UKMP3 V Cahoot (7QZ31652)

[ukmp3]

Good news (for me) as it looks like my persistence paid off. I got my "Notice of Allocation to the Small Claims Track (Hearing)" today - set for 14:00 on the 14 August 2007 at my local County Court.

 

There is also a long list of "directions" attached saying:

 

Upon reading the documents filed and of the court's own motion It is ordered that:

 

1. Allocation Questionnaires are dispensed with: this claim is allocated to the Small Claims Track.

 

2. The Claimant shall by 15-Jun-07 file and serve:

 

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

 

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

 

© A statement of the Claimant's own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

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

 

3, The Defendant shall by 13-JuI-07 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 contractual document relied upon; 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;

 

© 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 to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is 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.

 

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

 

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the Court and the opposing party, List for hearing next available date after 10-Aug-07, time estimate 1 hour, reserved to District Judge Atkinson

 

6. This Order has been made by the court of its own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

 

 

District Judge Atkinson

April 25, 2007

 

 

Can some one clarify that I need to send to the Court ONLY (by the 15 June 2007):

 

1. The schedule of charges (already sent) with the reason amended to them stating why I believe I have been charged (e.g. Over Limit, Paid DD ect)

 

2. The full S.A.R - (Subject Access Request) report Cahoot sent through with all charges shown

 

3. The statement - I have no idea of what to put in this - any pointers?

 

Can I also ask the court to award me damages for the time, cost and effort involved in compiling this and all the other information on the bases that the bank probably wont show to defend as directed by a Judge recently in London - deemed the bank to be wasting the courts time with no intention of defending the claim?

 

Thanks

[ukmp3]

any advice on the above ?

[ukmp3]

any one ?

[caro]

Just reading through, your thread and any new charges cannot be added to your claim as that would be and amendment to it, for which you would need to pay.

 

I'm hunting out statements of evidence to guide you, and when you have finished your claim you could use the wasted costs order . Looks like you have a good judge from your order. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[MarkyT]

I just noticed there that you are in court exactly the same time as me. Good luck for then.

[ukmp3]

Same Judge ?

 

Which bank you going after?

[MarkyT]

Different Judge - at Newcastle County Court - going after cahoot/abbey.

[ukmp3]

Can anyone help me with what:

 

A statement of the Claimant's own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

should look/read like please.

 

 

[ukmp3]

I need to do this today - any help please

 

Can anyone help me with what:

 

A statement of the Claimant's own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

should look/read like please.

[papaparkin]

For my statement of evidence i 'borrowed' post 55 from this thread and just changed the details and removed a couple of points that weren't relevant.

 

New strategy for Allocation Questionnaires

 

Hope this helps and good luck!

[ukmp3]

Thanks for that - it's great help indeeed.

 

Did you include all of these:

 

Documents attached in support of this statement

• Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

• Office of Fair Trading report, April 2006
  
• House of commons early day motion, May 2006
  
• Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day
  
• BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission
  
• Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT
  
• Transcript of telephone communication with Lloyds TSB 'personal banking' department.
  
• Data Protection Act Subject Access Request for evidence of manual intervention

If so, from where di yo find them (office of fair trading etc)

 

Thanks

[papaparkin]

Probably a bit late, but I included the following:

 

Office of Fair Trading report, April 2006 - http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf only the executive report needs to be included (as it is a long old document), but have a read through of the rest just to get a good idea of the content

 

House of commons early day motion, May 2006 - EDMDetails

 

Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day - Luckily I had kept a couple of these when they sent them through. But if you haven't got them I would just remove reference to the letters.

 

BBC commission conclusion - FOr my life I can't find the document that I printed out, and I have scoured the internet for it for the past hour. If you can wait I can get the link from my home computer, but that won't be until this evening.

 

Australian Default charges report, Nicole Rich - http://www.consumeraction.org.au/downloads/DL56.pdf again I just included the summary pages but do read through, to get a jist of it. The findings won't really apply to UK law as far as I can see but could be used to generalise about banks, as they would use the same sort of software etc.

 

I left out the following

 

Transcript of telephone communication with Lloyds TSB 'personal banking' department.

Data Protection Act Subject Access Request for evidence of manual intervention

Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc

Hope this helps

[ukmp3]

Thats great - my deadline is today and so I was just going off to the court - I have included the extra bits.

 

Thanks you very much

[ukmp3]

I take it I need to send Cahoot a copt of what I filed with the court today?

[papaparkin]

Yep Cahoot will need a copy as well, I imagine you haven't received anything (apart from their defence) from cahoot yet? I'm still waiting on any contact at all from the other parties .... i'm due in Court on 27th June. Here's hoping!

[ukmp3]

Letter from Abbey dated 27 June 2007 saying that:

 

"In view of the cost to Abbey National PLC of preparing its defense and arranging representation and without admission of any liability, Abbey National PLC has determined, in this instance, to settle your claim in fill. Payment is in full and final settlement of your claim. Payment is calculated as follows:

 

1 £625 charges claimed

2 £147.98 interest claimed

3 £14.71 interest at 8% from 12 March 2007

4 £80 Court fee

 

Abbey is raising a cheque fro the sum of £867.69 that will be paid in to your account (if open) or posted to you. We will now inform the court that Abbey is settling you matter in full and asking the court to withdraw the claim from the hearing list. Once you have received payment, would you please inform the court that you withdraw your claim, and provide us with a copy of the letter.

 

Yours faithfully

 

Abbey National PLC"

 

Got to say i wanted costs in relation to preparing and submitting the claim and have included this in the court bundle on the bases that Abbey had no intention on defending the claim - is there any way of getting these costs back from them, as I guess I cant reject there offer of settlement.

 

Also I have racked up 2 more £30.00 charges in the last 6 months since starting this claim. Should I just ring customer services and say " please refunded them, you have settled the others...."

[ukmp3]

any advice please...

[ukmp3]

Further to the above I telephoned Ashurst who sent the cheque to me this morning for full settlement of the claim and made it clear that my estimated costs for resolving this matter was £200 and that I had intended to raise this in court and ask for an award of costs.

 

They offered me £100.00 as a gesture of goodwill which I accepted.

 

I then telephone Abbey Charges Complaint team on 0845 600 6014 and registered the 2 new £30.00 (since starting claim) - here we go again....

[caro]

Congratulations and good luck.