GOT A COURT DATE? Important, please read......

[littleli]

:-| Hya. I have a court date for 14th Aug. And I have been told by claire, very helpful, its a pre-lim hearing. SO is it all I need is the draft directions to send to court and banks sols, as I cannot attend. If so once these sent what do I do then?????

[mgp]

The witness testimony on this thread is different to the statement of evidence on on Bundles for Dummies which to use?

[tina9776]

I got my court date through yesterday for the 10th September, small claims. It doesn't say anything about a court fee - will they ask for this nearer the time? I never had to do an AQ. The Judge has asked me to submit by 18th July the following:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reasons 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.

 

The defendant shall by 8 August 2007 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) Any witness statements;

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

 

Please, please could you help me with c) and d). I don't want to send too much or they won't bother to read it but I also don't want to leave important things out. I also don't have any Terms and Conditions - I tried to download the pdf format from the site but my computer wouldn't let me as it's blocked from work. Is there any chance at all that perhaps you could somehow send them to me.

I'm so sorry to ask all this but I'm scared that I'll be the one that does have to show up in court and I want to be sure I've got it right!!!

Also, is this a final hearing - I think it is as it's been allocated 90 minutes.

Thanks to anyone that can help me - Gary, any chance you could guide me through this?

Tina9776

[photoman]

Tina

Don't panic.

Part C you can get help with from this post by GaryH

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-482194.html

 

Part D you can get from here

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

 

If you could post which Bank you are dealing with, then I'm sure someone might email you any T&C's you might need?

 

Hope this is useful, I'm sure peeps like Gary will be along soon enough too to help you.

 

For what it's worth, the directions from the court are good news.

Looks like they have accepted the new directions.

Which Court was it ?

 

Once you have complied with your part of the directions, it is unlikeley that the Bank will comply with their side, and will just offer to settle.

 

Best regards

 

PM

[tina9776]

Thanks PM

That list of decided cases from the link you gave me, is that all the cases that have been won in 2006/2007. Is that all I need for d) or is there other stuff too?

Gary H has said he will come back to me this evening and guide me through things - nervous but excited too, just don't want to send or say the wrong things.

Thanks for support.

[kfdh1962]

Hi,

 

Has anybody got any info on these further 2 cases that Judge Cooke found in favour of the defendant (Lloyds TSB)? Is it just another case of the litigant not submitting copies of T&Cs or did they actually have them in these cases??

 

I notice that the same Judge awarded in favour of the litigant in an Abbey case as breach of contract COULD be proved.

 

 

BBC NEWS | Business | Judge rejects more bank claims

 

 

Would be interesting to hear from anyone with further information on this?

 

i had a hearing last week, in Bimingham, with Judge Cooke, Halifax were looking to strike out my claim on the grounds that they had settled when in fact they hadn't. Having listened to my expalanation as to why the claim wasnt settled, he re-approved an N244 that had been approved but was not due to be issued until AFTER my hearing date:rolleyes: , he re-approved it, ordered that the courts serve it and set a new hearing date. Following this, Halifax have agreeddto settle the outsanding amount.

 

So as gary and the others have said many times, prepare proeprly and thoroughly and you can still win...

[maxey]

I have a court date for a block prelim hearing on the 31st August and today received this letter from the SC&M mafia....

 

...we will be defending the proceedings on the following grounds

1. the fees you seek are properly incorporated into your contract with the bank

(I'm claiming £605)

2. By making payments...from your account...you must pay the necessary charges...The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

 

Then, it says, and this is the WORRYING bit,

 

Looking ahead, a situation which gives rise to a dispute is not one th bank wishes to continue. In view of this, you are requestd, please, to make contact within the next 14 days with your local Lloyds TSB Branch Manager, to review your account.

 

We await confirmation from the bank that this action has been taken.

 

Yours faithfully

 

Sechiari Clark and Mitchell

 

 

Help Please!!!!!!!

 

I feel very intimidated by this and as if they are making a threat to close my account now. I have been with them for over 20 years. My account has most of the time been run "well", these charges are from when I was at college and broke! I have rung my branch manager and am waiting for him/her to call me back, but where do I stand with this?? Can't believe I am going though this for £605 when others seem to have got thousands of their charges back no problem. It's the principle of it now for me though.

 

Advice gratefully received from any of you out there who have been in this position or know what I should do.

