Hands2bfree v LloydsTSB

[hands2bfree]

i didnt have an order come through.

on my 'notice of acknowledgement service has been filed' the date was 5th April. once this expired i rang the court and they told me that the judge was hearing the case on the 27th June. i have had no correspondance whatsoever in writing with the court.

[GuidoT]

The courts do not have hearings (or in fact do much) without informing the parties in writing. The court date you were advised over the phone should be followed up with written directions / order.

 

If you do not receive something in the next few weeks, give the court a call. You need to see the order as it is likely to contain directions regarding documentation that you maybe required to submit.

[hands2bfree]

thanks guidoT, i rang the court and they said that the judge would be reviewing several cases all at once and take one case and make a ruling on the one case, that ruling then would set the precedant for the other cases, rather than having to go through all the cases individually.

i asked if i had to submit anything and they said that i didnt need too. and that i didnt need any written notice of the case.

[GuidoT]

Seems very unusual and unfair and odd.

 

I would not settle for this.

 

Each case could turn on its own merits. Take the Berwick case the judge found against him because essentially he did not produce as evidence a copy of the T&Cs, see here for further details:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/93886-joint-cag-mse-news.html

 

If, for example, someone produces a badly prepared claim then you could suffer as a consequence.

 

I reiterate that this is not right, it is in breach of the rules of natural justice, in particular that each party has a right to be heard, I would demand that the court confirm in writing what they intend to do.

[hands2bfree]

hi all long time no chat, mainly becuase i have been away on holiday but also pc playing up.

 

oh finally have something to add and need a bit of help and guidance here!!!

 

the court aparently sat down to look at my case and now have issued me a general form of judgement or order.

 

they are asking me to attend in court on sept 12th

 

i need help putting together the details and info for my court pack.

any help and guidance a miracle would be great.

[christinajanep]

hi in the templates library is the court bundle i think that is what u need i'll try and send u the link but not very sure on how to do it

[christinajanep]

nope sorry no luck havent got a clue how to show the link here, i'll keep trying

[hands2bfree]

thanks ill have a look myself i didnt think to look there

[sea-sidelady]

A few things to help.

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[GuidoT]

hi all long time no chat, mainly becuase i have been away on holiday but also pc playing up.

 

oh finally have something to add and need a bit of help and guidance here!!!

 

the court aparently sat down to look at my case and now have issued me a general form of judgement or order.

 

they are asking me to attend in court on sept 12th

 

i need help putting together the details and info for my court pack.

any help and guidance a miracle would be great.

 

Can you post up the exact wording of the order please so we can establish if it is a prelim or main hearing and the documentation you need to prepare.

[hands2bfree]

Sure Guidot,

It reads as follows:

-----------------------------------------------------------------------

Before the district Judge Dudley sitting at southend county court at tylers house, tylers avenue, southend on sea, essex ss1 2aw.

 

upon the courts own intiative

 

TAKE NOTICE that the Allocation and Case Management Conference will take place on 12th September 2007 at 11:30am

 

at Southend County COurt, Tylers House, Tylers Avenue, Southend on Sea, ESSEX SS1 2AW

 

to be heard before District Judge Dudley

 

When you should attend.

 

PLEASE NOTE: This case may be relased to another Judge, possibly at a different court.

 

Date Order Made: 27 JUNE 2007

Order Drawn: 3 July 2007

-----------------------------------------------------------------------

 

looking through my preperation i have got 2 concerns

 

1. I made a mistake on my initial sum of charges, which i plan to go to the court on Monday to readjust the sum if this is possible.

 

2. I will be on holiday during the date of the hearing, so i have written a letter asking for the case to be adjourned to the 10th October. again this will be handed in on Monday.

 

Let me know what you think Guidto and Sea-side lady.

all advice and help is warmly welcomed

 

Louis

[GuidoT]

That is not your main hearing, therefore no need for a bundle.

 

It is always best you turn up, but if you are going to be able to do so then best to make written representations (requesting the new strategy order) as the Got a Court Date link (previously posted in 41 and 59 above). Ensure that you advise the court you cannot turn up.

 

I would not ask for an adjournment, if it was the main hearing then I would, but not this hearing.

 

Do not worry about revising the schedule of charges for now. Unless it is for thousands.

[hands2bfree]

oh ok i didnt realise this was not the main hearing.

what will happen in this sort of hearing then?

ill pop in on monday to the court just to ask, as they said i would need to ask for adjournment. i would like to attend the hearing, but if its not crucial then fair enough i wouldnt want to delay the procedure.

 

i miscalculated by a couple of hundred in the tax area. whoops

 

thanks again for your invaluable help and quick response Guidto

 

 

the written representation; is that not the basic court bundle as those links take me (41 & 59) take me there?

i think im a bit confused, lack of expereince etc... or its too early for me to be awake this morning.

i guess im asking what the written representation would consist of?

 

thanks again and for bearing with my rambling

[hands2bfree]

bump

[hands2bfree]

just an update...

 

i have filed an adjournment as the date for my court appearance was 12th september and due to personnel reaons i cant attend. this was a cost of £35.00 and so i hope it all works out. still awaiting a reply from the court.

[hands2bfree]

updating....

letter from court 21st August stating a refund of adjournment due to high court case with OFT.

 

any idea how this case is going?

[hands2bfree]

hi all

 

i know its been a while since i have been on here.

 

was wondering if i heard correctly concerning that the stays on claims, of which i have 2 pending, would be let up by the 1st of february? is this correct or are most courts still waiting on a verdict still before proceding?

 

[GuidoT]

The hearing of the test is over, judgement is expected in around 4 - 8 weeks. The courts are unlikely to do anything until the outcome of that is known and then I have concerns that matters may well still continue to be stayed.

 

How you approach the stay position depends on the order that stayed your claim and what it specifically says. Can you post up the exact wording of the stay order, some say you must contact the court some do not, they also have different dates etc.

[hands2bfree]

with this particular claim the case was given a date of the allocation and case management conference, the date 12/07/07 clashed with my wedding so i filed an application to adjourn the case. while the paper work was going to and thro i recieved a letter from the court refundign my application to adjourn fee as it was no longer required.

 

i rang the court to ask why i recieved the refund and the clerk informed me of the stay and to ring back after January 2008. (I have yet to do this).

[GuidoT]

I would just sit tight until the test case judgement is handed down.

 

What we do after this judgement will be contingent on what it says.

[hands2bfree]

thats fair enough.

 

thanks for your help GuidoT

[hands2bfree]

I think like many others im confused now the stay has been lifted do i now send the following letter:

 

To: District Judge [name], [court] County Court.

 

Dear Sir/Madam

 

I refer to my claim number [number] for the refund of bank charges dated [date issued], which was stayed on [date stayed].

 

I understand that the Judicial Press Office has advised Claimants to write and request a lifting of their stayed claim.

 

As my claim for Bank Charges is brought under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999, and is therefore not affected by the recent Supreme Court Judgement, in fact the Supreme Court has indicated that a challenge to "fairness" of my Banking Contract under Regulation 5 may be an appropriate route to take.

 

I therefore request that the stay be lifted, that any necessary directions be given, and that a date be listed for a hearing of my claim.

 

Yours faithfully

 

and hope for the best ?