stressed mother V A&L

[jansus]

Oh MY GOD!!!!!!!!

 

Just been reading Jansus' thread and had a look at 'Twoofus' and 'Notlam'. Now am pooing my pants. I have read so many threads where the prelim hearing (or in my case the Allocation hearing) turns out to be the real thing. Any advice would be helpful.

 

.Caza

 

Please dont stress out - there have only been two cases lost both on Lloyds TSB (out of thousands)- the only reason I pointed them out is that there are some very interesting link backs - and as this site says in the FAQ we all have to be prepared to go to court. With A&L there have been some preliminary/directional hearings which were just that (see noisy pink bubble). IF and I say a big IF you do have to go in the court as long as you have taken what they have requested at that stage you will be OK. I did not do this to worry people and I know all the mods are working on helping the LTSB forum people with their cases. I just also thought it was worth pointing out that some people thought that were going to directional hearings - but then a decision was made there and then - usually in the claimants favour- this was probably because the banks did not turn up and the judges just ruled in favour of the claimants there and then ( they have had enough of the banks wasting their time)Dont forget as well there have been several judges awarding wasted costs on the spot to the claimants - in one case where the bank paid before and did not tell the claimant.

 

 

Please dont get stressed on my account:( - I am not as far forward as you - I just try to keep as informed as much as possible with what is going on.

 

I am not an expert or advisor - I just want to make sure that when it is my turn I am as well prepared as possible. As soon as we hear as above that A&L have paid out just before hearing we can all breathe a sigh of relief again.

 

Jansus

[jansus]

Hi Caza. I haven't received a cheque, just an offer letter from Abbey. I have accepted though as it covers my claim + interest + court costs.

Try and stay positive, the two cases you are referring to, 'Twoofus' and 'Notlam' are with different banks. Unless I am mistaken, 'Notlam' is not even a recent thread.

.

 

Actually notlam case was were she was helping a friend - 13th June and this was only about loosing on contractural interest - the actual claim was paid (incl 8% interest) before the case. (there are posts today) the main point was that they posted a general warning about being prepared as they were confused about the type of case they were attending - and I thought this was useful information

 

Jans:) us

[jansus]

Caza, Please ignore if you already know this, but, to put things into perspective, have you checked out:

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

This shows that A&L have already settled around £418K. From this page you can print out a list of settled claims and use this to demonstrate precedent setting. NJC

#

 

great - how did you find this - i could always only find the total on the front page - Very useful!

 

jansus

[NJC]

Hi Jansus, found the page via a link in a sticky by Admin Bankfodder that is at the top of each of the banks forums. The sticky is titled:

We Need Your Litigation Details!!!!!

There are some good links from the sticky's that are relevant to each bank.

 

Hey Caza, you see, there is plenty of support here for you.

[cazawilson]

Hi all

 

Thanks NJC and Jansus and Mimijane, ALL the info and support you give me is all helpfull and very much appreciated. Dont ever think that its not:). I have found and printed out the 'wins' against A&L I also have a witness statement aswell as a request for the case to go to small claims. ( The amount of 1500 does include interest and court costs). As nothing was requested on the letter it just left me feeling as though nothing could be prepared. I will take along my schedule of charges and dont know wether to take the Draft Order requesting disclosure, or wether to send it to the judge beforhand:confused:. Will keep my eye on the hearings at court this week and hopefully we'll all come out smiling....Do you think inyears to come the CAG will hold a reunion?????.

 

Once again, if it weren't for ALL the advice and encouragment I get on here I would of jacked it in ages ago.

 

Caza x

[NJC]

Caza, Pleased to be of assistance. You may also want to consider putting a case summary together as a chronological record as per following:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

(Doh!!! Another link from the Abbey forum ). This will ensure you can recall events and timescales easily if questioned.

Lets hope those at court this week have good outcomes. This time next week, I am sure you will also be smiling.

Not sure about a reunion in years to come. I believe there is already a BBQ scheduled for this Sunday. I bet most people will disappear into the ether when their claims are settled and all the money is spent. NJC

[NJC]

Oops, it's a picnic, not a BBQ on Sunday.

[cazawilson]

Hi all

 

I am just looking through my POC and noticed that they are not as long as other threads. Can somebody please tell me if its ok??

 

1. Between xxxx and xxxx the defendant debited numerous charges from the claiments account.

2. The charges are an unfair penalty under the unfair terms in Consumer contracts regulations 1999, because they are a disproportionately high sum in compensation compared to the low cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful extravagant penalty.

