Got the allocation questionaire through last week, strange I have not been asked to respond to the defence though... Is there anything specific I should put in the AQ to ensure small claims track? Amount fits and so anything else I can put in to make the Court see it is a straight forward case? Thanks, Penfold

I saw Dave, it was not really relelevant to me either and it was added as a final nail in the coffin in the skeleton arguement, but the barrister did not even bring it up, he merely quoted a couple of things I have said on here and the fact I have taken action against other banks. I didn't bother saying much then as there was little point as I knew the result half way through my hearing. The problem in my case was not understanding the legislation correctly and my main gripe was the SAR being ignored, but as DPA breach was not in my claim, judge basically sympathised, but that would never get my money back on that claim... Like I have said on another thread today I learned a very valueable lesson although it has cost me...for now anyway... I don't think any of that had any influence on my Judge, he basically said that since I never stood any chance with the claim I brought I was unreasonable not to accept the "drop hands" offer they made me. In hindsight I should have done as there was so much attention on my thread, I should have realised they would never pay me off and had to defend to prove a point, not just to me but others on here... Prabs

"banks aren't perfect" said the barrister to the Judge yesterday in my hearing...

All I will say on my case is in hindsight, I did have genuine issues and Judge made a point several times of saying that he understood that, but I was there for him to give me my money beck, on what basis was that... Unfortunately I had not entered breach of DPA in my claim as he agreed that was an issue, but not for today nor that court... Penfold

LOST IN COURT TODAY... My case had no basis in Law and that was the end of it. The Judge and the barrister listened as I tried to wade through the arguements I had, but this is the nuts and bolts... A Claim should only be made if you can PROVE you have a case. I thought I had a case and could show this in Court, but the Barrister present and the Judge cannot answer my questions that really were for a witness...The Law I was using was not relelvant to my claim and even though the Judge (and the Barrister did to a certain extent I think) said I might have a case under the Data Protection Act that was not a matter for this claim or Court... I was truely splattered all over the Court room and to be quite honest felt like crying as I could see I was getting nowhere! Still big boys don't cry... Be warned - Barristers, Solcitors and the Comapnies are reading this site...I suggest not ever posting exact letters, nor documents and never names. Ask questions that are specific without giving away too much... £1000 costs to pay that I can't...LOL I finished an IVA last year, am debt free and now this comes and hits me bang in the face. I think the only reason it was not much more was the Judge clearly realised that I was not unreasable myself and I did have issues and a case, but not for what I was claiming and so unreasonable in that sense... Oh well anyone got a good letter for making instalments to a Court Order for Costs? Stupid question time...Have I just got a CCJ? I haven't have I, it is merely a court order to pay costs...not the same thing is it.... Penfold

no room in your PM box! Delete sent items!

Well a further update for those who do not know this already... I received their skeleton argument yesterday at 4pm... It did not say much that I did not suspect they would, but it did include two paragraphs that they might regret saying now... "...is one of the two credit card numbers for the dual Visa/ Mastercard credit card account held with the Defendant under the name of xxxxx x xxxxx, the other number being xxxxxxxxxxxxxx (see paragraph 4 of witness statement and paragraph 3 of ammended defence). This is clearly an alias or abbreviation of the Claimant's name, as the Defendant's address is given on a statement for that account..." So firstly he means because my address is accurately quoted on their system it means that a different first name is mine that was used 10 odd years ago!!! I take serious offence to this paragraph and consider it libelous... Views anyone? We are talking about two names here like Mike and Micheal let's say...does that mean it is the same person? Surely to make that comment they require proof, which is impossible as I have never used the name mentioned... Then they are now quoting the Rankine case as a presedence! 1 and 1/2 days before the full hearing they are throwing a case I have not read at me...litigant in person... So what do we recon....are they really throwing anything (rather than everything!) at me? Why? I know because the Law is a double edged Sword and to quote another, live by the sword, die by the sword! They quoted the CCA to me first, I never wrote and said give me my money back because of blah blah like the Rankine's did so these cases are not similar IMHO. But because they are trying to wriggle out of producing documents they KNOW they should still have they are trying their best. The problem is on here the CAGers help each other and come up with nice little gems of our own... Penfold

Thanks Patrick, I'm around indeed and still fighting our friends...

