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

[photoman]

Gary

Sorry to post on this thread, but couldn't think how else to get your attention?

Firstly, did you get my PM about the info I have, I think it could be quite telling?

Secondly, my claim is now in full swing. Recieved acknowledgement of service and intent to defend.

Guess it's now wait for the defence and possibly an AQ.

All due within next 14 days.

Do I post info regards Litigation in Process to someone ?

Regards

PM

[photoman]

I have a court date and have followed all your advise, we have just get a letter from the judge saying that if SC&M do not meet with the order the case will be struck out without further notice. We may apply to have it set aside, varied or stayed within 7 days. What does all this mean please.

From Potterlogo

 

Potterlogo

 

I may not be able to answer this question myself, and someone like Gary may.

In order to help him and others provide you with advice on this, could you post an outline (remove any of your personally identifiable info) of what order the judge has asked SCM to comply with ?

Also, was it in response to draft directions that you suggested yourself in an AQ, or was it an order made of the courts own motion?

 

Regards

[photoman]

Potterlogo

 

Firstly, remove your case number from your last post, it may enable you to be identified.

 

So you've applied for a strikeout, presumably on the merits of their defence?

 

Here's the lnk for anyone interested:

 

CPR - Parts and Practice Directions

 

And it looks like the judge has agreed it has merit, but given SCM some leeway to correct it.

 

I suggest you contact the court next week and get their advise on whether they have complied, and if not, what happens next.

 

 

Best regards

[photoman]

Hi there, I 've recieved a letter headed

 

"Notice Of Hearing"

 

TAKE NOTICE that the hearing will take place on......then saying they have allowed 10 minutes for the hearing. at the bootom it says

 

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

 

This letter is stamped with my local County Court mark.

 

What should I do from here? Do I need to send anything off?

 

Regards

 

BB

 

Broomo

 

CONTACT SOME MODS BY PM NOW AS A MATTER OF URGENCY.

 

INFORM THEM YOU HAVE A COURT DATE !!!

 

PHOTOMAN

[photoman]

As far as I am concerned, even if they do honour a payment and charge you for doing so, the additional charge is still a penalty.

In such a case they would not be charging the usual returned item "fee", as the item has not been returned, instead they would charge you for an exceeded borrowing level.

It is applied to your account as a result of exceeding a limit, and exists purely "in terrorem" to dissuade you from such breaches.

In Lloyds case certainly, any "service" argument is nonsense, and easily dispelled by the very wording itself of the charge applied "unauthorised borrowing fee"...... this clearly requires something of an "unauthorised" nature to have happened, ie, a breach of contract.

Had it been termed as an "overdraft review fee" or "overdraft extension fee" or something such like, they may have maybe had a stronger argument (although the Sale of Goods act would say otherwise).

The banks are actively changing the terminology now in light of current actions, and this may make it harder to prove the "penal" nature of the charge in future....... however this now smacks of concealment, and such acts bring into play the revocation of any protection under statute of limitations.

[photoman]

Ok,I really want to get my bundle finished off tonight as it has to be in soon. I have a few questions and would be very very grateful if anyone can help.

 

firstly, should I include the Austalian report in my bundle? If so what do I need to add to my witness statement??

 

2, If I include the Australian report do I need to include the scottish report??

 

3, Do I need to print of the whole of the analisys of the unfair terms schedule 2 or just certain pages??

 

4, does anyone have the link for the early day motion from the house of parliment??

 

5, Do I include the information that mistermind gave about charges only being about £3 in Dublin?? This to me seems like a good argument against lloyds in particular as even if they are fees rather than penalties this surely proves they are dispropotionate. Also if I do add this to my bundle,again how do I include this in my witness statement. I dont want to mess it up by saying that they are fees??

 

Thanks very much in advance to anyone that can help.

 

matt.

 

Matty

 

See this post by GuidoT

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-906900.html

 

PM

[photoman]

Can someone help??

 

I've just recieved a letter from the court, it say's..

 

It is ordered that the claimant do file with the court, further particulars of claim and do serve the defendant with the same by 4.00pm on 16th july 2007 after which date the file will be referred to the district judge for further directions. In failure thereof the claimants claim will be struck out.

 

The district judges of this court require the amount of bank charges claimed in the claim form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon.

 

does this mean i only need to send in a breakdown of the chages? and why would bank statements not be acceptable??

 

Gary,

 

No, 'fraid the court won't work out your charges for you from your statements, it's not their job it is your job as the claimant.

 

Don't worry though, it's actually quite a reasonable and fair letter, they could have chosen to just throw your claim out all together.

 

Let me guess..... youv'e come here after reading about bank charges elsewhere ( a newspaper or another website perhaps) and already started a claim ?

 

Welcome to CAG. your in safe hands now, but you will have to do most of the work yourself, and get to understand what this is all about. This is a self help site, so nobody else is going to do everything for you, but they will all be as helpful and friendly as possible.

 

You do have a bit of reading to do to start off, and you should also start your own thread, so as not clog up this one with unrelated comments.

 

SO;

 

First of all read the Frequently asked questions here

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

DO READ THE STEP BY STEP INSTRUCTIONS !!!!!!

As you go on, you’ll also find this very helpful:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

You’ll then need to start your own thread;

Go to here:

http://www.consumeractiongroup.c o.uk/forum/

 

Find the name of the Bank your action will be against.

Click on it (the name of the Bank in Bold Blue)

On that page, you will then find a label saying "Forum Tools" (just under the list of page numbers).

Click on it. It will show you some options.

Firstly, it's a good idea to subscribe to the Forum ,as you'll then recieve updates from people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).

Once Subscibed to the Forum it will redirect you back.

Hit the same button and choose "Start new thread"

Give your Thread a title eg: yourforumname v whatever bank

(choose how often you want updating by email if anyone posts responses in your thread)

 

Then your up and running !

 

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember, any threads you want to follow, you can either choose the thread tools button, and choose subscribe to thread, or simply whenever you make a post in a thread it will automatically subscribe you to that thread.

On the main page I've posted above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.

Once your ready to start , you’ll need to do a schedule of charges to submit to the bank, try this one:

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Best regards and good luck

 

photoman

[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