Oxford seems to have jumped from business as usual to staying all cases, yet there seems to be no posts (that i have seen) to indicate this is the case, could this be an error or just wishfull thinking on my part, no official word from court as yet to do with my case

i think adding the following would not hurt therefore i wish you to treat my case with the priority it deserves, i will of course submit a copy of this letter to the oft for their consideration should you decide my case will not be treated as a priority.

i got into difficulty due to the bank removing my overdraft without any prior warning, then charging me, sometimes over £200.00 per day. my banking service now charge me 4.95 per month a fee i can afford and a fee that i KNOW i will be charged and i can budget for. i feel sorry for you, as i am no longer subsidising your banking you will probably have to pay for it yourself, then you might have some consideration for the majority of the population that already pay sometimes through no fault of their own.

have you checked to see if you are exempt from fee,s http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html i would have wrote to the court telling them you have now been forced to pay a fee that you cannot afford to, in the time given, and ask for extra time or exemption regards les

Going by the other posts on here you might not need to go to court,capone settle about 3 weeks after recieving court paperwork. im just about to file at court for my wife. good luck

update recieved no defence from cobbetts recieved 1 letter from robinson way and 6 phonecalls chasing me for the money still showing on the natwest account (dontcha just love em) i am now going to write to the court asking for defence to be struck out http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters-3.html i will also write to manchester oft and make a formal complaint against robinson way for harrassment. i welcome any other suggestions please regards les

my wife recieved one of there cards today i am going to complain to the oft and the fsa and im going to write a snotty letter the capquest.

my court pack was filed on time, 1 week past the deadline still nothing from cobbetts, im a little worried about the pending test case, my case isnt until october.

it was dated the 27th june and i have until the 20th july to respond. hearing is 3rd october. i have not paid any fee's as i am exempt, i did not however send an exemption form with my aq as i had already provided it when i made my claim. i have since completed and sent the form for exemption of fee's with regards to the aq and have had my original documents returned, i am a little comfused about this as the form was recieved before the latest letter from the court, i will ring the court tody to confirm i am exempt just to clear this part up.

i am currently gathering information with regards to my case against nat west, and have looked at the Competition Commission. Essential report as advised by bankfodder, but. it is several hundred pages long, is there a more specific part of it that is usefull or do i need to print it all, and submit it with my pack to the court. will this not be a complicated and lengthy piece of evidence that might go against my claim. the judge has set aside 30 minutes for the case and it would take more than that to read this report alone. your advice would be very welcome please.

when i sent my allocation questionnaire back i included directions as follows. Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defense will be struck out without further order. i recieved back from the court the following. On Friday 15th June 2007 the papers in this claim were considered by DISTRICT JUDGE MATTHEWS who allocated the Claim to the Small Claims Track to be heard 1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing. 2) The copies shall be delivered by 4pm on Friday 20th July 2007. 4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence. 5) The court must be informed immediately if the case is settled by agreement before the hearing date. 6) Defendants do file at court and serve upon the Claimant skeleton legal arguments at least 21 days before the hearing and in default of so doing , the Defence be struck out and the Claimant be at liberty to enter judgment for the amount claimed plus any interest pleaded and costs. 22nd May 2007 7) the claimant ia at liberty to reply at least 7 days before the hearing 8 The court must be informed AT LEAST 14 DAYS BEFORE THE HEARING if the time estimate of 30 minutes is insufficient. 9 If an ALLOCATION FEE is payable by the Claimant but not received by this court by 14 days from the date of this order, the claim shall be struck out without further order. 22nd May 2007. is this good,bad worrying? how do i set out my paperwork for the court. help please.

I have just recieved the same and i intend to refuse to pay it, i have given bt my bank details and they do not recognise my building society as a valid banking institute. i believe this is purely a penalty charge because we cannot or will not pay in a manner they prefere. i suggest you write to them explaining that you believe they are penalising you, and that you refuse to pay this and any further penalty charge. i am also going to add in my letter that if they continue to charge the penalty charge you will write to them each and every time explaining that you will not pay it and any further letters you have to send will also contain a bill from you for your time and postage and make the bill £4.50. im not sure what the more cleverer people on here will think of that but i am posting my letter to them after work today.

