Hi all the best in your claim, try this one it may work better............ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html I have sent you a PM with some stuff. William:)

I dont know if this is relevant to your circumstances but have a look............ http://www.consumeractiongroup.co.uk/forum/alliance-leicester/109912-l-me.html William:)

Hi G Dont worry there will be plenty of advise forthcoming from the CAG members. Your case has been stayed by the judge due to the current OFT test case. You have seven days to apply to the court for the stay to be lifted.Look at these links.................... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html Re this......................... "3. The defendant shall within 21 days after the final decision in the case referred to above file at court and serve on the claimant.(a) a case summary of not more than 500 words setting out the effect of the final decision in the said case on this action and (b)their proposed directions in this action." It looks like the court requires the A&L to send the court a 500 page case summary within 21 days of the date of the final decision in the OFT v Banks test case and directions to the court on how the A&L will proceed in its defence.This could be months or years away. You should try and get this stay lifted from your claim as it will mean your hearing will take place as planned on the 1st of November, if you do nothing more just now, with your claim,you may have to wait a long time for your hearing to take place:evil:

How are you getting on with the "bundle" Jan ?? :o William

Keep up the good work Monkeyboy and I hope you get your stay lifted. I dont see the point of the A&L applying for another stay on the test case grounds if you are successful in getting it lifted. If they do the judge has to reject it surely :o :idea: I would expect to get all court fees back but I dont know. William

Hi nikkiee Have a look at this thread, it has links that you can use re your stay..................... http://www.consumeractiongroup.co.uk/forum/alliance-leicester/109912-l-me.html If your account is in dispute you should not be getting harassed, unfortunately the DCA may incorrectly, still ask you for payments. Contact the DCA with you details and the reason why the account is overdrawn (wholey as a result of unlawful bank charge debits), copy the letter and send it rec Del. Then put the letter in a file, you will probably have more correspondance than you would care for on this matter, eventually. Have a look at this link re harassment, the DCA may not have the full details of your circumstances and the claim you have against the A&L. Once you have written to them they will know the facts. Protection from Harassment Act 1997 Wragge & co email........................ mail@wragge.com William.

Fantastic news and well done!!!!! :) :) :)

Good stuff Bigmark........................Emma needs as much help and info as possible to help her address this straight away.

Forgot to say that I did 4 copies of the bundle. Court, Wragge & Co ,mine and a spare for court hearing to be handed to Judge or Wragge if either one did not it with them (for whatever reason). William.

Your a busy girl Jan I hope your getting your homework done to William

Welcome to the A&L forum , All the correspondence that you have goes into your court bundle so there are no missing pieces in your Index of Documents. Jansus is correct re correspondence marked "without prejudice" By looking at your Index of Documents you will be able follow the correspondence in order and so will the judge. I started to plod along doing my court bundle about 6-7 weeks before I thought I may need it. If you have the time go along at a steady pace then its best to do that (less stress). You may not be able print off a link or find something, so this will give you time to fish about for it. No new documents can be added to an appeal if you lose so it best to put everything in that you could possibly use at the hearing in October. I did not page my court bundle but it was set out by letter egAA BB CC DD and so on (MimiJane kindly sent me hers, which had been checked the mods) She has offered before to send to others by email, you should PM her!!! It helped me a lot. I would think if your paged everything and had an index to the pages it would look fine. Keep all your receipts including ink, paper and so on (remember a wasted costs order in your favour from a decent judge, could add up to a considerable sum) I have sent you a PM. All the very best in your claim:)

Jansus has the right idea about your fees being exempt if your on benefits, you should look into this to save you the £35. I think this is link Is to the thread I read on this, it has info to add to Jansus post above................... http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html William

Hi Emma, sorry to hear your bairns have been going without because of bank charges, carry on with your claim and attempt to get the stay removed. The grounds on which you can base your request for removal are stronger when your benefits are taken and hardship results (I think). I remember reading a thread on a similar vein, but I cant find it just now. Someone will have the info your need. http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html William.

Good stuff Jan, keep plodding away....................... William

My girlfriend was able to get her windows repaired by the window company and was able to claim her insurance, so it turned out well in the end. William

Hi Pudkids, The cover letter is just a basic letter with your details re claim number, name and so on to identify you. It should go on to respectfully ask that your Schedule of Charges be placed with your claim. You should send it to the court manager. Even though you have already given the Schedule of charges to the court, the court is still asking for it. It may not be with your file. Send it to Wragge & Co. If you send the Schedule of Charges to both the court and Wragge & Co you will have complied with that part of the order. I remember that I sent two copies to the court, but not why I did so (sorry). Does your Schedule of Charges list the reason , the amount and the date of each charge that you are claiming back? William

