Just reached the Small Claims point

[Wonunderpar]

Wise words indeed from you Barty, as I have received in the post yesterday a court date of 22nd August.

 

Just finalising the bundle now and will deliver the courts copy by hand at lunchtime and the bank's copy will go in the post.

 

Am I right in assuming that this thread GOT A COURT DATE? Important, please read...... is the latest regarding bundle contents?

 

Thanks again for helping me to 'keep the faith'.

[Wonunderpar]

OK - today is 14 days before my court hearing. This is the day by which both myself as claimant and LTSB as defendant were asked to provide documents to the court that we would rely on in court.

 

I put my documents in over a week ago. Did I read somewhere that the defence could be struck out if the Donkey doesn't provide documents? If so, is it simply a question of phoning the court and asking them to do this or is there a template somewhere that would help?

 

Grateful for any help that anyone can provide.

[BARTY]

Hi

This link should help:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

 

Barty:)

[Wonunderpar]

Thanks once again Barty.

 

Checked with the court, who have confirmed receipt of my documents but that nothing has been received from the Donkey.

 

They are advising me that despite some cases now being stayed, the Judge in my local court is proceeding with all hearings that had been given a court date, so I guess that all I now need to do is turn up on 22nd and see what happens. In the meantime, I will send the letter from the link that you have posted above. Should I include that in the documents that I take to court, although it wasn't (obviously) in the bundle that I submitted and if so should I cc it to the court?

 

Finally, does anyone fancy attending a court hearing on August 22nd with me!

[dolly]

Thanks once again Barty.

 

Checked with the court, who have confirmed receipt of my documents but that nothing has been received from the Donkey.

 

They are advising me that despite some cases now being stayed, the Judge in my local court is proceeding with all hearings that had been given a court date, so I guess that all I now need to do is turn up on 22nd and see what happens. In the meantime, I will send the letter from the link that you have posted above. Should I include that in the documents that I take to court, although it wasn't (obviously) in the bundle that I submitted and if so should I cc it to the court?

 

Finally, does anyone fancy attending a court hearing on August 22nd with me!

 

I would, but mine is the 22nd too! Not at your court though, I wouldn't think.

[Wonunderpar]

Last throw of the dice today!

 

Am delivering to the Court at lunchtime the second 'non-compliance' letter referred to in the 8th August post above from Barty, to try and get the defence struck out.

 

It seems unlikely that this will happen so I'm bracing myself for a court appearance next Wednesday now.

 

Does any have, or has seen, any 'stay objections'. I've seen them mentioned in posts but can't find them.

[BARTY]

Hi

These links should help:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Barty:)

[Wonunderpar]

Thanks again Barty.

 

Will use and suggested and let everyone know how I got on unless, by some miracle, LTSB settle before next Wednesday (seems unlikely now).

[Wonunderpar]

Countdown to court! 5 days and counting!!

 

I've done everything asked of me by the courts. Replied to all their letters, submitted bundle, requested that LTSB provide me with their defence (not received) and copied the request to the court (as advised in post 53 above), subsequently advised the court that LTSB still haven't sent their defence i.e. complied with the court's direction etc (also as advised in post 53 above).

 

Is it worth my while ringing the court to ask if they have or are planning to strike out the Donkey's defence as they haven't complied with any of the court's orders or will that antagonise the judge? I feel sure now that the bank will turn up next Wednesday and ask for a stay, and although I have my stay objections all ready, it doesn't seem right that they can simply turn up having not complied at all at any stage with the instructions of the court and possibly get the case delayed indefinitely?

 

Any further advice that anyone can give on this would be welcomed.

[zootscoot]

You might want to have look at this post where Barclays turned up on the day and requested a stay:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110863-sarahapples-barclays-16-8-a-2.html?highlight=sarahapples#post1082140

 

It was refused on the grounds that they had not submitted a formal application.

 

HTH

 

Zoot

[Wonunderpar]

Just come back from the Court.

 

8 people were there claiming against 4 different banks (LTSB, Barclays, HSBC, A&L). Three of the banks sent representation. The fourth (A&L) didn't but had sent a letter requesting a stay.

 

The LTSB bloke came up to me and said that he would be requesting a stay. I told him that I would be objecting to it. He tried to suggest that would extend proceedings but I told him that was OK with me.

