Your claim is fine so far The A&L have missed their best opportunity to apply for a stay (the judge ordered them to apply within a set time frame and they failed to do so) so there is every chance your hearing will go ahead without any stay complications. They could still apply (for a stay) now or at the hearing but with the judge you have, will hopefully not grant it, dont you think!! Your court (Hull County Court) seem to be taking each case on its own merits just now, so that's another positive:) Remember to, that the court requires the defendant to disclose their true costs in respect of the regime of unlawful charges, so you will be in a stronger position when they dont. If you are worrying going to court, then a sure fire way to ease any nerves is a visit (to a small claims proceeding at your local court) to familiarise yourself with the layout and proceedings in general. You will wonder why you worried so much, its only the unknown which you are concerned about. Small claims hearings are normally in public so you should be able to go into the court room, ask the court when the next one is. Make sure you comply with your directions from the court, if you cant, write to them or phone. I hope you get a positive result before Oct 1 or at your hearing. William.

Hi sozzer All the best in your claim!! I claimed back a series of £25 charges but mine were described as "unauthorised O/D charges". The reason you were overdrawn was a result of the A&Ls unlawful debits, so add the to your "monthly overdraft charge" to your Schedule of Charges and reclaim them. William.

Hello Plasticman Apply for your stay to be removed, have a look here......................... http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html There is a fee All the best in your claim!!

Hi rose It looks like your hearing is with a friendly (to you) judge:D Re this........................ "If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred, to file and serve all evidence to be relied upon at trial that such sum claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was." If the A&l disclose the "true cost of dealing" with these charges it will be a big surprise indeed (a first). I am sure they will not do this. Lets hope you can avoid getting a stay put on your claim, could you let us know which court you hearing is taking place? You can monitor how your court has been acting re stays here......................... http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html William:)

Morpeth and Berwick CC have a proper judge............. http://www.consumeractiongroup.co.uk/forum/barclays-bank/93273-car2403-barclays-bank.html#post1084767 William.

Well done on your victory, your court note taking (did you use shorthand!?!?), your excellent post and your determination to see the process through to your hearing. William

I hope your daughter has a speedy and healthy recovery Jess.

Good day tommorrow for you then and busy Ill bet.................I see you are still beavering away helping peeps:) William.

Forgot to say , get a ring binder ready for this dispute, photocopy all your letters and file them. When you are on the phone this will help you quickly find info to put down any codswallop from A&L reps or their agents;) Send your correspondence by rec Del and keep all the tabs for future reference. William.

Hi As Jan says the last thing you want is a default notice re this now closed account!! Hard to remove easy to get. You have to make sure that the A&L know that the account is overdrawn solely because of the the unlawful charges levied on your account. They must be made aware that the account is in dispute so look at this link.................. http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html When your account is in dispute they should stop harassing you, re this account until the dispute is resolved. If they carry on phoning, lettering you or pass it onto DCAs, then you have to take your complaint to the correct authority who deal with the banking codes. If they continue to harass you look at this ....................... Protection from Harassment Act 1997 Jan says about the FOS route to get your bank charges refunded, for the amount you want to reclaim that's the route I would go down !! The wasted costs you would have may be double you claim (ink,paper,travel, hours spent preparing claim and and so on) and you may not get these back. Link is here.................... Financial Ombudsman Service Make sure you file a claim if you dont use the ombudsman service to get your funds back. All the advise you will need is in the CAG website Why dont you offer to pay them a pound a week, it could take all of 168+ weeks for the test case to come to its conclusion:mad: By the time its finished you will have repaid the balance and look forward to a few hundred pounds in your pocket. Dont you think it would be satisfying to pay them back at a pound a week anyway:smile: I dont see how you can be committing a criminal offence :o Is there anything you are not telling the CAG members;) All the best in the future William.

Well done kay!!!

