge had been wrong to take account of other breaches. Held: The authority might have applied for an adjournment, anticipating the order to be made. It had not. The judge was exercising a proper discretion, was entitled to take account of other breaches, and also to use his own special knowledge of the respondent's behaviour in other cases. An affidavit from the authority that it had only broken one such order in the previous twelve months was not to the point.Link omitted

 

 

also

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/10581-dead-dawn-lloyds-tsb-5.html

 

post#90

 

Well done Charley:)

[itsamomentintime]

hey destinofsouls

 

read my thread

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/49228-can-banks-add-unlawful.html

 

its important to keep your nerve

 

my claim got nowhere near court

 

to be honest, i would love it if they tried to defend - but they never will

[Destinyofsouls]

Thanks everyone. Thank you Charley for the Mullen case. I tried to Google that but didn't get anywhere.

Stan, I do have to go to court on the 3 April! I rang the court on Monday and they told me to attend.

Haven't got a clue what to say

[Guest willowb]

Hi Destiny, follow Karne's directions and you Kan't go far wrong (sorry:D couldn't resist!) . Are the Court ok with you speaking for your hubbie? I may have missed that bit in your thread, sorry.

 

List everything you have got, understand, don't understand so far.......

 

Wxxx

[stan5131]

Destiny, Dont worry. Just follow the sound advice here. Which court is it? Just wondering if its far from me?

[Destinyofsouls]

Are the Court ok with you speaking for your hubbie? I may have missed that bit in your thread, sorry

 

Haven't asked them, do you think I should ring and ask?

Stan, Its in barrow in Furness Court Cumbria

[Guest willowb]

Yes you should make sure that you can act/speak on his behalf, he may need to sign something....I'm not sure but I would find out.

 

Is there anything else you are unsure of?

 

Wxxx

[Destinyofsouls]

Yes Willow

Whether I should have done this in the first place!!

I never expected to have to attend court for this hearing. I have tried to search for anyone else that has done this but cannot find anything.

I'm scared in case the bank turns up and ties me in knots!

[bill-k]

I recently did this, if it helps at all. The claim has been submitted, and we are awaiting the Notice of Issue. This is the email sequence we had:-

-----Original Message-----

From: Bill k

Sent: 08 March 2007 00:03

To: Halifax Cty, Court Mgr

Subject: Procedural Enquiry

 

Hello,

I am about to submit a Small Claim for refund of bank charges to the Court. The claimant is in fact my elderly Mother-in-Law, and she has asked me to act as her Lay Representative should attendance at a hearing be required.

Please would you let me know what I will have to do in order to obtain the court's permission to do this.

Many thanks in anticipation,

Bill-k

************************************************************

-----Original Message-----

From: Butt, Jaiza [mailto:[email protected]]

Sent: 12 March 2007 12:51

To: 'bill-k

Subject: RE: Procedural Enquiry

Dear Sir/Madam

 

 

When filing your claim for a small claim, you must apply to the Judge to act as a lay representative. The application must be in writing setting out reasons; this will then be placed before the Judge who will consider the matter.

 

 

J Butt

Section Manager

Halifax County Court

01422 344700

*********************************************************

-----Original Message-----

From: Bill-k

Sent: 12 March 2007 13:28

To: 'Butt, Jaiza'

Subject: RE: Procedural Enquiry

 

Attn: J Butt

Hello,

Thank you for your reply concerning my request to represent my Mother-in-Law in court. She has now submitted her claim, along with the letter copied below.

Can you tell me if this will suffice ?

Many thanks,

Bill-k.

The Court Manager

Halifax County Court

Prescott Street

Halifax

West Yorkshire

HX1 2JJ

Date: 09/03/2007

Claim for repayment of charges - XXXX Bank Account Number:

 

Dear Sir/Madam

Please find enclosed 3 copies of my N1 claim forms for the above claim. Also attached are 3 copies of my Detailed Particulars of Claim, and 3 copies of my Schedule of Claimed Charges.

I am a Pensioner, and have therefore also enclosed an EX160 Application for remission of Court fees. The Total amount box on the front of the N1's is therefore left empty, as I do not know how much if any - of the Court fee I will be paying. I trust this is correct.

Due to my age, and ill-health, my Son-in-Law, Mr Bill-k, has agreed to act as my Lay Representative in this matter, and I have his agreement to speak for me in Court, should this be necessary. Please would you be kind enough to assist us both in obtaining the Court's prior permission for him to do this, by letting me know what we have to do in order to obtain this permission.