If you get this order set aside you will still need your court bundle shortly so you could still plod along with that. It is still early days on claimants getting stays set aside, it may be quite easy with your judge!! I'll bet that's what you would love to know at this juncture Jan The ideal would be to get your POCs changed at the same time as the request to set aside the stay and pay one fee for both. If you can do it at the same time then go for it. You could ask the court how much it costs for both, either individually or together. I dont know why doing new POCs would have a delay on your claim other than normal exchanging of letters. Good luck with getting rid of the stay. I had the CAG template letter ready to hand it to my judge if a stay had been requested by the defence at my hearing. Sorry my post is just support and not cast iron facts for you. William:)

What does your hearing being vacated mean Jan?? I have not seen it used on a legal document. Could you enlighten me as it does not sound good. The dictionary gave it as "to render inoperative; deprive of validity; void; annul: to vacate a legal judgment" William

That's not good for you Space marine. I agree with MJ, apply straight away for removal of the stay. All the best in your claim. William

Hi Pudkids re this............................... "The claimant do within 21 days of the date of this order,serve a schedule setting out the amount of the individual charges,the dates they were applied to the account and the reasons given for such charges" The court needs you to supply your Schedule of Charges, with a cover letter respectfully asking that the Schedule is filed with your claim. The Schedule of charges contains the reason, date and amount of each charge. I sent two copies to the court and one to Wragge & Co. Can you post a copy of your letter for all the CAG members to see?? William.

Thanks folks. I did have a letter to hand to the judge & defence, stating my reasons why a proposed stay should not be applied to my claim. I did not expect to be given an offer to settle before the hearing, it caught me a bit of guard (perhaps that's why it is done this way). I fully expected my claim to stayed, by order of the judge himself or by Wragge & co at the hearing. I hope that the A&L still have the strategy of making offers before or at court, this option to settle might help other CAG members. If you are going to court, I would strongly advise a visit beforehand as a member of the public, this will put you at ease for your court date. I was nervous before hand, but my nerves disappeared when I overheard the conversation between the barrister for Lloyds and the Lloyds claimant. It took place in a waiting area for Court 4. The barrister was advising (the claimant) that she would be applying for a stay in the case, this made me quite angry and she then went onto spiel out some drivel about how expeditious a high court trial would be re the OFT test case (she said 5 months). I had about a minute or so to get mad before the A&L agent introduced himself. I have looked at my limited notes from court now and the agent was from "nci resources". He said he acted for clients in London on mainly bank charge claims, but also acted as a liaison between lenders and debtors in repossession orders. William

Hi Jansus i hope your daughters boyfriend and pal are on the mend. It would have been terrifying for them all. Punishment would be for those hooligans/thugs to get hard labour in a Gulag in Siberia.

Good news...............keep at em!!

Hi folks, I returned from London after my hearing at brentford CC this morning and was straight back at work....................... I was one of six in the afternoon before the judge, all listed for two pm. five mins before proceedings were to start I was approached by an agent (not Wragge & Co) acting on the A&L's behalf, with authorization to settle before the hearing. I think it was "N.I.S". He wanted to look at my Schedule of Charges and statements, then made an offer of appox £3,000. I said that there was another fee (£100)to be added onto my Claim and that I would settle at that figure. He left and returned having claimed to have contacted his client. We both agreed to the figure, a piece of paper was signed by both of us and sent into the judge. I then spent about half/three quarters of an hour talking to him. In the interim there were at least two Lloyds claimants and one HSBC who came out with stays on their claims with the judge citing the OFT test case as reason to stay. I was able to get a quick chat with them and all were very unhappy about the judges manner and conduct as well as the stay. When I was ushered in and I bid good afternoon to "Sir" and I saw my court bundle was sitting to the right of the Judge. He led the proceeding and the quotes that he came away with almost straight away were, "lucky you today" and a quote from Jimmy Cagney he said "take the money and run" referring to my agreement with the A&l agent. Even though it only lasted about five minutes, the proceedings got away from me and I forgot to take proper notes.I do know that the A&L have 28 days to send payment by Cheque. The only words I spoke were "good afternoon Sir", "I agree Sir" and "thank you". The judge gave me the clear impression that a stay would have been ordered on my claim. My main reason to settle at a figure some £600 below my claim, was simple - my depts. This will release me from the vast majority of those depts. Also given the uncertain of claims being stayed or not for quite possibly years, swayed my judgement. When the funds are available my donation to the CAG will be sent with gratitude and thanks. My real dept is to all the members of the CAG who helped me along the way. Thank you very much - William

Just about to leave for Londinium, I shall post the outcome of my hearing when I return. "Judges ought to be more learned than witty, more reverent than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue." Francis Bacon William