un1boy - N1 issued for breach of CCA request

[un1boy]

ok, so the bank has issued their defence - but I have not got a copy of it..the case is up with the judge for directions apparently, but I thought they had to send me a copy of their defence?

 

Also, I keep receiveing letters from the DCA telling me that their client has not received anything from me and therefore if I do not write to them with details of the claim, they will begin activity agasint me and starrt legal action - lmao!!!

 

How can their client not have received anything from me but actually acknkowledge and defend my claim? A case of the left hand doens't know what the right hand is doing?

 

Surely the solicitors should contact the DCA and tell them to suspend everything?

 

I am also going to forwaard copies of all the letters from the DCA to the court, so the Judge can be made aware that they are trying to enforce an unenforcable agreement.

[un1boy]

Right, they have defended and it is up with the judge - now, I have not received anything form them, not even a copy of the defence- aren't they meant to send me it under the CPR?

[tomterm8]

I would suggest calling the court, and asking what's happened to a copy of their defence.

[un1boy]

Thanks Tom,

 

I told the guy at the court I have not got a copy and he said, "well, it's up with the judge so he'll give directions" I asked him to send me a copy and he said the same!!!

[M.Willows]

Sorry Un1boy , I don't know the answer maybe someone can help

BUMP

[un1boy]

It's ok, thanks. The case is due back down today, so I'll call them this afternoon after the meeting I have (or during, if I get a break!) and see what they say - I can't wait for their defence.......I bet they say that the FOS ruled I should pay so I should, lmao!!!

[un1boy]

Oh my god - I called the court and was told that the claim was still up with the judge and that it could be anohter week (that would b 3 that it's up with the Judge)

 

Also, they said that he was considering all bank charges claims - I said it had nothing to do with bank charges........they were like, oh, has it not? Well, that's what it says on the system.

 

I don't believe these bloody people!!!

[hellhasnofury]

Hello Uniboy,

 

 

Just to let you know that I am rooting for you. Good luck and may the force be with you.

[un1boy]

Thanks for your post hallhasnofury!!

[tomterm8]

Oh my god - I called the court and was told that the claim was still up with the judge and that it could be anohter week (that would b 3 that it's up with the Judge)

 

Also, they said that he was considering all bank charges claims - I said it had nothing to do with bank charges........they were like, oh, has it not? Well, that's what it says on the system.

 

I don't believe these bloody people!!!

 

That's interesting. Makes you wonder what he is thinking, doesn't it?

 

It's unusual, that's for sure.

[un1boy]

I know tom, but it's sooooo annoying that my file has potential got clogged up in the system because they thought it was for bank charges - do they not read the claim summary and/or POCS?

[hellhasnofury]

I know tom, but it's sooooo annoying that my file has potential got clogged up in the system because they thought it was for bank charges - do they not read the claim summary and/or POCS?

 

If it wasn't so serious and frustating it would be funny, like a comedy of errors:-o Just goes to prove the financial institutes cannot and do not read our letters. neither does the court. God help us.

But we do need for sanity sake, believe that justice will previal.

 

[patrickq1]

i hope uni you are sending in the dca letters as well to make a further case for harrasment ,perhaps then both can get hauled over the coals for improper conduct

[tomterm8]

I know tom, but it's sooooo annoying that my file has potential got clogged up in the system because they thought it was for bank charges - do they not read the claim summary and/or POCS?

 

I'm not convinced that what the court is telling you is the whole truth. Sure, it's up with the judge, but normally all that happens is that the judge will send you a copy of the defence and a form asking if you want to continue. It normally takes only a few moments to deal with this stage of affairs.

 

i wonder if the judge is seeking advice from collegues (read: his/her boss) about how to handle the case? in particular, whether to transfer it to a commercial court?

 

interesting times.

[un1boy]

i hope uni you are sending in the dca letters as well to make a further case for harrasment ,perhaps then both can get hauled over the coals for improper conduct

 

Of course!!

[un1boy]

I'm not convinced that what the court is telling you is the whole truth. Sure, it's up with the judge, but normally all that happens is that the judge will send you a copy of the defence and a form asking if you want to continue. It normally takes only a few moments to deal with this stage of affairs.

 

i wonder if the judge is seeking advice from collegues (read: his/her boss) about how to handle the case? in particular, whether to transfer it to a commercial court?

 

interesting times.

 

Well, it's been with the judge since 20th August now - how/why would it be transferred to a commercial court?

[tomterm8]

Well, it's been with the judge since 20th August now - how/why would it be transferred to a commercial court?

 

Either the defendant would have applied for it to be transfered to the commercial court, or the commercial court could do it of its own initiative.

 

IMHO this case fulfills the criteria of a commercial court case, because it is significant enough, complex enough and relates to banking services. But it would be better for you if it were dealt with in the county court, and i hope it will be.

[un1boy]

So do I - can you tell me about a commercial court? I have no idea what it is/does.......

 

I can't see why it would be transferred if I am a layman claimant....

[lookinforinfo]

Don't panic Un1boy. Wait until you hear what the Judge decides. My case was

with the Judge for around three weeks before he allocated a Court hearing.

Also as you have not seen their defence, it may be that they have slipped in something about bank charges to delay the case. On the other hand it may just have been the Court official second guessing the reason for the case and

getting it wrong.

Just relax and wait-you'll be fine.

[M.Willows]

My claim was with the judge for quite a while as he was off sick ,so I was told ,it went through though ok in the end, sometimes better not to speculate.

[un1boy]

Well well well, I think I have proof here that stays are being automatically granted without reading the claims.

 

I got an order today advising me that the claim is being stayed. Their defence is purely about bank charges and the UTCCR - it mentions NOTHING at all that my POCs refer to.

 

I am absolutely fuming!

 

Thiss Judge has clearly not read my POCs beacause otherwise he would realise the defence is invalid.....I have faxed the court a letter to that effect and asked that the Judge relook at the claim, along with an explanation as to why my POCs have not been read. I h ave also told him that if he grants the defendant more time to enter a new defence I will vigourously appeal the decision.

 

I thought that the Judge was suppose to read defences and check that they relate to the POCs?

[tomterm8]

I have faxed the court a letter to that effect and asked that the Judge relook at the claim, along with an explanation as to why my POCs have not been read.

 

OK. i might not have phrased it that way, LOL:)

 

Just shows, doesn't it? Just cause they have a title, doesn't mean they will read everything:)

[un1boy]

OK. i might not have phrased it that way, LOL:)

 

Hehe, it wasn't.....exactly....

 

Just shows, doesn't it? Just cause they have a title, doesn't mean they will read everything:)

 

I know, but the whole point is they are meant to, aren't they?

 

When he looks at it again, I bet he gives them more time to enter a defence - I can't believe that the actual defendant have defended it compelety wrong too!!!

[humbleman]

Un1boy

 

Any more on this

[un1boy]

Not yet Humble, I complained to the custoemr service manager at my local court and she sent the case back to the judge the next day - I will call her on Monday to chase and will let you know.