2nd court appearance with A&L...Urgent help needed**WON**

[poochie]

can anyone help me quickly :o ....I put in claim for charges fae A&L and they now defending the action and I have to appear in court on 28th April to face their legal team Wagge & Co

Im absolutely terrified and dont know whats expected of me on the day....Any advice would be appreciated

Thanx

[**Tilly**]

Hi Poochie

 

You now need to do a court bundle, you will need 3 copies,one for you one for the court and one for wagge and co here are the links.

 

 

Tilly

 

 

Basic Court Bundle

 

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

GOT A COURT DATE? Important, please read......

[poochie]

Hi tilly, thanx for speedy reply but Im not able to open these links cause its comin up on my computer as there is an error.....Is there any other way to get the links please....and thanx

[**Tilly**]

Hi Poochie

 

hmmm strange they that they are not working, have a look in the a to z all the links i gave you are in there.

 

 

A-Z Index

[poochie]

I was in court 2mths ago to reclaim bank charges from alliance and liecester and its in scotland but they had english solicitors representing them so I pointed this out to jusdge and he told the solicitors to get back to alliance and liecester and get legal representation sorted etc for next date wich is 8th July.

Judge told me, I have fight on my hands to prove my case etc but I should have some good defence when it comes back into his courtroom on 8th July...

I am total nervous wreck and dont know what I need to have prepared or what I should be saying etc cause courts make me nervous...

Can anyone help me out please? Any advice or help would be much appreciated

Thank you

[ginar]

You need to make sure that you get some proper legal advice prior to going to the court again, and aso make sure you have all the evidence you can get. So get any bank statements together and any other information that will be useful for the case. If you are representing yourself mke sure you study all the legal information you can, however it is probably best that you get a proper solicitor that can give them all its worth!

[poochie]

ok thanx for advice but will solicitors fees not be too much cause its only around £700 I'm suing for?

Can you recomend any solicitors who can help cause Im terrible at this and terrified of goin back into court again....thanx

[Rhinoagainstcharges]

why are you in court, is this for a refund of bank charges or an exit fee etc. This info may help, i know nothing of scottish law but wonder, why has the case gone to court when it is only for £700

[poochie]

I put in to small claims court to reclaim £700 bank charges.....

In april, I asked the judge why alliance & leicester were allowed to be represented by an english law firm in scotland and so the judge told them that the case will be re-heard on 8th july 2008 which gives them time to find new legal team but if they didnt then I would win my case plus court costs etc....

So basically, its just to recalim my bank charges and court costs but they messed up and wasted courts time last time coz they knew they should have had scottish legal team...Judge wasnt impressed

He also told me to make sure I got a good defence because common law does not help me and is hard to use a defence etc....Thats why Im a nervous wreck....

Can anyone help with a good defence?...Wat kinda thing do I say?

I actually went to see solicitor today and he basically said that solicitors were tryin to avoid defendin people for this because their charges may be more than wat we are claimin and altho if we win, defendants have to pay costs, its not enough to convince solicitors to help....He said not many solicitors in scotland know anythin about goin to court for bank charges because its all new territory etc.....He just did not seem interested in helpin me at all and now Im even more worried......

HELP PLEASE!....

[Rhinoagainstcharges]

As i say do not know scottish law but i am sure someone on here can help you so do not worry. If you do not get a concrete reply soon post a new requst on here to go back to the top. Strange A&L should want to go to court but best of luck.

[maroondevo52]

Hi, Poochie.

 

I'll ask Rory32 to have a look, and see if he can help.

 

Regards.

 

Scott.

[Bigmac versus]

Hi Poochie I will guide you through this and help you get ready for court.

 

I have to nip out just now (on call) but will speak with you later tonight, have a cuppa and try not to get stressed.

[poochie]

thanx...all help is much appreciated coz Im ready to quit due to stress of it all.....I suppose I been livin in hope that they pay up before it goes back to court

Thanx again

[Bigmac versus]

Ok so they notified the court they intended to defend the action you raised and on that day in court the sheriff continued the case telling yous to return on the 8th July?

 

You say help with a defence? so going by that this hearing coming up will more than likely see them request a Sist from the sheriff.

 

Which court is this?

[poochie]

sheriff court in dundee....small claims court

 

Does this mean it is just another day in court for them to use delayin tactics by requestin to sist?

If they have gone and got new legal team in scotland, and if its not request to sist then wat do I say and do in court.....

 

Im truly terrified of next action coz I got dirty look from wagge &co solicitor wen I asked judge how an english solicitor can represent anyone in a scottish court and thats wen the judge took proper look at court papers and told solicitor off for wastin his time coz he should have known he was out of his jurisdiction in scottish court, so Im terrified they goin to be gunnin for me now

 

I dont know how to defend myself and wat I should be sayin?

