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Please Help - In Court Tomorrow (Thursday)


Abandon
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My date in the small claims court against the Clydesdale is first thing tomorrow morning. I didn't expect my case to get this far as I am only claiming £228 in fees + interest at 8% + £39 small claim fee and I've followed all the letters before action etc as detailed on this site.

 

However, I have had absolutely no offer from the bank. Therefore I need to prepapre for court. Is there a thread somewhere telling me what happens in court and which legislation I should quote?

 

Thanks, Abandon.

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Did the bank file a defence with the court??? Have you been checking your bank account???

Dont't worry about appearing in court if you have to.... its only a preliminary hearing for the judge to decide whether or not there is a way off settling things between yourself and bank before a date for a proper hearing is set.... very unlikely this will happen as if I'm not mistaken the banks have never turned up in court yet..... just keep checking your account today and tomorrow before you head of to the court :D

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The bank has filed that they "instend to state a defence". I closed the bank account a few years ago so I can't check and presumable they won't put any money in it!

 

I can't help but worry! I don't want to be the test case.

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Well keep an eye on your post... hopefully there'll be a cheque dropping through your door.... like I say its very unlikely the court will appear tomorrow so keep your calm... turn up if you have to... take copies of all the correspondence you have sent along with the schedule of charges.... don't worry I'm sure it will be fine.

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I attended court. It was a preliminary hearing. The bank submitted their standard defence which I was given some time to read. I then stated that I disputed their defence. The bank's solicitor then asked that since it was a joint account, that I provide a written statement from my wife saying that she was happy for the case to go to court. The judge said that this wasn't necessary and now I've got a date for the case to be heard on 27/7/07.

 

I noticed that the non-Clydsedale bank charge cases were all being recorded as "case settled" before court. Ie it's only the Clydesdale taking it this far.

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The preliminary hearing was OK, in fact the whole experience was quite interesting as I sat in and listened to all of the cases before me. Also the Small Claims court was obviously designed to put the lay-person at ease. However, I hope the Clydesdale settle before the main hearing as I don't really want to be the test case!

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  • 4 weeks later...

Well out of the blue, a cheque for the full amount arrived today. I wasn't expecting that until just before the next court date on the 27th July.

 

So, anyone reading this, it looks like the Clydesdale reckon it's worth paying some solicitor's time for preliminary hearings in order to presumably have some claims thrown out due to the claimant not attending court / being frightened off.

 

All you have to do is attend the preliminary hearing which is no hassle.

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!!!congratulations!!!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks - a relatively small amount I know but it feels good. My family was really struggling for money when these charges were taken. I tried to discuss the situation with the bank at the time but they didn't care. I've got my money back now and the branch has closed down since :) Good!

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