Shields v FD .... panic mode!

[happynerd]

Panic!

 

I tried the new strategy to allocation questionnaire. Instead of using the motion that I suggested, here's the court order I received ...

 

IT IS ORDERED THAT

 

1. By 4pm on 6 July 2007 the claimant do file and serve on the defendant the following further information:-

a. On what dates did the Defendant levy the charges complained of?

b. How much were they?

c. What reason was given (e.g. unauthorised overdraft)

d. Was the amount charged in accordance with the Defendant's terms of business at the time it was charged?

e. What does the Claimant say a fair charge should have been?

f. How does the Claimant calculate that fair charge?

(a) - © are fairly straightforward.

 

(d) - Do I answer that by simply saying "Yes"?

 

It's (e) & (f) that have me particularly worried. What do I answer? Early on First Direct offered me £200 out of a total claim of £255, which I rejected. I suppose the question they are going to ask me is why I didn't accept that offer if I thought that that £55 was a fair amount to charge. How do I get out of that? :?

[bennyowen]

Did you submit the schedule of claim for charges (spreadsheet) as part of your court papers and copy to the defendant?

 

1. BBC Story - Bank Commission:

BBC NEWS | Business | The Money Programme bank commission

 

2. BBC Story - Bank Robbery:

BBC NEWS | Business | Are penalty charges bank robbery?

[happynerd]

Yes ... sent in schedule of charges with my Allocation Questionnaire.

[happynerd]

Thanks for the links to the BBC articles. What I'm concerned about is the fact that I rejected an offer of £200. I suspect they are going to say that if you think a reasonable amount to charge is £4.50 then why didn't you accept that offer ... the cost of my charges being about £50?

[damjef]

hello,

The fact is you're requesting that your money be returned to you as it has been taken unlawfully...

you are stating and your evidence will also that the charge is a penalty not a fee therefore that is why you did not accept it.

If there is an issue regarding what should be a fair charge then you simply state that you are not qualified to assume what the charge should be however evidence to the fact states that it is automated and is valued within the links pointed out in the post below.

Please accept that this is only my opinion and maybe someone else could clarify this?

[happynerd]

Thanks for advice damjef ... it put my mind at ease. Got to keep reminding ourselves these charges are UNLAWFUL, that's why we're entitled to them ALL back!

 

Wrote the letter in post #8 of this thread, and copied FD's solicitors in. Wait and see what comes of it.

 

Question ... are the solicitors meant to copy me in with all their correspondance with the court because I never received a copy of their AQ to the court? (I assume they will have had to fill one in too).

[dar£n]

Hi nerd, could you edit the word used to describe charges to UNLAWFUL please.

 

These charges have not actually been ruled as being Illegal so it is incorrect for you to state that.

[happynerd]

OK ... edit made.

 

Not quite sure of the difference but I will listen to the advice of those who do!

[dar£n]

Thanks, just eliminates the risk of them having a hold on YOU legally!

[happynerd]

The deadline for me to respond to the Court Motion has been and gone (6th July). I've just phoned the court to see if FD had also responded on time. Turns out that FD weren't issued with a court motion, just me. Is that normal?

 

Anyhow, apparently I've been allocated a 20min preliminary hearing and they'll be writing to give me the date.

 

Is a preliminary hearing the same as a proper hearing? Will FD be expected to attend? Can't believe how far they are dragging this out for £255!

[happynerd]

OK, received the letter from the court. They have indeed siad that there is to be a "preliminary hearing" on the 22nd August.

 

2 questions which I hope someone can answer for me ...

 

1) What's the need for a preliminary hearing?

 

2) What's the likelihood of me being able to change the day coz I've got my summer hols booked for that wk

[happynerd]

Need to make a written request to change the date of the hearing ... which I'll be doing.

 

Just wondered if I ought to request that the preliminary hearing be treated as a final hearing (as it says it can be at the foot of my court notice). Anyone else got done that?

 

dar£n, I noticed in another threat that you recommend contacting DG and just telling them you've got a court date - not mentioning it's a preliminary one - to see if that prompts them into some action. Do you do that in writing or is a telephone call sufficient?

[bennyowen]

A letter, fax or e-mail (if you have it) will be more suitable. You should be able to keep a copy of all your communication with the bank. Telephone calls do not meet that need well.

[happynerd]

I wrote the letter to DG. Read it in this thread.

 

Anyway, all seems immaterial now. Just heard from Bradford Court that my the rescheduling of my hearing that I requested wont happen til after the result of the test case and that all cases being stayed.

 

So near yet so far. More patience now required.