Good luck Karen - I wouldn't expect it much sooner

It's all over. Received letter this morning::grin: I act on behalf of Citifinancial Europe Plc and enclose a cheque for £431.85 in full and final setlement of your claim. Please could you inform the court that this has been settled. Will bank cheque this morning. I can't believe it is over, I started with my Data Protection Act letter on 29 May 2006 they certainly like to test your endurance. Can someone please change this title to Jax1964 v Citi SETTLED

I have sent back to Cobbetts Reply to their CPR part 18 request My CPR part 18 request to them A copy of my amended particulars (that I will send to the Court if they request it) Now I wait.

Up-date. Citi did not send me their standard list of disclosure or their witness statement so I paid my £35 and sent in my proposed order based on the Lincoln one. Saw judge who made his own order: 1. Unless the Defendant do by 4pm on Tuesday 10th April 2007 file and serve their List of Documents the Defence shall be struck out and the Claimant shall be ebtitled to judgement without further order. 2. Unless the Defendant do by 4pm on Tuesday 10th April 2007 file and serve their Witness Statement the Defence shall be struck out and the Claimant shall be ebtitled to judgement without further order. Still received nothing from Citi so applied for judgement and got it. Finally yesterday, the judge has ordered the defendant to pay the Claimant forthwith. Good news - just hope Citi comply with this order - they haven't to any of the others.

Thanks for that Scott. I have found some info on UCTA 1977 and am avidly reading and trying to get my head around things. Jax

UCTA is Unfair Contract Terms Act 1977 ("UCTA 1977")

Sorry to bump this but can anyone help with point 4 of CPR 18 request: Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of Unfair Contract Terms Act 1977 ("UCTA 1977"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA.

I have managed to do most of the CPR part 18 request but can anyone help with point 4. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of Unfair Contract Terms Act 1977 ("UCTA 1977"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA.

Can anyone help me get my head around this defence and what I need to do now - ant help is really appreciated: The Defence from Cobbetts: 1. THe claim form does not include a Statement of Truth signed by the Calimants. The Court is invited to exercise their case anagement Powers under Practice Directions 7.1 of the Civil Procedure Rules to strike out the Particulars of Claim in their entirity and dismiss the Claim or make other Case Management Directions as are considered appropriate. the following Defence is entered strikly without prejudice to the foregoing contention. 2. THis defence is filed and served without prejudice to the Defendants case that the Particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claim is not properly particularised then theDEfendant will apply to strike out the claim and/or for summary judgement in respect of the same. 3. Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimant's bank account, insofar as such charges were debited on a date or daets more than 6 years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or for the summary judgement. 4. No admissions are made as to what charges have been debited to the Claimant's bank account. 5. The Claiamnt is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited (b) the amount of the same and © the description applied to the charge. 6. In relation to the allegation that tyeh contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 (UCTA 1977) and/or the common law, and the Claimant is required to identify: 6.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable and 6.2 the contractual provision(s) that he Claimant alleges are unenforceable by reference to UCTA. Until such time as these sections/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 6 above. Ther Defendant therefore reserves its right to plead further to the allegations once (and if) the Claimant identifies the relevant contractual information. 7. To assist the Claimant with the proper particularisation of the claim(s), the Defendant serves with his defence a request made pursuant to CPR part 18. If the Claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the Defendant will aply to the Court for (among other things) an order striking out the claim. 8. Pending the proper particularisation of the Claim(s) the Defendant is unable to plead to the Claimant's claim(s) beyond at this stage denying that the Defendant is liable to the Claimant as alleged in the Claim or at all. The Defendant reserves its right to amend this Defence to plead further to the Claimant's claim(s) once or if the claimant properly particularises the same. 9. SAve as hereinbefore appears the defendant joins the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.