Many thanks indeed for your kind attention.

Yours faithfully

Bill-k's Mum-in-law

Encl: Claim documents (3 sets of 3 sheets)

EX160 Fee remission application form (1 sheet).

***********************************************************

Mr K

 

 

 

The letter appears fine to me but if the Judge requires information, we will contact you.

 

 

[Guest willowb]

Bloomin' eck Bill your a bit of a whizz at the old copy and paste aintcha?:o

 

Destiny, you have seen this haven't you?

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

 

Wxxx

[Destinyofsouls]

Karne,

I just sent a letter in asking to represent him. He can't sign anything and get it back to me in time

Does he need to sign one?

[stan5131]

Destiny. Im in Yorkshire, so am miles away.

[Destinyofsouls]

Not to worry stan. Thanks for the thought

[Destinyofsouls]

Just an update on the 10K claim. No defence had been put in, so I rang the court today and they said that an application has been sent in to strike out the claim!! It was Ex Parte so I don't get to see it. It has gone to the judge and I will get a result by next Monday.

Anything like this happened before?

[Destinyofsouls]

OK Ex Parte means that it is an application made without notice or opportunity to oppose.

 

If I have cocked up- could it be struck out without me having the opportunity to correct the mistake?

 

I used all the guidelines from this site. The POC was this:

 

IN THE BURNLEY COUNTY COURT

 

 

BETWEEN

 

Destiny - CLAIMANT

 

And

 

Crabby Bank plc - DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant has an account, number xx, sort code xx, ("the Account") with the Defendant.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and;

iii) the common law and Case Law relating to liquidated damages and penalties in contracts.

 

c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

 

a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £xxx as per attached Schedule.

b) Court costs; £250.00

 

c) Interest pursuant to section 69 County Courts Act 1984 of £ xxxx

d) Interest pursuant to section 69 County Courts Act 1984 from the date of the claim until the date of judgement/settlement at a daily rate of £xx

STATEMENT OF TRUTH

 

I believe that the contents of these particulars of claim are true

 

 

Full name: ___________________________________________

 

 

 

SIGNED______________________________________________(Claimant)

Full Name ____________________________________________

Signed _______________________________________________ (Claimant)

Date __________________

[Destinyofsouls]

And............

 

I can't appy for a judgement until the judge has looked at this. The defence was supposed to be in by 12/4/07. Is this just another delaying tactic?

[stan5131]

I really dont think you have anything to worry about. Abbey filed a long threee page defence to my friends claim. It was the usual twoddle but long and drawn out.

 

I shouldnt worry about it. Should be good news on Monday.

[Mad Nick]

Destiny, all I can think of is that your claim must for CI not just the "normal" charges+O/D+8%. They really don't like CI - I can imagine them writing to the Judge saying it's unfair, disproportionate and unlawful. LOL. If it's not that, then your claim looks like thousands of others, so can't see the Judge taking much notice of them, and I would think you would get right of reply anyway (probably worth scanning the CPR CPR - Parts and Practice Directions to check out your rights in the process) Regards, Mad Nick

[Destinyofsouls]

Thanks Stan & Nick

 

I was worried as it wasn't the usual defence that I have read onm these boards. Usually they seem to ask for the claim struck out on the defence, but this is no defence, that hasn't been sent in yet.

[Lula]

As far as I can see, it is just an S69 interest claim, so not excessive, could be just another tactic in their ever dwindling resources for defence.

 

I think that a reasonable judge is obviously going to have heard about alot of these claims and is just as likely to award against you for them not submitting a defence in time.

 

Dont worry until you have something to worry about (easier said than done I know )

[Destinyofsouls]

BTW had a date for my OH claim for £1.5K. Hearing is on 21 may. The court has not asked for document relied on in court to be sent to each party though. Do I still send them?

[Lula]

what does the order say?

[Destinyofsouls]

TAKE NOTICE that the hearing will take place on 21 May @10.50am

at the County Court

When you should attend

10mins has been allowed for the hearing

 

Please Note; This case may be released to another Judge possibly at a different court.

 

That's it!

[Lula]

well thats to the point isnt it, Ring the court and see what they say, but I think that a skeleton argument might be of use, but i think that a cheque might well be dropping onto the doormat before too long

[Destinyofsouls]

but I think that a skeleton argument might be of use,

Sorry, what do you mean by that?

Do I have to Fibia to the Court?