Claims transferred to Southend...

[TJ.Daws]

Hi

 

I am also due at Southend on the 17th July. My one is at 14:00pm and like everyone else I am pooing my pants. Aaaahhhhh!

 

I've read through what seems like loads of threads but the general consensus seems to be that we don't need to go fully armed with documentation. Is this correct. I've got the basics together but am not sure what I need at this point.

 

Help...

 

TJ

[newbody]

Updated list of thoose of us going to be there on the 17th july and times we are in

 

gig1965 10:00

spurs1 10:30

sf20864 11:00 (non-attending)

bonking 11:00

Newbody 12:30

rsspence 12:30

TJ.Daws 14:00

rosemarymadder 15:00

[mobrien62]

Lets all have a party in Southend my appointment is 12.30.

[unlawfulbankers]

Have just read the threat inamuddle suggested.

 

It seems that most banks are offering a settlement prior to the Allocation meeting and if not then when you get to court the Judge advises that the bank have agreed to settle. Thanks for posting this link, it has cheered me up:D . Read Bankfodders comments but think I am being a bit thick and need to re-read them several times as still didn't understand what I need to take with me! It appears you are only allocated 5 mins with the judge anyway.

 

Have Abbey contacted any of you that have 17th date? I think a number of the people who hadn't been contacted by their bank on the other thread, rang their bank to remind them of their approaching date and they e-mailed them with a settlement offer?

 

As mentioned, my date is the 25th at 14:00pm.

 

Good luck eveyone!

[bonking]

hi everyone. not sure, what paperwork are we supposed to take? court have the photocopies of statements and correspondence.do we list all in chronological order and mention the money programme and oft investigation with our opinion on why banks are dispropportionate. we really should meet up and swap notes about this.forum 17th or costas/starbucks on the day? bon x

[bonking]

ps i'm the nervous looking one,petite with red hair, a folder in one hand and a cig in the other.

[mobrien62]

I will be there, on crutches, broken metatarsal, just like Beckham!!!!

[mobrien62]

The court told me when I rang we do not need to bring anything!

[rsspence]

I am sure that if instructed to bring nothing, then this is exactly what to do. I am sure the judge is on top of it all. I was going to take draft order of directions and statement to ensure small claims route, but will not bother.

 

If we only get five mins then I amsure the judge will just read out his directions and see who has any issue with them. Job done.

 

See you there 12:30

[Glenn UK]

Hi there

 

Sorry have been away hence not responding sooner.

 

Re CI, well the judge is unlikely to say go for it, in fact he said quite the contrary when i met him before.

 

However, now i have amended my POC to tackle the issue for a different view point IE utccr and account of profits.

 

something else that scuppered me last time was that abbey made an offer about five mins before we went in and i made some mistakes. If they have not made you an offer they will probably try this tomorrow.

 

Id stress you must say that you avoid any discussions if possible and if you cant then you stress that they are on a without prejudice basis. unless you are prepared to take what Abbey offer.

 

Some people are saying you don't need to bring anything, all i can say is that from my experience you should be prepared to present your claim at least in brief and be prepared to defend your position if required.

 

Abbey my challenge your right to bring a claim for charges older than six years if you have any and your right to ask for CI.

 

If you turn up without the necessary knowledge to hand you are likely to loose that portion of your claim at the direction shearing.

 

It could be of course that abbey do not attend or don't try these tactics, personally i would bank on neither and would be as prepared as i could.

 

I am no expert but this will be the 4th time i have attended court in relation to my charges claims and every time i have had to do something other than simply listen.

 

 

Glenn

[newbody]

thanks for that Glenn i knew you had appeared before the judge at southend in the past and just wanted some words of wisdom from you thanks for your time

[rosemarymadder]

definitely feeling stressed now!! dont know what to take with me, and if indeed i will remember any of the points of my argument (even if i knew fully at this stage what that was going to be).

 

Glenn sounds fully switched on and even he had problems..... sent an email to clare fletcher but surprise, surprise had no response... should have known would not be that easy.

 

well have got rest of the afternoon and evening to figure out what to take. wonder if anyone will still be around at 3.00

 

Rosemarymadder

[TJ.Daws]

Hi Rosemarymadder

 

I know exactly what you mean I am also in full fledge panic...but will be there no matter what. I also emailed Clare thought I'd show willing at trying to reach a settlement, she replied with in about half an hour and said 'Thank you for your offer of settlement. Abbey has however instructed Counsel to appear at the hearing tomorrow, and is not in a position to negotiate settlement pending the outcome of that hearing.'