CPR Part 18 request states. 1. In your claim you state: The Defendant debited charges and interest in respect of purported breaches of contract" 2. Please provide the following particulars in support of your claim: 2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same. 2.2 In relation to each charge, please clarify the following: (a) is it the case of the Claimant the came should not have been charged?; (b) If yes; please explain why the claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identfy the sum the Claimant contends should have been charged. (e) If no; please state the claimant's case. 3. In your claim you state that the charges are; "unenforceable under the Unfair Contract Terms Act 1977 and at Common Law". 4. Please specify all of the facts relied on by the Claimany in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of Unfair Contract Terms Act 1977 ("UCTA 1977"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please identify the contractual provision(s) that he Claimant alleges are unenforceable by reference to UCTA. I understand part 2.1 - this is another copy of my schedule of charges, but need help with parts 2.2 and 4. Would be very grateful for any help. I should also like to send them my CPR part 18 request asking for disclosure of charges etc - can anyone suggest how this might be worded and anything else I should request.

Put my claim against Natwest to Court but had no acknowledgement. Phoned Natwest and they said they had received it but had forwarded it to the local office (right next door to the Court as it happens) for them to deal with. Requested judgement and got it.No payment rec'd so rang Natwest who put me through to their Litigation Department. They said they had not rec'd the Court Application and therefore hadn't acknowledged it. They said they would put in to have judgement set-aside, but, as we were within our rights to have sent the bailiffs in and have called them before doing this, they appreciated it and would check the figures and then pay out. Rec'd yesterday from Cobbetts copy of application to have judgement set aside and a copy of their defence and a CPR 18 request. My application and judgement was through the Hitchin County Court, however Cobbetts are trying to have the judgement set aside through the Northampton County court - can they do this or do they have to go through Hitchin? Can I object to the judgement being set aside?

That's just what I was thinking

Abbey have settled in full. They settled on my business account earlier this month but I told them that I would only withdraw my claim from Court if they simultaneously settled this one. And they have. Long wait but worth it. Donation on its way. Thanks everyone for your help. Only Citibank to conquer now.

Wonderful news :grin: Had a letter from the Abbey this morning and they have settled in full. Please can a mod change the title to show this. Thanks for all the help I have received for this claim and the others I have going. Now lets see if Abbey settle on my current account. When the money comes through I shall be making my donation.

Congratulations. Well worth the wait.

Thanks Michael & Gary for your help. I shall get a letter off to Abbey first thing on Monday. Any idea what sort of instructions I would give to the expert?

I have just receicved my notice of allocation to Fast Track with my claim against Abbey and my 'Trading As' account. I am ok with points 1, 2 & 3 but can anyone offer help with points 4, 5, 6. 1.District Judge Field has considered the statements of case and allocation questionnaires filed, and allocated the claim to the fast track 2.Each party by 4pm on 2nd March 2007 give standard disclosure to every other part by list. Any requests for inspection or copies of disclosed documents shall be made within 7 days after service of the list. 3.Each party by 4pm on 2nd May 2007 by simultaneous exchange serve on every other party the witness statements of the evidence on which that party intends to rely in relation to any issues of fact to be decided at the trial, and any notices of intention to rely on hearsay evidence. 4.Evidence shall be given by the report of a single expert instructed jointly by the parties, in the field of Accountancy, on the issue of the Defendants charges, namely an analytic and forensic accountant. Each party shall give his instructions to the expert by 4pm on 21st March 2007. The report must be filed by 4pm on 18th April 2007 The evidence shall be given at the trial by written report unless permission is given prior to the trial for oral evidence. Any application for such permission to be given must be made on or before the filing of Pre-Trial Checklists. 5.Any party may put written questions to the Accountant by 4pm on 9th May 2007, which shall be answered within 21 days. 6.The Claimant by 4pm on 13th June 2007 serve on the Defendant an (updated) schedule of past and future losses such statement to specify the amount claimed for each item of financial loss and the period for which it is claimed and to be accompanied by copies of all documents not already served which are relied upon in support of the Claimant's case. 7.The Defendant by 4pm on 27th June 2007 serve on the Defendant an (updated) counter schedule of past and future losses setting out which items are agreed and which are disputed, giving reasons where there is a dispute, such counter schedule to be accompanied by copies of all documents not already served which are relied upon in support of the Defendant's case. 8.Pre-trial Checklists to be sent to the parties by 4pm on 25th July 2007 and the completed Pre-Trial Checklists shall be filed by 4pm on 8th August 2007. The Claimant must file with the checklists:- a)copies of all statements of case (including schedules), witness statements and export reports, which have not already been filed b)a case summary not exceeding 500 words and draft listing directions which must include or attach a proposed trial timetable, allowing for all stages of the trial including the judge's reading time, and consideration and delivery of the judgement. These documents must be agreed with the other party or parties if possible. If not agreed the Claimant must explain. 9.If the claim or part of the claim is settled the parties must immediately inform the Court, whether or not it is then possible to file a draft Consent order to give effect to the settlement. Note that the listing fee will be refunded if the Court is notified at least 14 days before the trial date of settlement or discontinuation IMPORTANT NOTICE 10.The parties' attention is drawn to their duty under CPR1.3 to help the court further the overriding objective, which includes ensuring that the case is dealt with expeditiously. The parties may agree in writing to vary the timetable but NOT so as to alter the date for return of Pre-Trial Checklists, a pre-trial review, a case management conference or the trial date or trial window. Any failure to attend, or to file the Pre-Trial Checklist, is likely to result WITHOUT FURTHER WARNING in a sanction, which may, under CPR3.4 include STRIKING OUT of the defaulting party's case. The trial of this claim will take place during the period commencing 29 August 2007 at a venue to be notified with a time estimate of 1 day.