PHEW thank you, i have not heard anything from the court since i sent my aq i have recieved a copy of the defence's aq,from the defence, and wasnt sure if i was supposed to do it or wait for the court to instruct me to. thank you again les

sorry guys a quick question . when i sent my allocation questionnaire to the court i used the new wording for the aq section g giving direction The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied should i send this within the 14 days or wait until the court says i should send it

i wrote to nationwide asking them to close my account (nil balance) sent card with letter cut in half. i heard nothing from them no statements, letters etc. until nearly 2 years later when i was contacted by a debt collector after my debt to nationwide. it turns out they have not closed my account and charged me for bouncing direct debits ??????????????. they have failed to answer any letters i sent them asking how this has happend so on march 5th 2007 sent them a S.A.R - (Subject Access Request) and enclosed the £10.00 fee. today i recieved a special delivery letter containing 1 page of charges listed in date order covering 3/4's of an a4 page. 1 letter containing 4 lines saying heres my data protection information as requested. 1 booklet. are they actually aware of what information they should send (i am) has anyone else recieved this? i want/need all the information i asked for and paid for so guess im writing a letter to nationwide today. by the way when i asked to close my account i tranfered all my direct debits to another bank and they have been paid by that bank since.

i have today recieved a copy of cobbets allocation questionnaire the other information (G) it says the claimant has not shown that they have reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim, the claimant has failed to do so. case management directions cannot be proposed until the claimant fully particularises their claim. in light of this, the defendant may amend its defence or apply to strike out. have i done something wrong?. i have not sent the court pack yet should i have? or is this the standard defence questionnaire bumf. this came from cobbets i have yet to hear from the court.

should i just send the allocation questionnaire back at this time?

No just the mediation form, the statement as above, and an allocation questionanaire

no this came with a form for mediation from the court i have to reply by 11 june to the court

i need to know what they are asking for in english laymans english please paragraph one this defence is filed and served without prejudice to the defendants case that the particulars of claim do not discloes reasonable grounds for bringing a claim against the defendant 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 the defendant will apply to strike out the claim and/or for summary judgement in respect of the same. parahgraph two states on allocation the defence invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. three no admissions are made as to what charges have been debited to the claimants bank account. four in relation to the allegation that the contractual provisions pursuant to which the charges have been applied ae unenforcable by virtue of the unfair contract terms act 1977 (ucta 1977) and/or the unfair terms in comsumer contracts regulations 1999 (the regulations) and/or the common law,the claimant is required to identify. 4.1 (a) the section(s) of the unfair contract terms act 1977 (ucta1977) (b) the regulations of the unfair terms in consumer contracts regulations 1999 (the regulations) and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) reffered to are unenforcable:and 4.2 the contractual provision(s) that the claimant allege are invalid by reference to ucta 1977 and/or the regulations. until such time as the sections/regulations/provisions are indentified the defendant cannot (save as appears below) plead to the allegation reffered to in paragraph 4 above. the defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information. five in relation to the case of the claimant that the charges are unreasonable within the meaning of section 15 of the supply of goods and services act 1982 (sgsa) the defendant pleads as follows: 5.1 the claimant is required to plead and prove the necessary factors (refered to in section 15 sgsa) concerning the contract between the claimant and the defendant which mean that pursuant to sgsa section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract. 5.2 further the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable: (b) all facts and matters relied upon by the claimant in support of this case and © what charges would have been reasonable. 5.3 int he circumstances no grounds are disclosed for a claim that the defendant has acted in breach of sgsa section 15. 5.4 in the circumstances (save as appears below) the defendant is unable to plead to this allegation beyond denying that it has acted in breach of sgsa section 15 as alleged or at all. the defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referd to in paragraphs 5.1-5.3 above are addressed. 5.5 it is the case of the defendant that the contract between the claimant and the defendant does not fall within sgsa section 15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant. 6 the claimants claim for costs not being sufficiently particularised,the defendant is unable to plead and reserves the right to plead upon further particulars. 7 save as herinbefore appears the defendant joins issues with the claimant on the claim(s) and denies that it is liable to the claimant as alleged or at all. any help in making head or tail of this would be helpful please.les

