Thank you courtchange. you're fighting the good, though lonely fight of true justice. Long may you continue.

I lost a case last year in which the Judge was bias. In my mind I gave the Judge the benefit of the doubt as the claim was complex in nature. However when the Judge struck out a second claim brought against the second Defendant in the main claim, in which the second Defendant had acknowledged service but hadn't provide a defence or appeared in court. The second defendant had admitted owing some of the money claimed, yet the claim was still struck out. The Judge didn't allow me to speak to present my arguments in the second claim. My current claim against Natwest is so clear cut it doesn't need to be heard. Though this didn't stop the Judge ** EDIT** from striking the claim out. Not happy with striking the claim out the Judge was only too happy to invent a clause for the Defendant and then rule on that. I'm not alone in feeling the Judiciary is bias at best or corrupt at worst. There are plenty of stories in the media. If you have a story whether personal or otherwise of judicial corrupt please post it here.

You are so desperate to appear 'right', you've lost sight of what is wrong. I have no real desire to argue with you. I genuinely believe your post before this one was poorly worded and therefore unintelligible to any right thinking person. could you rephrase, if it's worth doing so.

This read like you've hit a brick wall. Hopefully the Bank will hit the same wall in the appeal.

As the Defendant they have to enforce the contract, otherwise why were they taking denominations of £6, £9 and £12.95 per month, over the course of 9 years? Your next question will be why did I sign up for the advantage gold account? I signed up because I was informed I would get an overdraft facility on my account (among other things). I did get the overdraft facility but this wasn't dependant on me having the advantage gold account. I didn't know this at any time while i had the account. I became dependant on my overdraft facility. It was only when I got myself back in the black that I cancelled the account. Misrepresentation?

OP, unless there is some case law that supports nullification of the agreement... If the bank no longer has the web application for the agreement it doesn't stop the bank from arguing a contract through conduct. I read about a case a few years back where this happened. The bank didn't have the Defendant's original agreement but still argued that the actions of the Defendant amounted to a contract of sorts, through the notion of offer and acceptance. I can't remember the case name or I would post it here. You've also got to think that the bank is unscrupulous and is not above forging a copy of the agreement. I suspect they don't need your signature either to make it appear legit. Please read the following from Wiki http://en.wikipedia.org/wiki/Offer_and_acceptance Found it http://www.hughjames.com/our_services/services_to_businesses/commercial_contracts,_ict__in/public_procurement_update/september_2010/graeme_grant_v_russell_bragg.aspx Grant v Bragg. This case helps you, but note it took a court of appeal decision to reach the "right" response.

An appeal deals with why the Judge was wrong in the original hearing. The Judge can be questioned on a error of law or a point of fact. The Defendant (Natwest, using Cobbetts solicitors) produced a 42 page terms and conditions for the advantage gold account. This was the only thing they produced at the hearing. If the contract was unenforceable it couldn't be relied upon as evidence. Do you now see the importance of enforceability? Here is the exemption clause. Almost verbatim and covering every item listed. You can see that the policy is quite clear in what it won't cover. Almost all high value goods are excluded from coverage. Even everyday common goods aren't covered (e.g. toasters, kettles, Ipad, Iphones etc etc) in most circumstances. One of the items not listed are deposits. Which is what my claim was for. There's no ambiguity. You can view the terms and condition yourself if you don't believe the quoted terms. Just walk into any Natwest branch and request a copy. Gaston, the problem with you is you want to believe the bank and a district judge were right, because to do otherwise would destroy your trust in the institutions you rely on. Better to pretend than to confront.

Write to Natwest's compliant department. The account was obviously mis sold to you given the circumstances you were in when they offered you the account.

The consumer protection (distance selling) regulation 2000 and the amendment in 2005 mean the banks can enforce the credit agreement you have with them. I'm sorry I couldn't say otherwise.

Bossy, I intend to use the Unfair Contract Terms Act 1977. In particular 3(1) and 2(i),(ii) in the appeal. I would like to use CCA 127 65(1). I was given credit in the form of an overdraft (I never thought of it that way until you raised the matter). I've also cited the Human Rights Act 1998 6(1) in regards to the original hearing. I would also like to use the judgement in Wilson v First County Trust Ltd 2003 which marries the two pieces of legislation. My appeal hearing takes place on the 31st october 2012 in the lambeth county court. I would like a witness to the proceedings if anyone would be interested. I'm willing to pay transport cost and lunch for anyone willing to turn up.

