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tomriley

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  1. Have this week received a letter from the court stating: "IT IS ORDERED THAT this action is stayed until a date 28 days after the publication of the decision in the test case brought in the High Court by the Office of Fair Trading in July 2007." So it seems like there is nothing I can do now...
  2. You've come to the right place! Good luck with your claim.
  3. OK, thanks for the info. I just called the court (Bristol County Court [District Judge Daniel]), spoke to a lady there that said they HAD recieved the banks's AQ... she said it technically wasn't received in time, but that it was in the file now that has been given to the judge so will probably be considered as normal.. bah! That's very annoying! They said I can expect to have further contact from them by the end of the week/early next week. Interestingly, I have just received updated Ts+Cs from Clydesdale relating to my overdraft interest rates and penalty charges. I'll keep this thread updated soon as anything else comes through.
  4. Today recieved a copy of the bank's AQ which they posted to the court 12th Sept... Not sure if the court will have recieved that inside the deadline they set? I could really do with a hand on this one... not sure what I should be doing next. Have I still got permission to enter judgement? I'm not even sure what that means. Hope someone can help
  5. Okaaaay, interesting development: Reveived letter from the court: General Form of Judgement or Order. "Upon reading the court file, IT IS ORDERED THAT, Unless the defendant files an allocation questionnaire with the court office within 3 days of service of this order, the claimant shall have permission to enter judgement, the defence and any counter claim shall be struck out, and the defendant shall be debarred from giving evidence about any claim for damages. Dated 06 September 2007" So, that sounds pretty good, right? Sounds like they didn't return their AQ in time... I'm guessing because of the OFT test case that the bank wrote to me about. The 3 days will be up tomorrow/Wednesday (if we don't include the weekend), I'm just not really sure what the "Judgement" that I'll be entering will be - will it be similar to the draft directions that I should have sent back with the AQ? The end is in sight! Can anyone give me more info on what this "judgement" is? And do I need to do anything now or wait for the 3 days deadline to expire and then wait for further cofirmation from the court? Could do with some help on this! I had a look around but I couldn't find any info on this situation. Thanks
  6. Ok thanks for that Caro... I hope leaving the draft directions out wasn't too much of a bad move. Will keep this thread updated as soon as I hear what is happening next.
  7. OK I've returned the AQ, minus the additional draft directions. Will update here what happends next.
  8. Bump... anyone? I'm thinking of just returning the AQ, minus the additional draft directions.
  9. OK, I have the Allocation Questionnaire with the additional draft directions ready to return (there's no fee as the claim is under £1,500) but I recieved another (quite long) letter from Clydesdale Bank today. They re-iterate their position that the charges were in line with the terms and conditions etc, state again their defence stance, then go on to say that since I raised the court claim, the bank has become involved in legal proceedings with the Office of Fair Trading in relation to the charges. They then say that they believe that these proceedings will resolve legal issues regarding the charges fairness, and will shortly be applying to the court for an order to put on hold my claim until resolution of their proceedings with the OFT. They then say that they have asked the FOS and FSA to pause their actions in light of this test case. They say in the letter that FOS has indicated that it will not proceed with claims and that the FSA have agreed to their request. And that's about it, they basically just say at the end "We'll get back to you when it's all over". So, I'm unsure if A) I should just return the AQ as normal, and B) if they can actually do what they are doing? Will the court wait to see what happens at this "test case" ? A bit confused.. can anyone shed light? Thanks
  10. Clydesdale Bank have sent a defence to the court. On Friday 9th I recieved a letter from the bank with a copy of the defence to confirm that they had done so - signed by NR Jones, Solicitor - Dispute Resolution. I then today received Notice that a Defence Has Been Filed from the court. They included the N149 form for small claims that I need to return before 3rd Sept 2007. I'll complete this tomorrow evening and post it Wednesday 15th. I was under the impression that I would not have to pay a fee as my claim is under £1500, but the step-by-step guide on here indicates that I do.. can anyone clarify? Thanks again for everyone's help to this point... trying to dig in as deep as i can, they HAVE to cave in sooner or later!
  11. OK thanks, that gives them until 30th Aug. Fingers crossed!
  12. Received letter from Clydesdale Bank "Advice Quality Unit - Charges Section", Stating that "The Bank's position remains as outlined in previous correspondence". They go on to say that they are aware that I have lodged Particulars of Claim and any further correspondence will originate from the bank's legal department. Also recieved Notice that Acknowledgement of Service has been filed on 2nd August from the court. The acknowledgement was filed by the solicitors acting for the defendant at the following address: Clydesdale bank Legal Services Po Box 43 40 St Vinvent Place Glasgow G1 2HL So if I'm correct, that gives the bank until 16th Aug to submit a defence. Will keep this thread updated!
  13. Recieved Notice of Issue from the court. Deemed to be served on 27 July 2007 They have until 10th August 2007 to reply. Will keep this thread updated!
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