So there you go, basically its down to tomorrow. Can anyone confirm if anyone has heard of anything being thrown out at this point. That is my huge worry that somehow I have missed something or done something wrong despite pouring over threads until my eyes are going to pop. Also just to check that I don't need a full court bundle at this point. Anyone out there can give me a 'this is what you need tomorrow...' At the moment I have various documents together in a file including what I hope is information supporting why my case should be handled at small claims court but I have never felt quite so uncertain of my own arguements. The problem is I think I have almost read too much and now have lots of conflicting info in my head.....HELP!!!!!!!!

[gingerninja]

Has anyone else who's case has been transferred to Southend been given a stay until 13th september (orders of the judge)????

I don't want to be all on my own the bank will chew me up and spit me out lol

[newbody]

RE 17th july subject to trains being on time i should be there about 930ish

 

i am taking a basic outline of arguments with me Why i am entitled to money back UTCCR and case list that backs it up Sale of Goods ACT

 

Why i am entitled to CI over Simple interest +CASE LAW

 

and why i think CI should be at 28.9% instead of courts 8%

[Glenn UK]

I suggest writing out some notes concentrating on the salient points of your case and of course trashing the banks case if you can.

 

Personally I will take my file along with me and any case law i intend to cover.

 

Don't be nervous, just try to prepare the best you can.

 

I haven't heard of a claim being thrown out in its entirety, but i have heard of elements of claims being so, charges older than six years and CI being two issues in point.

 

If your claim is straight forward charges with stat interest then i doubt there is much danger of it being dismissed.

 

As long as you remember the key issues i.e.

 

the charges are a penalty levied on you on YOUR breach of contract. There is plenty of evidence in the public domain to show that the charges exceed their costs significantly and the case should be allowed to proceed to trial unless the defendant is prepared to settle. They have failed to settle so far i presume otherwise you wouldn't be going to court.

 

HTH

 

Glenn

[rosemarymadder]

just got myself into a state and then realised that CI does not apply to me...phew..

 

what does everyone think to the argument that the true cost of bouncing a cheque etc must be very little if the bank can afford to waste money. i.e my claim (had it been settled at the beginning) was £3073.00. now because of using the court as a delaying tactic in the hope that i will give up, (what other reason is there to drag it all through the courts and then not show up?) it now stands in excess of4110.00 and rising. well over 1000.00 wasted on not settling early.

 

not very good at remembering legal jargon so thought i needed to think up a me type of argument.

 

any thoughts would be much appreciated.

 

no response from clare fletcher:rolleyes:

[Glenn UK]

Rosemary

 

the arguments for the charges being penalties are set out in the FAQs and your POC i think.

 

As much as their waste might be an indicator, it hardly constitutes evidence as to their charges being penalties. The competition commissioner reports, the Financial Ombudsman report etc all point to them being penalties.

 

Don't get too complex use the info provided and don't be put off.

 

Forgot to say the judge is a nice bloke and will explain and give you a chance to explain where the need arises.

 

HTH

 

Glenn

[Lula]

Good luck to you all tomorrow, i have no words of wisdom to offer, but all the very best of luck

[rosemarymadder]

thanks Glenn, still got some time left to swot up.....

Rosemarymadder

[TJ.Daws]

Hi Rosemary

 

If your like me it does sometimes feel like your going round in circles a bit. My claim is very similar to yours i.e the actual charges were £3555 and now with the interest abd court fee its up to £4430 and thats just basic stat interest and without any additional costs for the prep of Court Bundle etc. I can see why they are pushing it but it does seem a bit mad when it will cost them soooo much more. But I guess they still want to keep how they come up with the costs of their charges under wraps. Anyway I may see you there as your an hour after me.

 

Anyone got any idea how long it takes??

 

Also any advice if a settlement is offered before the actual hearing or is this unlikely to happen so not an issue.

 

TJ :?

[rosemarymadder]

thanks TJ for the moral support, i have just read through the UTCCR and the UTCA has anyone highlighted relevent parts of this to give to the judge? it is so wordy not sure what to do with it...

[Glenn UK]

Guys

 

i doubt this is going to sound good however i put it, if you havent read here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html then you should have done so.

 

I have had a quick look and its a start, do a trawl through this link then look for others in the FAQs.

 

May i suggest you simply copy the relevant bits and highlight it if necessary read from it tomorrow to support your claim should you need to do so.

 

As i have laready said if your claim is straight forward chances are you wont have any problems but it is good to have an idea what the arguments are in case someone asks.

 

HTH

 

Glenn

[TJ.Daws]

Thanks Glenn,

 

Can you also tell me if the 'Case management representation' template in the Abbey - Abuse of Processes thread could be used at this point in support for getting the case struck out.

 

Thanks

 

TJ

[rosemarymadder]

thanks Glenn have read it and decided to highlight relevant sections, thinking that the judge will be open to the fact that we are not used to this setting and are nervous etc. i am getting too carried away with the fact that i have already nearly prepared my court bundle and i dont know which bits to take.

 

will calm down with a glass of red!