 

Thanks

[maxey]

Update

Just spoken to my branch who have no idea about this letter, and are entirely happy with my current situation with their bank. They are going to investigate whether it's a new customer service department standard issue letter via SC&M

[Wilks 77]

I think its probably another way fro **** to try and get u to drop the matter. If I was you I would send a Nudge letter, including quoting this letter, and saying that you will not be attending any meeting with Lloyds TSB until this matter is settled with. The rest of the Nudge letter will show them that you are not intimidated and are carrying on regardless.

Don't let this put you off, thats exactly what they want.

[remus]

Why can I not get a proper print of the Orton letter?

All that prints is the blocke out parts!

Was hoping to get bundle in tonights post.

[maxey]

Do you think I should send the Nudge letter to the bank or to **** (I like that!)

[hussell41]

sorry not sure, i managed to print mine but it wasnt a very good copy,

[hussell41]

Hi Maxey

 

I also received this letter, and have been to see my branch, who said all they could do was do the overview on my account as they were unable to authorise such a large amount and because the complaint had gone so far. was in there all of 5 mins, what a waste of my time.

[maxey]

Can you let me now where to find the nudge letter to send please? I have also just realised that I will be owed even more interest from the time I filed the case for court, ages ago, until the time it actually goes to court. How do I go about getting this added to my claim?

[BeeBee01]

Can anyone save me time and tell me where to get a copy of this Martin Orton letter ,Thnx.

[remus]

Maxey, once your claim gets to court, the Judge adds it all in. Or if [problem] do this, it's all included:)

[maxey]

Ok, now I'm confused. This letter was posted to me by **** on the 3rd July and I got it yesterday....

 

I have a court date for a block prelim hearing on the 31st August and today received this letter from the SC&M mafia....

 

...we will be defending the proceedings on the following grounds

1. the fees you seek are properly incorporated into your contract with the bank

(I'm claiming £605)

2. By making payments...from your account...you must pay the necessary charges...The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

 

Then, it says, and this is the WORRYING bit,

 

Looking ahead, a situation which gives rise to a dispute is not one th bank wishes to continue. In view of this, you are requestd, please, to make contact within the next 14 days with your local Lloyds TSB Branch Manager, to review your account.

 

We await confirmation from the bank that this action has been taken.

 

Yours faithfully

 

Sechiari Clark and Mitchell

 

 

 

This morning, I got another letter, posted on the SAME day, which states they WILL pay me what they owe me (even though they don't think they are in the wrong blah blah, and to send back confirmation and stop court proceedings once the money is in my account. They are willing to settle in full (£603) with £7 interest and my court fee! I don't get it!:-?

[hussell41]

Hi Maxey, i dont think they know what there doing, hopefully i will get one of these letters today (post not arrived yet), not sure i will as my claim is for £5000. i would settle if i were you.

[Pen]

I wouldn't worry now maxey. It seems to me like your won so well done

and

!!! congratulations!!!.

:D

[hussell41]

Hi there, Just got my letter from SCM with settling out of court. Yipeee £5000.00 richer. I am still going to send my bundle to the court just in case the money doesnt appear in my account

[maxey]

congratulations to you too hussell41. just spoke to a friend who has been through this and she said don't send the acceptance thing back that **** sent. apparently there is a letter in the templates library with an acceptance letter, saying thanks for the offer, I accept the money but not the terms and conditions. what does anyone else think about this?

thanks to all you guys who have helped and supported me through this, I really appreciate it. I shall wait until the money appears in my account to cancel any court proceedings.

[Pen]

Hi Hussel, this thread is getting really interesting with you both winning Congrates to you too, Gary will be please when he reads them.

 

well done both of you

[Audreygreeneyes]

Maxey from the date you file it then becomes. the court appointed 8% which is 0.0022 pence per day ( if I am not mistaken) this gets added to your claim by the courts when it is settled... or DG when they make you an offer........ in your nudge letters just put down what you have filed for and add plus 8% to date of cleared funds......... then you are covered....

 

if I am wrong one of the others will correct this info. good luck

[GERMANY2006]

Hello everyone.

 

All you Lloyds fans, check this pdf out;

 

http://www.bsaconference.org/files/paul_lewis_speech_and_slides.pdf

[Pen]

Thanks for posting that article, it really does make interesting reading.

 

Pen