Hi MF. I have just sent whats in my paypal account. Hope it helps.

Congratulations Keren. Worth the wait.

I can't believe it, Abbey did not comply with the last court order and yet I received from the Court this morning 'Notice of Allocation to Fast Track' with the following order: UPON neither party having attended the telephone conference. District Judge xxxxxx has considered the statements of case and allocation questionnaires filed, and allocated the claim to the fast track Each party by 1st March 2007 give standard disclosure to every other part by list. Any requests for inspection or copies of disclosed documents shall be made within 7 days after service of the list. Each party by 26th April 2007 by simultaneous exchange serve on every other party the witness statements of the evidence on which that party intends to rely in relation to any issues of fact to be decided at the trial, and any notices of intention to rely on hearsay evidence. No expert evidence being necessary, no party has permission to call or rely on expert evidence. Pre-trial Checklists be (sent to the parties by 10th May 2007 and the completed Pre-Trial Checklists shall be) filed by 4pm on 24th May 2007. The Claimant must file with the checklists:- a) copies of all statements of case (including schedules), witness statements and export reports, which have not already been filed b) a case summary not exceeding 500 words and draft listing directions which must include or attach a proposed trial timetable, allowing for all stages of the trial including the judge's reading time, and consideration and delivery of the judgement. These documents must be agreed with the other party or parties if possible. If not agreed the Claimant must explain. 6. If the claim or part of the claim is settled the parties must immediately inform the Court, whether or not it is then possible to file a draft Consent order to give effect to the settlement. Note that the listing fee will be refunded if the Court is notified at least 14 days before the trial date of settlement or discontinuation IMPORTANT NOTICE The parties' attention is drawn to their duty under CPR1.3 to help the court further the overriding objective, which includes ensuring that the case is dealt with expeditiously. The parties may agree in writing to vary the timetable but NOT so as to alter the date for return of Pre-Trial Checklists, a pre-trial review, a case management conference or the trial date or trial window. Any failure to attend, or to file the Pre-Trial Checklist, is likely to result WITHOUT FURTHER WARNING in a sanction, which may, under CPR3.4 include STRIKING OUT of the defaulting party's case. The costs are to be in the case. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed. The trial shall take place between 5th July 2007 and 26 July 2007 (the trial window). The time provisionally allowed will be 1 day. This seems so unfair, why do the Courts let the banks get away with non-compliance of an order. If I can get everything together (all documents to be relied upon at the hearing) and into the Court on time I don't see why Abbey can't, but they don't and the court seem to ignore this fact and just carry on. I am not concerned about this order just the fact that they let the banks get away with it. I suppose had better get ready my list for standard disclosure and see if Abbey do so as well.

Absolutely gutted for you. So sorry.

Good luck today. Fingers crossed.

Hi Kazzaw. Very interesting thread. Fingers crossed you get your settlement soon. I have sent you a pm.

The Court received nothing from Abbey and they did not arrange the telephone hearing. Will wait and see what the Court says now.

i am trying to claim against nat west (rbs) and wondered if your bank account was a business account. if so trading as or limited company. this would be very helpful to me .