4. Under the County Courts Act, the claiment is entitled to interest of 8% per annum from the date they were deprived of the money. This totals xxx, accruing at the daily rate of 0.021% until judgement or payment.

5. The claiment asks the court to enter judgement in their favour for £xxx plus interest, totalling £xxxx

 

 

 

It makes sense its just that Wragge were moaning about the poc on their defense(which is probably bog standard for everyone). Don't want to turn up and the case is thrown out because i havn't done my poc properly.

 

Caza

[NJC]

Hi Caza, I am sending you a PM reference your last post.

Regards NJC

[MMG]

HI Cazawilson,

 

Just a quick question, when you recieved the transfer of proceedings document did you send the draft directions or did you just wait to hear form the court. I am at this stage now and recieved the same letter as yourself!

 

Good luck for your hearing!

 

MMG

[NJC]

MMG, did your letter come from Bedford by any chance? NJC

[MMG]

NJC,

 

No it came from Leicestershire.

[cazawilson]

Hi MMG

 

I didnt send anything. The courts are really overworked at the moment, but you should get a letter from your local court giving more information. It will then tell you wether you get a hearing date, or an allocation hearing or whatever the judge wants to do. When you get this letter it will also let you know if you have to send any paperwork in and by what date. Dont worry, let me know what happens. Thanks for the good luck, all the support I have has really boosted my confidence.:D.

 

Caza

[jansus]

Hi cazza

 

have not heard from jenny yet but looks like A&L did not turn up at Mercantile court today:)

 

jansus

[j.barton1]

Hi, I'm back, youre right A&L was a no show, i called them and they said they never had any intention of attending. The judge was not happy with that. He is considering making them appear before him to explain themselves. So now its just waiting for directions from the judge. The whole experience was great, did a few interviews with the press and had a photoshoot with yep so that was good...bbc BBC NEWS | Business | Judge warns banks over fee cases

We've just got to wait for the judge to decide what happens now!!

[bobthecabbie]

i made a settlement with rags yesterday on the understanding that the monies were in my account by tomorrow. if its not there i am going to withdraw my offer in light of todays developments!!!

 

ps well done

[cazawilson]

Well done Jenny and the other 40 odd people who were there with you. I have read the bbc report and the judges comments and find it laughable that A and L fail to show in such a high profile case. Shame the judge didn't make an example of them (or maybe he will). I hope nobody shows on Monday that would boost the A and L camp no end.

 

Let me know bobthecabbie if the monies have been paid, it all helps, at least we can show the judges all the settled cases and prove what a waste of the courts time and money this is. Power to the People:D

 

Caza

[MimiJane]

Good new Jenny So pleased Wragge didn't turn up:rolleyes: Let's hope the judge hauls them into court ... mind you, we don't want too many delays before you get your money

 

Bob, well done ... hope the money arrives in your account today

[bobthecabbie]

sadly, money arrived in account today. was going to withdraw offer after yesterday and go for full amount. hitting them for another claim of £300 on monday and then going for pre 6 year claim.

[j.barton1]

Thanks all, I've settled with Barclays so A&L have my full attention, I'll keep you posted. We got photo's in the local paper too, all this press coverage must be good.

Jennyxx

[NJC]

Congratulations Jenny. Pleased one is settled. I now have the money in my account from shAbbey. Good luck to you, Caza, Jansus, Mimijane etc. I will keep watching progress. NJC

[cazawilson]

That is good news NJC, well done:D:D

 

I have just completed my paperwork to take to my allocation hearing on Monday. I done them all neatly in a wickle folder:o and numbered all the pages so i could find them easily. I have included my opening statement/arguement/plee for allocation to small claims, I have my witness steatement, schedule of charges etc all in triplicate:cool:. Bring it on baby.

 

I bet I wont get asked anything now, lol. My 14 year old daughter is well impressed with my presentation(I nicked one of her folders). Never been this organised.

 

One problem though, my babysitter has called off for tomorrow, do you think the nice judge man would mind if i dragged my 2 girls along?????:o

 

 

Caza

[MimiJane]

Good luck caza, 'm sure it will go fine ... will keep my fingers crossed for you and hope that Wragge don't turn up (unlikely:rolleyes:).

 

Be sure to let us know how it goes ASAP

 

Mimi x

[j.barton1]

Hi, Children under 14 cant come in the court room, but over 14's are fine

Jennyxx

[jansus]

Sounds like you are really well prepared. Will be thinking of you tomorrow.

 

Jansus:) :)