bobthecabbie v A & L

[chubbas dad]

...go you,bob if i were you in my position i would maybe settle for fast cash........"but" and its a big "but" im not you and your not in my position.look in the mirror. and think real hard about what the man looking at you wants im sure he will tell you.gratz on a gr8 offer and good luk with the pondering:-D

[bobthecabbie]

hi chubbas dad, have you put a court bundle together yet

[chubbas dad]

yeah, im sort of ready.jenny and mimi have pointed me in right direction.im almost certain i wont need it:rolleyes: but it helps to be sorted out.you are doing real well with this.especially as its such a large amount.chin up dude a & l freedom fighters rok.....................

[bobthecabbie]

thanks chubba, do you have terms and conditions from 2001 by any chance

[bobthecabbie]

does anyone know if the northern ireland document Provisional Findings report -Northern Irish personal banking

 

is still relevant, if so how much or what needs to be printed as its 198 pages long!!! my judge only has 5 mins

[MimiJane]

Bob, I googled it and found this news release, which I included instead :-

 

http://www.competition-commission.org.uk/press_rel/2006/oct/pdf/52-06.pdf

 

Hope this helps.

[Jess68]

Your in court on my birthday bob so i will be thinkin of you

 

Personally i would carry on and go for the full amount on principal, they took money you earned, now its time to get it back.

[bobthecabbie]

thanks jess, many happy returns for the day, i may not be able to do it on the day as may have other things on my mind.

 

nearly there now mimi (honest) in the case law is it just mentioned or is documentary evidence needed and cant find the kendall freeman report!!! i know i know typical bloke, lacks patience and will power!!!

 

oh, and whistleblower

[MimiJane]

Bob,

 

Kendal report's in the CAG library, here it is :-

 

http://www.kendallfreeman.com/kf-pdf/Upholding%20liquidated%20damages%20and%20avoiding%20penalties%20-%20May%202005%20-%20Kendall%20Freeman%20article.pdf#search=%22kendall%20freeman%20liquidated%20damages%22

 

Whistleblower report at the very bottom of the page here :-

 

http://www.consumeractiongroup.co.uk/

 

Re. the Relevant Case Law paper, it's up to you whether you include details of any more case laws mentioned perhaps in the Statement of Evidence. You'll probably have enough by time you've finished.

 

By the way, I expect to be mentioned in your will after all this

 

Mimi x

[bobthecabbie]

consider it done mimi, but sadly debts out weigh profits, so you have to have them also. a very kind gesture i must say! many many thanks

[bobthecabbie]

court bundle almost done, 436 pages without case summarys!!! massive waisted time claim coming.

[bobthecabbie]

court date now 10 mins, other bank cases scheduled for that day but none with a&l. wonder if thats a good omen

[j.barton1]

Hi Bob, I am at mercantile court for a directions hearing on 28th this month, on my sheet there is only 2 A&L cases out of 200+ I dont know if this is good or bad?? I'll let you know if they attend!!

Jenny

[bobthecabbie]

hi jenny, lets hope its good news. what did you put in your court bundle about case references or what do you plan to put. mine is a full hearing

[j.barton1]

Hi Bob, Luckily...thank god...I didnt have to do a bundle for A&L..but I have just done one for Barclays. For A&L i just had a case management sheet to fill in.

In the barclays one i used the bundle from here and my correspondance etc.

HTH

Jenny

[bobthecabbie]

hi all, spoke to my legal advisor today and they are writing to wragges to tell them that they are taking my claim out of the small claims system thus making wragges liable to pay my costs. also that there will now be signifigant costs in preparing my case for county court.

[alice-rose]

hi bob,

i would think very carefully about taking your claim out of the small claims system - where you are not liable for costs.

has your legal advisor given you an indication of his costs/charges for handling your case - it could soak up a significant amount of your costs that you are reclaiming.

[bobthecabbie]

in a&l terms for 2000 it says

"(d) You shall pay such other charges in connection with the Account or for the provision of services as published in the Tariff of Charges; these may be varied from time to time"

 

is this the same as penalty charges?

[jansus]

The best link backs - information - I have found regarding penalty/v service and contractural interest are on "LLOyds case lost thread"

 

There is one link back on one of the posts that a legal student has entered that was particularly relevant ( hope it was this thread, I have read and saved so many my head is spinning)

 

Best of luck

 

Jansus:)

[j.barton1]

well done bob, just seen your success on the other thread, did they settle for the full 10k? Did you call them or did they call you?

Jenny

[bobthecabbie]

i wrote to them on 25th and negotiated settlement. money is due to be paid by tomorrow, if its not in account tomorrow im sending letter telling them deal is off in light of todays developments. my settlement amounted to 91% of my 11.6k claim. wrote letter including this which was drawn up by an advocate at a bristol law firm. they offered within 2 hours of receiving it.

 

"I believe that the regime of fees which your client has been applying to my account in relations to direct debit refusals, exceeding overdraft limits and so forth are unlawful as, amongst other things, they are a penalty on the basis of a number of the principles arising from Lord Dunedin’s tests (Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915). Further I understand that there is a compelling argument if not established case law that the terms of business adopted by banking organisations allowing for such charges may be impugned by the Unfair Consumer Contracts Regulations 1999

 

However if your client says that they are not penalties, then will you please ask them again, I have already asked Alliance and Leicester once (letter 19 March 2007), to demonstrate this by letting me have a full breakdown of the costs to which they have been put to as a result of my breaches, in order to reassure me that their penalties really do reflect their costs. The lack of such details is an obvious oversight from your generic defence dated 4 May 2007.

 

he is willing to take on claims over 5k and issue proceeding through fast track.