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Here is WRAGGES 6 PAGE DEFENCE - have a read


alice-rose
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Hi Alice

I have had a similar response from Wragge - also a letter today from the local courts advising of a 'stay of execution' due to the big test case.

I am in the process of responding as the court manager has given each party permission to apply to remove the stay, giving reasons as to why the claim should proceed before the ultimate detrmination of the test case.

 

My thoughts are: they have agreed in principle - Section 20 of their defence - to pay anything in excess of £12 - so why not settle the individual case in question? A&L have already offered 2/3rds of my claim plus court fees. What are your views?

Tangated

 

 

A very WARM WELCOME to the forum tangated.

I am sure you will get all the help you need on here.

everyone is very friendly and will help in any way they can.

 

First of all,

you need to set up your own thread.

very simple to do.

this way, everyone on the forum can see your questions, and where you are up to with your claim, and can offer you constructive advice.

otherwise, your questions just get hidden away/lost in someone else's thread.

 

Look forward to seeing your new thread on here.

 

good luck with your claim.

 

alice xx

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Alice can not advise you as it is still a maze out there - but SB case was a hearing that was stayed and not an appeal hearing against a stay.

 

Admittedly not many have won - but other banks have put the big guns in - A&L still have a habit of not appearing

 

See also the lloyds case I posted on his thread.

 

So all you can do is keep reading and calculate whether you think it worth the risk of paying out more monies.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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icon1.gif Courts to the FSA: Allow claims to proceed.

Courts to FSA - Allow calims to proceed (and get them off our books)

I'm getting anecdotal evedence from various sources that the local County Courts are beyond fed up with the current situation regarding bank charges.

Apparently most courts are now being inundated with applications to remove stays on cases - many citing various reasons. Definately a good idea to keep this pressure up on the courts. :-)

This is causing loads of work - and in most cases the courts are not getting fees for it - they are not happy and are calling for the situation to be resolved - fast.

Also - have had two reports - seperately - that judges and other court staff have been told a couple claimants - that 'things may change at the end of the month' and to 'wait till then'

- Dont know how true this is - but it fits with the rest of the news that we've been getting.

 

 

Found this on a thread in general - FSA are due to make a statement on 28th September - so check how long you have to appeal against the stay,

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Bundle for stay hearings

 

just in case:D

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 3 months later...

as the test case gets closer

thought i'd have a quick peep at this thread to refresh my memory

 

can't believe its almost 4 months since i last posted.

and jansus, keen and kind as ever who left me the last post !

 

time certainly flies

 

a little late

 

but heres wishing you all a HAPPY NEW YEAR

 

 

 

happy-new-year.gif

 

alice x

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Well, it's a bit longer than four months since I posted,:rolleyes:but still keeping an eye on the forums.

 

A VERY HAPPY NEW YEAR to you all and fingers crossed with the test case!

 

Hope everyone gets the money due to them early this year.

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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:D hi mimi ...i think its unlikely. but i still love bigmarks post........

 

Scepticism

The move by Lloyds TSB was greeted with scepticism by the Consumer Action Group (CAG), which has been leading the customer revolt against bank charges.

Marc Gander of the CAG said the revised charges were still excessive.

"I think they are still well over the top," he said. "On the basis that the real cost of sending a letter or bouncing a cheque is about £2.00, then the mark-up is still very high."

will A&L follow ......?

 

a & l freedom fighters say no to big brother, and no to cover up cousins!!!!!!!!!!!!!

 

we support A&L freedom fighters

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  • 3 weeks later...

I have to admit that I haven't read all this thread and might be saying something that has already been discussed.

 

In the first post with the defence, para 16 says:

 

16. As to any allegation (if any) that these charges are penalty clauses, they are not. The charges are administrative fees levied by agreement in the circumstances set out above. They are not charged by way of damages for breach of contract. The charges are thus not capable of constituting penalties, and the principles of law in relation to penalty clauses have no application.

 

In light of the changes to the T&Cs and the additional £5 per day, once the charge has been levied, what further admin is taken every day to warrant a £5 charge? Obviously none, so their claim that it is a fee are lies.

 

By the way - has anyone been asked to agree and sign these new T&Cs?

 

I see no difference in this than your local shop adding on a £5 per day admin fee (plus delivery charge) when you have a newspaper delivered.

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  • 2 months later...

Sorry Old Girl,

The claret is a bit 'Musty' (like me!) Glad to hear that you are well though, I'm a more like the Scarlet Pimpernel these days, the banks seek me here, the banks seek me there, and if they coughed up, then there would be no more seeking me everywhere!

 

Give my best regards to the White Rabbit.

 

SQ or ?

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