 

Then we were advised that we would all be going in to the court together, which I knew was going to mean bad news. Once in there, the judge rambled on about the OFT case for a while and then said that in view of that case he would be staying all cases if the banks had requested one (which they had) and if no one objected.

 

I stated that I objected to a stay, followed by others, but he wouldn't budge or let me state reasons for my objection, and after a bit more rambling ordered a stay for all the cases.

 

My questions are:

1) Whay make us all turn up at court if this was what was going to happen anyway;

2) Why did we all have to go in together;

3) Why wasn't I allowed to formally state my objections to a stay.

 

This has all appeared to be a large waste of my time now. I followed the directions of the court to the letter, when the Donkey did nothing that it was asked. Apart from all the time and resource taken in my preparations before today, I've had to take two hours away from work, and all to no avail.

 

Understandably I'm disillusioned with the whole thing. WHoever said "the law is an ass" was spot on.

[BARTY]

Hi

Really sorry to hear that, what a total waste of time:evil:

Barty:)

[Wonunderpar]

I'm interested to have received a couple of recent communications from the Donkey and First Direct.

 

Both are claiming to be "shaking up" the current account market by offering new deals. FD is offering no interest on a current account market but an automatic sweep into a higher interest account, plus interest-free overdrafts up to £250 etc. LTSB are restructuring their charging regime to - allegedly - mean that we as their loyal customers will pay less in charges in future.

 

Is this all an effort to show that they're not as bad as all that when the court case arrives? Will the court fall for this tactic, resulting in the court case coming down in favour of the banks and none of us with outstanding cases receiving a penny back? Or does it indicate that they realise that they were in the wrong all along, in which case shouldn't we be pursuing this underhand tactic to highlight what they are trying to do to all concerned?

 

This delay until the court case in January seems only to have benefitted the banks in allowing them time to get their houses in order.

 

Any comments from anyone?

[GaryH]

Then we were advised that we would all be going in to the court together, which I knew was going to mean bad news. Once in there, the judge rambled on about the OFT case for a while and then said that in view of that case he would be staying all cases if the banks had requested one (which they had) and if no one objected.

 

I stated that I objected to a stay, followed by others, but he wouldn't budge or let me state reasons for my objection, and after a bit more rambling ordered a stay for all the cases.

Sorry to hear that. Its the way most cases are going, unfortunately. Which judge was it please?

LTSB are restructuring their charging regime to - allegedly - mean that we as their loyal customers will pay less in charges in future.

 

Any comments from anyone?

IMO the restructuring is basically an attempt to a) influance public opinion - they are going out of their way to tell you how nice they are and how much they want to help you avoid being charged, blah, de blah, de blah, but more importantly, b), the intention is to present the charges as 'core term' - I.e the price for a genuine service which is part of the core bargain of the contract, which if successful would mean that the charges fall outside of the Unfair Terms in Consumer Contracts Regulations. This is why they've got rid of the higher overdraft rate and any references to 'unauthorised' overdrawing or any hint of the charges being punitive or as a result of a breach. You are now completely free to go over the OD "zone" if you wish, but they will sting you for providing the "service" if you do!!!!

[Wonunderpar]

Hi Gary H,

 

It was District Judge Carron, who up to that point I had the impression was more on our side than the banks' but now I'm not so sure.

 

Totally agree with you regarding the real reasons for the banks recent behaviour. My concern would be that, come the OFT case in January, the courts will see this as the banks being reasonable and completely forget about what's gone before. I'm less certain than ever that I'll get anything out of this now, but will wait and see.

 

Are there any plans for CAG or Martin Lewis to elevate this into the public awareness to ensure that this attempt by the banks is highlighted for the sham that it is?

[Wonunderpar]

Hi All,

 

been a while since I posted last but was so brassed off with the whole thing that I decided to lay low until the OFT court case started.

 

Anyone got an update on things? I haven't heard anything since the hearing started.

[elsinore]

There's some press comment here and a discussion thread here

 

Els:)

[Wonunderpar]

Fantastic news from the Courts this morning!

 

My stomach's been churning since I woke up.

 

Regardless of the fact that this doesn't necessarily mean anyone will get a payout any time soon, it surely marks the beginning of the end for the banks' main argument.

 

Best news I've heard since my case was stayed last August.