thanks slick;)

hello all Well obviously I am not now going to court in November, ive received a letter yesterday it says:- Dear sir/madam In this claim you are pursuing a bank on the basis that the terms and conditions under which charges have been imposed on you by the bank are unfair within the meaning of the unfair terms in consumer contracts regulations 1999 and/or constitute unenforceable penalties. On 25 July, a number of the larger banks entered into an agreement with the office of fair trading and the financial services authority under which proceedings would be commenced by 27 july and pursued expeditiously in the commercial court to determine on a test case basis these very issues. David Steele J has been assigned to handle the commercial court litigation and, on 30 july, at a case management conference he issued directions with a tight timetable with a view to the issues being tried in january/february 2008. The commercial court litigation has been designed to ensure that the issues are dealt with expeditiously, fairly and in an orderly manner. It is likely that the litigation will either determine or at least give considerable guidance to the outstanding individual cases, including your claim. In the circumstances, the designated civil judge for devon and cornwall is anxious that parties to individual claims in devon and cornwall are not put to unnecessary costs until the outcome of the commercial court litigation is known. Therefore in relation to your claim he has made an order on the courts own motion that the case be stayed with immediate effect, pending the ultimate outcome of the commercial court litigation (including any appeals that may be made) Of course, if either you (or the bank to whom this notice is being sent) consider that irrespective of the commercial court litigation, this individual claim should proceed now then you may apply to the designated civil judge for devon and cornwall for the stay to be lifted. Any application should set out why this individual action should be allowed to proceed now, given the commercial court litigation has been designed to determine the issues which apparantly lie between the parties in your case. In any event the judge will issue further directions in this case once the commercial court litigation has been determined. A copy of this letter and the accomanying order are also being sent to the defendant bank. Yours faithfully Mr B Boulton Just wondering whether I need to do anything now?? or do I just wait and see what happens?? Not feeling too confident anymore!

ok thanx for that slick, well just waiting to go to court now my date is for november.

hello all, ive received a reply from the bank after sending them my bundle, not sure what it really means, it says: since you filed your claim in court, barclays along with a number of other banks has now become involved in legal proceedings with the oft in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. you should be aware that the bank will immediately apply to the court for an order to stay your action until the resolution of the banks proceedings with the oft. As a result your case is likely to be put on hold until the outcome of these proceedings is known. Given this court case we have asked the financial ombudsman service not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. We have asked the financial services authority to suspend the normal timetable for dealing with bank charges complaints and the fsa has agreed to this request subject to conditions that protect your rights. we will keep you updated appropriately about the proceedings with the oft. we can assure you that we have registered and stored your complaint. please retain your bank records as it will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the oft and the banks finish we will resolve your complaint as quickly as possible applying the test case principles. As a general matter we will ensure that your claim will not be adversely affected by the stay of your court proceedings. Its signed by thomas hickey, legal clerk for barclays. what does this mean should i be worried?

hi all, ive finally completed my bundle and its ready to send. just wondering if I need to include a letter with the one im sending to my bank? and if so what does it need to say? Tara

thankyou so much saintly1 your a total star will go and print those out now tara

hello saintly1 dont know if you seen the reply i sent above, would also like to check you said to print out just the link you gave me, i gather thats the early day motion? ive printed that out. thankyou for that but what is the oft summary??

hi saintly1 sorry to be a pain but i followed the link you gave me for the court bundle and statement of evidence, its all printed out but ive noticed that in the statement of evidence there are references to some case files - nicole rich, bounced cheques billion dollar profits, the money programme and peter mcnamara but in the court bundle that ive printed out these case files arent mentioned. there are other case files tho, do I need to find the ones ive mentioned and print those out too? Tara:rolleyes:

hi smutley and saintly1 thanks for that just to check tho, do i need to print out what smutley sent me? if so what about that bit at the bottom with the signed by bits??

hi im looking for a copy of the early day motion from the house of parliament and the oft summary to print out for my court bundle. any help or advice on where i can find it will be appreciated. thanks tara

hello, right after reading the statement of evidence saintly1 gave me the link to i understand things a lot better, but not totally ! can I just check that this is everything I need in my court bundle - 1. my schedule of charges 2. my statements showing charges 3. my statement of evidence 4. copies of the cases on which my case relies (which going by my statement of evidence are - dunlop tyres, nicole rich, and peter mcnamara?) 5. all paperwork between me and my bank 6. my banks terms and conditions ( is this essential?) 7. copies of the ucctr, ucta and soga. ( do i need to print all of those out?? there so long!) Im getting there slowly cant believe how much is involved in this bundle any help or advice will be gratefully received. thanks tara:)

hi again saintly1, ive been looking through the links you gave me, in the court bundle i need schedule of charges, statements showing the charges and a ststement of evidence im ok with that bit but whats the bit about statutes and cases on which your claim relies ie utccr's ucta's and soga's? also where and to who do i send the copy of it for my bank? sorry to be a pain it just all sems so complicated:(

ok will do, thanks for your help:)

hi saintly1, the letter says it has been allocated to the small claims track, within 21 days i must deliver to every other party and to the court a) signed statements containing your evidence and the evidence of any witnesses whether or not you intend to call that witness to give evidence at court. b) copies of all documents on which you intend to rely ( the originals of such documents must be brought to the hearing) thats all it really says. id really appreciate your help here i dont want to do anything wrong after coming this far tara

hello everyone, well finally on the day I was going to ring my local court I received a letter from them. ive got my hearing but its not until 8th november! At least it gives me plenty of time to panic! I just about knew what I was doing up till now but I havent got a clue what im meant to do at court or what documents im meant to take, is that just copies of all the letters and my statements and stuff? and am I meant to let a moderator or someone know my court date? please help Tara