Gaston you obviously haven't understood the claim as I've presented it. I had my current account upgrade to a advantage gold account in 2000. In 2005 Natwest changed the terms of the advantage gold account to include purchase protection insurance. As with any standard contract there was an exemption clause (a exemption clause limits the liability of the contract provider). The exemption clause does NOT contain a provision for deposits. In 2007 I made a claim for a deposit. the bank refused to honour the terms of it's contract. The contract is unenforceable for non performance. In other words there was no benefit in having the advantage gold account. Natwest have not provided any evidence to suggest I received a benefit. This falls under The Consumer Credit act 1974 s127 (now repealed). The word "item" was used to present a list of items (pardon the pun) the contract wouldn't cover. There are 60+ items listed. These are the items refered to. District Judge Wakem used the word out of context and meaning. Gaston, look up the meaning of the word item and you'll find that an item can be anything. Gaston, you betray your ignorance of the english language in your last post. Are you a district judge by chance?

The following has been lost by Lambeth county court. 2 copies of my allocation questionnaire, 2 copies of an EX107 form. When the court finally sent the tape to the transcriber, the transcriber said it was unintelligible. The court said it would send another copy. Given the ludicrous decision by DJ Wakem it's no wonder the court doesn't want the hearing transcribed. It seems the county court is a place, where justice goes to die.

For anyone in a similar predicament, the court can strike out a claim at the allocation stage under CPR 26 5.2.

This post makes things a lot easier. The claimant will obviously have to prove they sent the invoices within the 28 day period. The implication of the contract is that the invoices are null and void. The Unfair Contract Terms Act 1977 1(a) is always on hand for this type of breach. Their ledger and the invoices they've sent are a mess and they will have difficulty explaining it away. The problem you will have is the same I've had. Will the District Judge apply the law or try and convince you, you don't have a case. If you are a Litigant in Person (self represented) and the other party has employed a solicitor, this is especially true. As ludicrous as this sounds the Judge may say the 28 day term in no way implies forfeiture of the amount owed. At the county court level it's like the wild west of the justice system. Anything (and I do mean anything) goes. If the Judge does something stupid like this are you willing to appeal it up the High Court civil division? p.s. when you're in court don't get flustered. The Judge will try and throw you off by always addressing the solicitor first (if one party is self represented). The Judge will show them undue attention and ignore you. Wait this period out and when the other party has fallen silent, ask for permission to speak. Describe briefly the nature of the claim and your defence of it. Your defence should have reference to the law the claimant has broken and any legal precedents you might find to support of your position. The following illustrates the point I was making above http://www.bailii.org/ew/cases/EWCA/Civ/2011/9.html#Part_2 Hope this helps.

The court will look to see if there was a contract in principle between yourself and the other party. The contract was signed by yourself. The Judge will interpret your defence as you trying to avoid your obligations under the contract. The claimant will argue the two years delay in approaching you, was spent chasing the first debtor. The 10.4 issue isn't a big enough factor to overturn what I suspect will be their argument. My best advice is to get a break down of the costs, then get it assessed. Dispute the delay in contact. Use that to reduce the cost as much as possible, as alot of their costs are interest for that period. I realise this isn't the advice you wanted (tbh it isn't something I would want to hear either), but from my own experience and other cases written on here over the years, you won't win on a technical argument.

The District Judge is leading the defence in a course of action against the claimant. Her actions are bias. Unfortunately the courts don't recognise bias amongst the judiciary. Any claim of bias has be stated as an "unjust" hearing, or the court order was unjust becuase... Bossy, I would like to know the outcome of your claim as I've had a recent terrible experience with this Judge. The Lambeth county court isn't much better either.

I understand you are on a budget, but if you haven't already done so, please submit an application notice to formally set aside judgement. The mind of a Judge is wholly unpredictable and he/she could rule against you for not filing the application to set aside. Apply for costs when you make the application and use the appropiate cpr. All the best

There is now a solicitor's ombudsman, but if it's like all the rest, leave them well alone. You could issue a counterclaim against your ex's solicitors for withholding the money. Very clear case of negligence. Under civil procedure rule 20.4 you can file a counterclaim with your defence. If you've already submitted your defence you would need to ask the court's permission. The court's permission will involve filling out a N244 form and £40 fee. Please google CPR 44.17 and CPR 44.18 which deal with application for cost. More importantly it deals with cost for parties who were partially funded by legal aid. Was there an agreement or cost order prior to your solicitor representing you? Hope this helps