Sparkie, I hope you don't mind, but I will be PMing you along with my gang (LOL) to review the arguements for my case on Friday. I am no longer posting on my thread as I know it is being read....(paranoia setting in...) Thanks, Prabs

Hi Terminator, Sorry I do not understand the relevance of the Wilson case in records being destroyed? Perhalps I am taking it out of context as this issue concerns my hearing on Friday...Cobbetts are going to defend and so I need all the correct ammo in the right order to make sure I win... Hi Sparkie, I am on Small Claims and you were on fast track, did they get costs against you and if not what reasons did the judge give? Thanks, Penfold

I won't ask for an adjournment, my case is strong enough I believe no matter what they try to con the Judge with.... I will post up the skeleton Arguments when I get them for views, but given they have not relied on any statutes or legislation apart from "no debt due therfore no obligation to supply the agreements" they have breached at least 3 or 4 others within the CCA regarding supplying and informing the debtor of things... I am sure they are just trying to make me doubt my case....there is enough arguement there to get a judge to agree something is not quite right about their actions... Penfold

Well an update of sorts.... I just rang Cobbetts to see if they want to settle, but they are adamant they will attend Court and the "Bank has made its position clear"... Even after they sent their witness statement to me and I kindly informed them of one of the blantant errors, they are still going to defend... Am I misguided here....have I missed something or what? I asked them to provide proof of the debts, they have not done that, they sent sellected statements through, but not for all accounts involved. They sent no agreements, no default notices, no application forms, no ID nothing... I have explained to them the various breaches of the CCA, Companies Acts, Money Laundering Regulations with regards maintaining records and they are still going to defend.... Also they are going to send me a skeleton arguement a few days before the hearing, is this allowed given the Court Order all documents needed to be in 14 days before the hearing? Penfold

If you are entering an IVA then I would suggest you enter the debt with a letter to the IP to explain that you are in the process of establishing whether it is enforceable or not...Copy the letter to Moorcroft as well and let them know they are in breach. This will cover your backside if they ever (and I very much doubt they will try) to take you to Court! Penfold

yup the automated letters sometimes throw up some funny dates and facts! Penfold

Are you sure there is no agreement? Whether you know or not, first do the usual CCA request, then once you get your response post up on a thread regarding Barclays and someone will be along to help you through it. Penfold

Yup I agree....do you think any of us will actually get there....I doubt it very much and OFT and the Banks will thrash out something no doubt....

Well DG are defending and he was a barrister in counsel so I assmue he was... I never asked...LOL

Well guys the expected happened... Went in and Lady Judge was there, without going into too much detail she firstly did not understand the claim (Bless her) and in fact the DG Barrister helped her (and me indirectly) to make her understand. She listened to my arguements and asked about hardship and evidence of this, she asked about the default and read fully the bit I have writeen about the Berhens case. Then she basically said the High Court judgment was regarding defaults and adverse post the stay which was not in my case, in fact the default was pretty much nothing to do with the bank charges case at all...ouch! She said stay maintained until 30 September and this would be better for me in the long run anyway! OK Ma'am... I asked about costs because of the wasted hearing and delays she said it is not normally given at this stage, but she would allow costs to be reserved upon final judgment, so I guess that is good for me... Anyway when I left the barrister said I should take a seperate action against HSBC regarding the default under DPA...LOL I was thinking the very same myself and he seemed a decent chap really... So wait another 3 months to see what the OFT can come up with... Penfold

In hindsight, I should have written back to him to ensure my SAR was sent promptly as I got my info several months later! I suggest you write back with your issues including you do not feel the full SAR has been sent, they are / will be in breach and can they confirm that there is no charge on the mother in laws prop etc...spell it out so ANY COURT will understand what you have asked... Penfold

Oh well, Cobblers have not sent me any letters of settlement, so I guess Friday will be a Court day for me...I still can't believe they are going to subject some poor counsel to a barrage from me and the DJ for the way their clients have behaved... Oh well they know best I guess, mind you this is the company that sent me a schedule of charges over £3000 with their bundle on a small claims track case with no evidence in defence, just a load of errors in their witness statements. Hay hum, like I said I guess they know what they are doing, but I will not settle for less than the full amount being claimed now, I'd rather get nothing in Court than let them off for the way they have behaved... Penfold

good luck BAE, Amber filled defnce as you know and today I got AQ to fill out...I will try to add in the bit about full disclosure of costs... Penfold

Oh well we were all Court Virgins once...LOL

so going back to auds posts yesterday, do we have a point or not? Have they changed the charges and made them worse? What about the Barclays drop in price, can I use that on Monday at all? Prabs

Can you scan / post / email or something so we can see if we can use this against them? Is the new one worse...I know the HSBC counsel won't have a clue...but I'd like to know for sure before making a DJ harrass them...

on a side point here and I am prob having a blonde moment...(we've been here before) but it does not state when this was updated....Auds how do you know it was recent? Overdraft Service: HSBC Bank UK Prabs