Hi Everyone Just wanted to let you all know that after much two-ing and fro-ing i have finally received my cheque!! Yeah I had to get baliffs involved, and miraculously they sent a cheque straight away......... although funnily enough I have had a note from baliffs today to say they have been unable to execute the warrant as the debtor has insufficient goods !! Don't know what thats all about? Anyway, thanks again to everyone that helped me, and if your case is still ongoing please don't give up - I nearly did so many times, but thats exactly what they want you to do!! So please don't - you will get there in the end!

It is empowering - there is no way I would of got this far without this site, and I do feel that i've learnt an awful lot along the way, so thats all good. However, I have been disappointed that it is so difficult for the ordinary person to challenge big institutions, and that our judicial system is so difficult and complicated to use - I have nearly been put off so many times because I didn't understand the language etc, which is just so unfair. Without sites like this it would just be impossible to do. I've written my letter now so I will post off tomorrow. I have met the Judge twice now and I do respect his decision so just have to trust in his judgement now!

Hi All There has been a further development today. Unbelievably DG has written to me to apologise for not attending court on 5th October - apparently there was an 'unfortunate oversight' at their office and they failed to make arrangements to send any one. Even more unbelievably they have written to the court to ask that the Judge consider reinstating their application and appoint a new date for the hearing!! and they have enclosed £40 chq to the court. I am just going to compose a letter to the Judge urging him most strongly to consider reinstating their application and then saying NO, as I really feel they are making a mockery of the whole system. Unbelievable!

Hi Everyone Just to update you - I still haven't received any money! I'm off to court today to get WOE. I can't beleive that they haven't paid up the miserable *$?*! Do they really think that I'll just forget about it after all this?

Hi I think exactly that - it would cost them more to send a barrister etc than to pay up - and after your win it just wasn't worth it. The Judge had read my bundle, and I checked on the royal mail web and DG got it too - just snuck in before the postal strike. I think this also contributed in them not showing up.......... Hopefully my money will turn up soon!

Hi All Great news (sort of)..the Bank failed to turn to today to the application hearing so the Judge declined to grant their request to have the Judgement set aside and a stay imposed!! Yeah!! The Judge was very annoyed with them and awarded me an extra £20 to cover costs. I did ask him if their were any more avenues that the bank could go down now, and whilst he didn't really answer he did say that they were going to have a difficult job convincing him to set judgement aside today, and they'd have an even more difficult job after not showing up today!! I'm still not counting my chickens until i actually get the money though. Does anyone know how long (if at all) I now have to wait before I can send the baliffs in (the original timeframe they had to pay has long since expired). Do I have to wait for another order to come through or go on the original order?? Anyway thank you so much to everyone that helped Sydsmum, who then helped me........at the begining of the week I wasn't feeling very hopefully of a positive outcome - and look at us now. Thank you again everyone - I couldn't have got this far without you all (and once i get my money I shall be making a donation!)

HI Debs yes I am all set - I'm feeling a lot more confident now thanks to you guys. To be honest before I came accross your thread I just assumed it was a foregone conculsion that a stay would be granted, but now I feel like there is a chance!! I am due in court at 12.45 (strange time - I thought they'd have a lunch break) so I will post the result as soon as I get back

Hi All Just to let you know that I have copied everything, delivered and posted it all!! Phew. Got extra copies for friday as well just in case........ I don't know who the Judge is as it does not say on the Notice. But fingers crossed!! Hopefully we will get same result, but as I'm learning - you never do quite know!

hi Debs I've just finished pulling it all together! Yeah - got to dash to staples now though to get it copied as not enough ink in my printer!! Thanks for all your help - I couldn't of done it without you. Just hope I get the same Judge you did on Friday. Incidently has anyone else contacted you who is at Derby court on Friday - I get nervous going there (it makes me feel naughty!) and it be nice to know someone!! Thanks again - don't do too much housework Dawn

Ahh I understand a what you mean now. Yes I requested a Judgement, the Court did not make it of it's own accord. I'd understand that that meant 3.3(5) wouldn't count but I didn't realise that the relielf from sanctions wouldn't either. Incidently, did you have to actually say much during the hearing - your post said that the Judge was quoting from your arguement, but did you have to state your case??

Hi Debbie Yes the OFT Waiver, the case you mention and the list of dealt with cases would be great. They are using CPR3.3(5) and the wording of the whole direction is exactly the same as yours appart. You've confused me now though - are they refering to judgement order of directions order (like I say, wording is the same as yours)

Hi Debbie My directions were exactly the same as yours albeit the dates were different. I have ammended your arguement accordingly and it all makes sense, but I could really do with copies of the OFT Waiver and the cases you relied on. Any chance you could send those to me asap. My case is on Friday and I need to get this stuff off asap Many thanks

They have 21 days after I have submitted mine to then submit theirs, but looking at these threads it does seem that they don't bother and offer prior to that deadline. I am away on hols until 6th July but i have told dg that in letter. Derby County Court seems to go straight to the point - there was no AQ and the directions from Judge were very clear - he wants dg to provide justification as to how much it really costs them to process unauthorised overdrafts. Hopefully this means the Judge is sympathetic!! I am surprised that I have had no contact from dg at all - no offers (partial or otherwise) as I think I am claiming for a relatively small amount compared to most of the threads on this board. Thanks for your help

The court bundle has to be returned within 21 days of service of order (which was 11 June). As I am holiday end of June/ begining of July I am preparing it to get it sent. I have also sent nudging letter today to dg. I have based my bundle on your thread 'Court Bundle for dummies' - it was great, many thanks

Hello all Firstly thanks for all the help and support these forums provide. This is my first post because I have found most of the info I need without having to ask! I am currently claiming a total of £682 (including interest and court costs) from HSBC and have just received a hearing date of 17.08.2007 at Derby County Court. I am just preparing my court bundle as per directions on the order and have 2 questions (which are very basic!) 1) In what format should I present the court bundle? i.e there are about 200 pages - should these be placed in a folder, or binded together in some way?? What is the protocol?? I am sorry if this has a really obvious answer but I know the courts are inundated with this information and I'd like to send it in the most user friendly way. 2) Re Schedule of charges. I am claiming statutory interest at 8%. When including the Schedule of charges should I include interest calculated from date of charge to the date of claim (05.04.2007) or todays date?. My original claim stated I would be claiming interest at stat rate until date of judgement or payment. Thanks for your help - like I said I seem to have got to grips with the complicated legal bits - sometimes it's the simple things that are most complicated!!