The solicitor asked me today why Im reclaimin the charges and why I think I should get refund and he made me feel stupid which I probably am coz he said I was just joinin the band wagon of everyone else reclaimin charges but I didnt know why the charges were unfair and illegal

 

He said common law wasnt great defence etc....I am honestly out of my depth now and really scared

[Bigmac versus]

Well what did you put down in your Particulars Of Claim?

[Bigmac versus]

You would object to a sist using the following, 10, 11, & 12 really cant be argued given the time that the test case is going to need to be concluded.

 

1. The onus is on the bank to persuade the sheriff that the case should be sisted. The case that supports this view is Connell v Grierson 1865 in which Lord Deas stated "Prima facie it is a matter of right to either party to insist upon the cause going on, and the onus lies on him who wishes to stop".

 

2. The OFT's case is at a very early stage. Written pleadings are unlikely to be fully adjusted for at least a year if not more given the complexity of the case.

 

3. The OFT's case is primarily concerned with the issue of fairness in terms and conditions. Penalty charges are unlawful at Scots common law and therefore the OFT is not a test case in relation to this claim. The OFT case can not determine the outcome of a case based on Scots common law.

 

4. The OFT case is of minor relevance as it is not looking at the Scots common law position.

 

5. The outcome of this claim can not be determined by the decision of the English High Court. While the decision is potentially persuasive, it is not legally binding in Scotland.

 

6. The OFT's case is a public law action whereas an individuals claim (as this is), at common law, is a private law action based on individual facts and circumstances. Accordingly, this case should be allowed to proceed.

 

7. It is now within judicial knowledge that all banks have settled nearly all claims prior to an evidential hearing. Allowing this claim to progress will not take up significant court time.

 

8. If appealed, the OFT test case may take 3 to 5 years to be determined. Given the very modest sum of monies involved in this case, it is inequitable and inappropriate to deny the litigant access to the judgement of the court.

 

9. The Master of Rolls in England has left it up to individual English judges to access applications for stays. English claims are still being heard and banks paying out.

 

10. A sist would contravene my human rights under The European Convention of Human Rights as set out in Schedule 1 of The Human Rights Act 1998 Article 6.1

 

11. This article provides that in determination of their civil rights everyone is entitled to a fair and public hearing within a reasonable time. As previously stated the OFT case is of minor relevance and is at a very early stage. The case may take several years to reach an outcome.

 

12. My case, while important to me, is of very little importance to the bank. Nor can the bank fairly argue that the principles of the case are important to them given the number of cases which have been settled shortly before the trial after a defence has been submitted.

 

(Use 15 & 16 if this applies)

15. I have suffered hardship as a result of the bank's charges. I will continue to suffer hardship if a sist is granted. While the bank has almost unlimited funds, I do not. The return of these charges would make a significant difference to my life.

 

16. If a sist is granted the bank will still be allowed to make future charges causing me continued financial hardship.

I would focus in on 10, 11, and 12.

 

 

[poochie]

have spoken to the court clerk today and my hearin on 8th july is called a proof hearin where I have to take evidence of my claim and also arguements that will help me win my case....He also mentioned (altho he said I didnt hear it from him...lol), that scottish courts are not goin along the lines of sisting bank charge cases due to the test case results etc so If my arguments are good and eveidence clear then I may win on the day and alliance and leicester will have to pay up rather than wait longer just to waste courts time....

Im still unsure bout it all so any help and advice you give me will be much appreciated and of course I will keep you informed of wat happens

The help above is greatly appreciated but is all that wat Im meant to say in court in my defence?

Thanx again

How do I make common law defence stand up in court coz I remember the judge mentionin somethin bout it not bein strong defence etc....

[poochie]

I got letter from wragge & co today offerin me £713 in final and full settlement of my claim against them.

I have accepted and they sending cheque to me in next 14days.

I feel so elated coz my nerves were shattered.

I want to thank everyone who has helped and taken time to advise me etc..... I wish everyone the same outcome as myself coz I did live in hope they would pay up before it went back to court

Thanx to everyone and good luck to everyone else on reclaimin their charges

[kfdh1962]

good on you poochie... well done and congratulations!

[maroondevo52]

CONGRATULATIONS Poochie, well done.

 

 

Regards.

 

Scott.

[Bigmac versus]

Nice one Poochie, enjoy.:o:D

[poochie]

thanx to you guys for keepin me determined to win even tho my nerves were in tatters and I was about to give up..... If it wasnt for you then I would have called the court to cancel so thanx very very much guys..... It was all much appreciated tc xx

[Bigmac versus]

Thx poochie your welcome, now spread the word.

[Rhinoagainstcharges]

Great news, much like it used to be in England, these organisations still will not go to court to justify these over the top profiteering charges