County Court Draft/ORDER dated 17th December re: reclaim bank charges - Please help!

[archaeopteryx]

Hi all, I'd be really grateful if anyone could please explain this one to me, I don't understand it.

 

I received a letter from Ashurst LLP dated 17th December regarding the bank charges test case, and telling me that Alliance & Leicester's business has been transferred to Santander. It goes on to the findings of the test case, and that the OFT would not continue its investigation into the fairness of the charges.

It then says that many of the complaints are in template form, and are often not particularised, and goes on 'All of the complaints (which have been on hold pursuant to the FSA Waiver) are now being rejected by Alliance & Leicester and the Financial Ombudsman Service has stated that it will not generally be able to help with cases that involve "template" or "standard letter" complaints about unauthorised overdraft charges.

 

The next part says A & L considers that claims brought on the basis that their unarranged overdraft charges are too high and/or are penalties cannot succeed in light of the Supreme Court judgement and the earlier Commercial Court Judgement on penalties. Although customers could seek to amend their claims and challenge the fairness of the unarranged overdraft charges on other grounds, A & L shares the OFT's view that such challenges have no realistic prospect of success.'

 

I've just received this letter, and I'm afraid I don't understand it, was hoping to find some advice on here about what to do next, it goes on:

 

IN THE (...) COUNTY COURT (the dotted bits are as it is shown on the letter, the court, claim no., claimant name are all left blank)

 

It is ordered that:

 

1. Unless the Claimant files at Court and serves on the Defendant his amended Particulars of claim with a properly verified Statement of truth, which disclose reasonable grounds for continuing with the Claim, within six weeks from the date of this Order, then the claim will be struck out without further notice.

 

2. This Order has been made without a hearing under the Court's case management powers contained in the Civil Procedure Rules, Part 3. You may within 7 days of the service of this Order apply to the Court to set it aside or to vary the Order pursuant to Rule 3.3(5) of the Civil Procedure Rules. If you do so, you must file with the Court and serve on the other parties an application that sets out your reason for objection.

 

Please can anybody help, what does all this mean? What 'other grounds'? It is dated 17th December, and I received it in the post last Friday, i.e. 19th January!!

:?:

[popejp]

Ive recieved the same thing today and im in the same boat as you spent an hour reading through it and im lost Come on must be someone out there that can help

 

many thanks

 

popejp

[maroondevo52]

Thread moved to Legal Issues Forum.

( a bit late I know)