paragraph one this defence is filed and served without prejudice to the defendants case that the particulars of claim do not discloes reasonable grounds for bringing a claim against the defendant 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 the defendant will apply to strike out the claim and/or for summary judgement in respect of the same. parahgraph two states on allocation the defence invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. three no admissions are made as to what charges have been debited to the claimants bank account. four in relation to the allegation that the contractual provisions pursuant to which the charges have been applied ae unenforcable by virtue of the unfair contract terms act 1977 (ucta 1977) and/or the unfair terms in comsumer contracts regulations 1999 (the regulations) and/or the common law,the claimant is required to identify. 4.1 (a) the section(s) of the unfair contract terms act 1977 (ucta1977) (b) the regulations of the unfair terms in consumer contracts regulations 1999 (the regulations) and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) reffered to are unenforcable:and 4.2 the contractual provision(s) that the claimant allege are invalid by reference to ucta 1977 and/or the regulations. until such time as the sections/regulations/provisions are indentified the defendant cannot (save as appears below) plead to the allegation reffered to in paragraph 4 above. the defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information. five in relation to the case of the claimant that the charges are unreasonable within the meaning of section 15 of the supply of goods and services act 1982 (sgsa) the defendant pleads as follows: 5.1 the claimant is required to plead and prove the necessary factors (refered to in section 15 sgsa) concerning the contract between the claimant and the defendant which mean that pursuant to sgsa section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract. 5.2 further the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable: (b) all facts and matters relied upon by the claimant in support of this case and © what charges would have been reasonable. 5.3 int he circumstances no grounds are disclosed for a claim that the defendant has acted in breach of sgsa section 15. 5.4 in the circumstances (save as appears below) the defendant is unable to plead to this allegation beyond denying that it has acted in breach of sgsa section 15 as alleged or at all. the defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referd to in paragraphs 5.1-5.3 above are addressed. 5.5 it is the case of the defendant that the contract between the claimant and the defendant does not fall within sgsa section 15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant. 6 the claimants claim for costs not being sufficiently particularised,the defendant is unable to plead and reserves the right to plead upon further particulars. 7 save as herinbefore appears the defendant joins issues with the claimant on the claim(s) and denies that it is liable to the claimant as alleged or at all. any help in making head or tail of this would be helpful please.les

thank you hedgey06 i was one step ahead of you i have already printed the letter (and a great letter it is too) i am trying to get my head around the defence statement but its a bit un english. paragraph one this defence is filed and served without prejudice to the defendants case that the particulars of claim do not discloes reasonable grounds for bringing a claim against the defendant 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 the defendant will apply to strike out the claim and/or for summary judgement in respect of the same. parahgraph two states on allocation the defence invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. three no admissions are made as to what charges have been debited to the claimants bank account. four in relation to the allegation that the contractual provisions pursuant to which the charges have been applied ae unenforcable by virtue of the unfair contract terms act 1977 (ucta 1977) and/or the unfair terms in comsumer contracts regulations 1999 (the regulations) and/or the common law,the claimant is required to identify. 4.1 (a) the section(s) of the unfair contract terms act 1977 (ucta1977) (b) the regulations of the unfair terms in consumer contracts regulations 1999 (the regulations) and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) reffered to are unenforcable:and 4.2 the contractual provision(s) that the claimant allege are invalid by reference to ucta 1977 and/or the regulations. until such time as the sections/regulations/provisions are indentified the defendant cannot (save as appears below) plead to the allegation reffered to in paragraph 4 above. the defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information. five in relation to the case of the claimant that the charges are unreasonable within the meaning of section 15 of the supply of goods and services act 1982 (sgsa) the defendant pleads as follows: 5.1 the claimant is required to plead and prove the necessary factors (refered to in section 15 sgsa) concerning the contract between the claimant and the defendant which mean that pursuant to sgsa section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract. 5.2 further the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable: (b) all facts and matters relied upon by the claimant in support of this case and © what charges would have been reasonable. 5.3 int he circumstances no grounds are disclosed for a claim that the defendant has acted in breach of sgsa section 15. 5.4 in the circumstances (save as appears below) the defendant is unable to plead to this allegation beyond denying that it has acted in breach of sgsa section 15 as alleged or at all. the defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referd to in paragraphs 5.1-5.3 above are addressed. 5.5 it is the case of the defendant that the contract between the claimant and the defendant does not fall within sgsa section 15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant. 6 the claimants claim for costs not being sufficiently particularised,the defendant is unable to plead and reserves the right to plead upon further particulars. 7 save as herinbefore appears the defendant joins issues with the claimant on the claim(s) and denies that it is liable to the claimant as alleged or at all. any help in making head or tail of this would be helpful please.les

it give me the option to try to resolve the dispute by mediation, if i am claiming 5k or less it will cost 50 quid plus vat per party for the first hour 100 for 2hrs and 50 pounds per hour thereafter per party. i also have just read there is a £100.00 fee payable by the claimant for filing there allocation questionnaire (although i was except from fee's when i lodged the claim)

i have been sent an allocation questionnaire and a mediation reply form there are no numbers on the forms... sorry on the allocation questionnair it is N150

cobbets have filed defence and asked that we settle this by mediation, the court has sent me a questionaire and reply form to fill out. should i reply saying i dont want mediation and this is just a delay tactic. or that i have been trying since janurary to settle this without going to court and that as far as i am concerned it is the bank that are not trying to sort it out. it says on the form i may have to justify my reason to a distric judge.