I'm currently appealing an awful decision by a district judge in the county court in a breach of contract claim. By the rules the Claimant shouldn't be allowed to serve documents after the deadline has expired. Though the Judge will grant minor infractions, which appears to be the case here. The problem with the missing reference (10.3) seems a bit worrying. Was this contract signed by you? The Claimant will try and palm this off as a typo unless you can prove otherwise. Hope this helps

I just saw CPR 44.9 about cost being awarded before a claim is allocated. The Judge stitched me up good. Even though I was at an allocation hearing the Judge decided to hear an application to strike out. I've just read that an appeal can only be made if the district judge made an error in law. Or there was an irregularity in proceedings. I never know what such things mean. Is switching a court appointed allocation hearing into a strike out hearing an irregularity? If it is, is there some prior appeal I can rely on? In law the terms and condition of a contract has to be signed for it to be legally binding. If the district judge reached a conclusion on terms and condition that had no contract underpinning them. And said contract wasn't an original contract would that constitute an error of law?

Will the high court accept an appeal for a civil case? I realise an unsigned contract is enforceable through conduct. I'm thinking of Grant v Bragg as I write this. In my circumstances there is a contract through me paying the advantage gold fee, but I received nothing in return. I was of the mistaken belief my overdraft facility would be pulled if I stopped the scheme. I now know this to be wrong as I did stop it and nothing happened to my OD. In appealing can I ask for the claim to be reinstated and summary judgement? Need help with this.

First of all I would like to declare my intention to appeal the decision. I made a claim against Natwest for breach of contract on their Advantage Gold Account. I made a payment for a deposit on a course in 2007. There was a dispute between myself and the company and I asked for the deposit to be returned. It wasn't. I asked Natwest to refund the £200. They said no, stating the purchase needed to be made on a credit card. There is no evidence for this as the claim's department is only contactable by phone. I write to the FOS and complain. They eventually write back and say Natwest don't owe me the money. Fast forward to today, I had an allocation hearing. The solicitor acting for the bank file a strike out application after the hearing date has been allocated. They request the notice to strike out be heard at the same time as the allocation hearing. The Judge hears the notice to strike out before allocating the case. Because the case wasn't allocated she awards costs. The Judge found that the contract for insurance was with Royal Sun Alliance and therefore the claim should be made against them. The claim couldn't be made for the full amount as "I still enjoyed the benefit of the contract" (can you believe that!). In the Judge's considered opinion the contract was for items (which she deemed to mean tangible objects) that didn't cover the deposit I had lost. The Judge didn't give leave to appeal. The points I will raise in an appeal. 1. The contract Natwest provided was a photocopy without my signature. It was also dated 2005. The contract I had with Natwest started in 2000. Can't be legally binding can it? 2. An item doesn't have to be tangible (i.e. physical) for it to be classed as an item. (Just looked it up in the dictionary and it gave an example of gossip being an item). 3. I won a court case in 2008 for the return of the deposit from the course suppler. This underpins the basis of my claim. 4. The insurance isn't separate from the Advantage Gold fee. I derived no benefit from the contract in all the time I had been paying the fee. From my recent experience county courts are terrible when seeking justice. Is there any chance I can lodge an appeal with the high court? The amount I was claiming was under £5k. Another reason why cost shouldn't have been awarded. Has anyone had a similar dodgy experience in the courts?

I need a template claim to help me disclosure a course of action for the courts to take, in a breach of contract claim. The contract wasn't a written contract but I did pay money for a service which wasn't supplied. I paid for the course online, so terms and conditions weren't supplied. The company has admitted owing me money, but the amount is disputed. The template doesn't have to reflect my circumstances, it just has to show me how to word a claim. Would appreciate this by tomorrow as it's my day off.

Does anyone know if Moorcroft debt recovery are part of RBS? I tried looking them up and it only states they were set up in 1985. It also states they buy debt. Legally where does that put the bank if they sold the debt and then recovered it by taking it from my account. It sounds illegal, but is it?

2 years ago I disputed a card transaction. At the time I wrote to the card company (Natwest) and asked for a chargeback. It was refused. I refused to pay and the account was in default. Triton took over the debt and must have sold it on as moorcroft collection agency have it now. Today the bank took £734 from my online isa. I realise they can do this under setting off to clear a debt. What I want to know is, can the bank set off a debt they passed onto a debt collection agency?