Help! Close To Court Hearing Now!!!

[caro]

Hello everyone,

Its my first time at this so pls bear with me:) .

I have been reading the judges threads and replys and im finding them all fasinating!!

I am at the stage were YB/CD have sent me a copy of there defence all seems pretty standard reading ( Its my own fault for not having money in the account, its in there terms and cons etc) However allthough i used the letters from this site at the begining i regretably did'nt use the template when completing the MCOL form i used my own words:confused: Now i have been sent a copy of there defence with a CPR part 18 request for further information - basically i forgot to include my schedual of charges stupid i know!! I have now got these ready to send to them. But so i dont make any more unecessary mistakes is it worth sending a covering letter explaining that only a full settalment will be accepted and would they like to settel out of court?

 

Finally if anyone has any advice on what happens now and how or what i need to do it would be greatly appreciated as im owed nearly £3000 by these EDIT men:evil:

 

Kind Regards

Boobop

 

I'm not really up on part 18 requests, but as I understand it, they should not be necessary for a case that is likely to be allocated to small claims, especially as they've managed to supply a defence without all the information. Are they just after a copy of your schedule or is there anything else they want?

[caro]

I'd just send them a schedule of charges, and one for the court too if they haven't had one.

[caro]

If your case hasn't been transferred to your local court yet then send it to Northampton, making sure the claim number is on it with a covering letter to explain what it is. If you need more help stick to this thread which will make it easier for people to see your progress so far, and help and support you.

[caro]

You can add to peoples reputation by tipping the scales, and when they get enough reps they get another green blob by their name to show they're helpful. The more posts people have, the more their reps their clicks on the scales add to the persons total.

 

It's not always a good indicator though as sometimes people just click on their friends scales for no apparent reason. Some people have the facility switched off for that reason.

[caro]

If there was a problem with the POC, YB would have applied to get the claim struck our instead of responding with a defence. If you'd like to post your POC we can take a look and check they're ok to put your mind at rest.

[caro]

No probs Celicaman. Better to be advised twice than not at all. At least we both said the same thing which is always a good sign. LOL

[caro]

Boobop, I'm afraid that your POC is inadequate, and I really think that they should be amended. I don't think you can amend them when you send the bundle, as an amendment means that the bank must have the opportunity to amend their defence to reflect the changes, and that would not give them sufficient time. The bank may have overlooked the POC, but I doubt the judge will, and you have not said anything about the legal basis of your claim, so s/he may strike the claim out anyway. Far too risky to leave in my opinion.

 

You also need to deal with the default issue as part of your claim, so MUST deal with this at the same time, or it will be nigh on impossible to sort once your claim is settled.

 

Did YB actually default you, and if so, was it for more or less than the amount of your charges?

[caro]

The judge would not see the bundle until approaching the court date and if Boobop got to court with that POC I honestly believe that she would lose. Normally this would be considered an embarassed POC, and the claimant is often given 7 days to amend it. YB and the other banks have made applications for strike outs on these grounds many times. The bundle is merely backing documentation to support the claim, and you can't rely on that alone. Your claim needs to be right.

 

Sorry to be so blunt Boobop, but better to find out now than in court in a few months time. I'll get a second opinion just to be on the safe side.

[caro]

Actually Boobop, could you post your defence up first so we can just check exactly what it says.

[caro]

Definitely looks like fairly standard defence. Regarding the default, you most definitely need to include it on your POC. From what you say it would seem that you were not warned that a default was imminent if you didn't pay, or were sent a default advising you of the default, so I think it was probably not properly executed. Include it in your claim, and under no circumstances accept the monetary settlement without the default removal, or you'll probably never get it removed.

 

I'll see if Jonni2bad is about as he has more knowledge on this subject than me.

[caro]

Your POC can be as long as it needs to be to complete your claim. You'll need to explain why you believe it should be removed. The POC is probably more important than the bundle. I'm sure Jonni or someone with more knowledge of defaults will be able to advise. What is important though is exactly how much the default was for, and how much the charges are that you're claiming.

[caro]

How much are you claiming in charges?

 

Also, you mentioned PPI.

 

1. Would I be right in thinking that this was put on at the beginning of the loan, and so you were paying interest on that too?

 

2. Did you ever get anything back for it?

 

3. Did you choose to have it, and were you informed that you could get it elsewhere?

 

4. Was any of the loan to pay off an overdraft made up of charges?

 

I'll find out about exactly how this should be done on the forms.

[caro]

Why would you have to have 1,000 added to the loan to get rid of the PPI?

 

By the way this should be of interest to you. http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

[caro]

I can't help thinking that someone was trying to sell you something that they shouldn't have.

 

I think your best plan of action is

 

1. Amend your current claim as Jonni has suggested.

 

2. Did you do a S.A.R - (Subject Access Request)? If you specified any account numbers then do another one to try and get info on the loan and the PPI, unless you already have everything.

 

3. Look into the PPI issue and see if you can get that sorted.

 

4. Look into getting default removed from your loan, and also of course any charges that may have been added to your loan.

 

You have a lot of work to do, but people on CAG have achieved all of these things (except getting info on loans and PPI off YB) so once you have sorted your problems on this claim, and when you have some spare time have a good look around the rest at the site. The search facility can be a very useful tool.

[caro]

I think you're on the right lines. There's a bundle in the library for hearings such as this which should help, but it's important to put as much that's relevant to you as possible. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

[caro]

It's a new one on me too. My first reaction is that it's a ploy to keep the stay in place and telling the judge they've offered you this ex gratia payment. Have you done a bundle for the stay hearing?

 

We are finding that because the OFT court case is so close stays are not being lifted anyway.

 

I'll see if I can get some opinions on this but I'm inclined to suggest that you'll discuss the issue with them at the hearing next week, in front of the judge unless they want to offer the full amount including your court costs and interest to date.

[caro]

I agree Hils. YB are not known for their kindness and consideration which is why I'm suspicious. If you're happy with it Boobop, then I'm glad you'll get at least some of your money back sooner rather than later.

[caro]

They usually pay by cheque and take there sweet time about it. Don't stop any action or sign anything until you have the money in your hand. Go to court if necessary and say the offer was made, but the case not fully settled, if settled at all by then.