I missed a link but have edited my post. William

Hi Look at this link........................................ http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html The A&L should desist from chasing you for the alleged dept, or pass it on to dept collection agencies when their legal dept gets nowhere with you. They may still do this though and you will have to letter them (rec Del) and use this to help you............................. Protection from Harassment Act 1997 (c. 40) I was being harassed by two separate DCAs at once re my A&L account so I used this act plus the info from reading similar threads to yours and the harassment stopped immediately. Coincidence maybe???? it did stop though. Carry out the reclaiming procedure, you may get a judge who refuses requests for stays or removes them. The banks waiver may be lifted aswell so keep going with tried and tested method on here Open a parachute account in case they withdraw your banking facilities without notice. William

Well Jan let us hope that you are a pathfinder in getting your stay removed......................... HOW GOOD WOULD YOU FEEL ABOUT THAT:smile: :smile: Fingers xxxx William

Hi I live in Scotland and filed my claim with the MCOL service in May and was settled (90%) by agreement, outside the doors of the court 2 mins before my hearing. This option will not help you now as all MCOL claims are being stayed immediately. A lengthy wait looks likely now for most claimants. The Scottish courts have their own procedures as you will see by looking through all the threads and stickys. If I was starting out again and claiming back the same as you, I would file in an English court for the full amount.You will be allocated to the small claims track (claims below £5,000) and thus avoid the possibility of ruinous costs being awarded against you should your claim not succeed. Friendly judges are rejecting requests for stays see here ..........http://www.consumeractiongroup.co.uk/forum/barclays-bank/110863-sarahapples-barclays-16-8-a.html You may have to appear at 1 or 2 hearings when ordered by your Judge so It would be great to have a friendly judge as near or conveniant as possible. So pick at court with a friendly judge just over the border beside a friend is my advise:) EEEEEEEEEEsay (if only) William

Hi Jan, it looks like you have to send a signed copy of your POC. You could ask the court for clarification on it aswell. Could it be that the court does not have a copy of your POC :o The hearing may be to decide on whether the stay is removed or not??? William

WELL DONE !!!!!

Hi There are various options for Scotland and for the rest of the UK. Have a look at the forum entitled "General" and click on at the sub-forum "Scotland" and see the Scottish procedure in full. If you want to file anywhere in England you will have to file at that court and then be prepaired to travel and appear at any hearing in the future. William

Well done !! A nice bonus:) William

Hi It means you have less work to do for your claim so that's good . After I had completed mine (I was asked to submit one) I was happy I completed it as I understood the arguments about claiming back charges a little bit more, so that wasn't a bad thing. Copy and paste allows you to do things like a Statement of Evidence a lot quicker that writing it all out, that's good, but I know I need to go over the arguments/reasoning all the time as they wont stick upstairs for long:mad: William

Hi Have you been asked to submit a Statement of Evidence ?? If you have a then look at this link, post 55......................... http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html For my bundle, I put in as many T&Cs as I could find that related to the 4-5 years my claim was for. William

Hi Peteranderson gave this to me two weeks ago re witness statement................ http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224 Make sure that your Schedule of Charges has the reason, the amount and date of each charge.It looks like you have to submit a court bundle so you should include the essential documents to back up your claim, I dont know how time you can give to this though. If the postal strike is to blame for your problems with complying to the judges orders (late submission your docs/witness statement) you should let the court know. You could send a letter with your court bundle explaining what has happened. You should balance out the pros and cons of submitting a "complete late bundle" acceptable to the court, or an "incomplete on time bundle". I submitted a late bundle due to last gasp judges orders (just 9 days before my hearing date) and the postal strike. This may have worked against me but at least the judge had it in front of him at my hearing and it was as complete as I could have made it. My letter of apology for the late submission of my court bundle was there to. I have sent you a PM with some stuff for a court bundle, you may be able to use some links for your bundle. RE this...................... "The court has told the bank to send wether its a penalty charge/if not- if its a pre-estimate of loss-proof it was proper estimate/or if not, how it was calculated, by 29th Aug. can anyone help?" This looks like the judge is asking for disclosure on the Charge regime on your account by the 29th of August, which is several days before your hearing. This is very unlikely and looks as though you have a very friendly judge. All the best with your claim. William

Hi Pinky I missed out on saying well done as I was right in the middle of preparing for my hearing so its a big...................... Well done!!! Fingers crossed you get the funds in place soon. William

Well done indeed !!

Hi mizzpy It may be this link for your other question. PART 39 - MISCELLANEOUS PROVISIONS RELATING TO HEARINGS William:)