UCB Nationwide

[kennyh]

Hi again folks,

I begin, again and as ever, by offering sincere thanks to Zoot.

Next- has anyone had the opportunity to consider the previous post, specifically an example of

"They provide that a contractual term, which has not been individually negotiated, shall be regarded as unfair if contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer."

Although we are now meeting the Judge's directions (Our OD) we still haven't seen anything from UCB although the court office say they have replied (when, I don't know, but it must have been b****y late). We've checked all mail at the claimants' former address but only the original Court order (which we now have a copy of) was there. We sent UCB a copy of our AQ. Anything fishy do you think?

[kennyh]

Zoot,

The OFT site appears to have been revamped and I can't bring up anything other than a research paper dealing with mortgages etc full of formulae. The link at #48 above, now just asks if you want redirection. Can you assist please.

[kennyh]

Zoot,

The Payzu info you pm'd is no longer in my inbox - can you please repeat the exercise.

[kennyh]

Zoot - me again Campbell Discount v Bridge has also gone missing.

[zootscoot]

Check your emails:)

[kennyh]

Zoot,

Very, very many thanks for rapid response.

[kennyh]

ANYONE

D'you know I think I was brought up 'right' by CAG and have always sent copies of all docs to all parties. In this instance we sent a copy of the AQ to the court and UCB. Never heard a word in reply OR a copy of their AQ. So, putting together a court submission now, with gaps in our knowledge on wot the opposition are likely to contend, seems a little wierd and unsettling.

The court directions indicate that we are to send our submission to the court and defendant. The defendant shall, within 14 days thereafter, file and serve a response to the claimant's schedule. Is that to us? Should we have had a copy of their AQ?

PS "Copies of decided cases and other legal materials to be relied upon" - Is this 'effectively' the court bundle?

[kennyh]

Please Mods: Are there any ERC "decided cases" I should include in my submission?

[zootscoot]

The court directions indicate that we are to send our submission to the court and defendant. The defendant shall, within 14 days thereafter, file and serve a response to the claimant's schedule. Is that to us?

 

Yes and to the court

 

Should we have had a copy of their AQ?

 

 

Its not obligatory to send to the other party but considered courteous to do so

 

PS "Copies of decided cases and other legal materials to be relied upon" - Is this 'effectively' the court bundle?

 

Yes

 

Please Mods: Are there any ERC "decided cases" I should include in my submission?

 

No

[kennyh]

Well Zoot - they say I can't click yer scales again - seems b****y unfair. Very many thanks again.

[kennyh]

Hi folks,

I've floated this question in the Tom Brennan thread but here might be more appropriate - but any opinions please

the issue of penalty charges, which critics say do not reflect the true cost to banks, should be left to the Office of Fair Trading

(OFT), might this play to our advantage if this hypocrisy was pointed out to a judge in an ERC action?

[kennyh]

Just handed in our submission and advised that because we were late(!) UCB have applied for a strike out.

We never received the Court Direction (sent to an old address, not redirected or received, and the court office say they never received the address change notification).

Eventually received a copy from court (Sat 21st April), after learning of its issue over the phone.

Phoned court on Mon 23rd and was advised 'OK we'll revise the date and you have 2 weeks from now".

As mentioned above, handed in today and the court office are now denying any such decision (if need be I'll have the telephone company verify that a call took place).

Now cobbling an abject plea to the Judge not to strike.

Furthermore, when asked when the UCB AQ was returned (cos the uncouth opposition never sent us a copy) my colleague was told 'don't know - they don't have a time limit on them - you know'! We were told 14 days and I see from the 'Small Claims Procedure....' that Civil Procedure Rules '98 Rule 26.3(6) says 14days after receipt. Presumeably this IS still extant and does apply to both parties??

I have pm'd Zoot for urgent advice but if BankFodder is in the offing I could really do with a 'hand' here on an acceptable format for the Judge.

Ken

[kennyh]

We petitioned the judge to dismiss the ‘strike out’ motion and heard today that our application has been refused.

Having come this far down the road we now intend to seek to have relief from that decision and will probably ask a solicitor to do it (just in case the Judge is fed up with ‘litigants in person’). Any thoughts anyone; we’re into battle on Monday

[midge61]

Hi

Any news yet?

Midge

[kennyh]

Hi midge,

Been away for a week but b4 leaving we applied for relief from the strike out (N244 and sweet words) and have not yet had a response.

[midge61]

Hi Kenny

Can you tell me if you got all your info when you did your SAR. I recieved a great big binder but it mainly contained their info on data protection and their codes. The bit I need i.e statement of account only goes up to2/1/2001 only 4yrs missing!!!!!!!!!!

Have written asking for the rest but not heard yet. The 40days expired on 31/5/2007 so should I send non-compliance letter now?

Thanks for your help

[kennyh]

midge,

we didn't need a SAR; tis just for the erc. Sorry mate!

And still awaiting the courts decision on relief.

[kennyh]

Well we did seek relief from the 'strike out' and during a phone call to court today 'A', my friend the claimant, discovered that the judge has ordered a hearing on June 26th ( conversation went:

'A' Is there any news yet on our application for relief of strike out?

Court - You are aware that a hearing has been ordered for June 26th?

'A' - How would I be aware - you haven't notified me.

Court - Er, Um - well it's going out today.

Wot are they like!!)

Any advice would be gratefully received

Given that this judge has issued directions, I can't now believe he wants this struck out because the claiments never received the AQ in time!

[kennyh]

Can ANYONE point me in the direction of (or PM me with) any response we give to opposition arguments for Commercial Confidentiality being one reason for non-disclosure. Tried PMing Bankfodder but forgot that many of our key players are away of working on revised templates.

[midge61]

Hi Kenny

Zoot is the best one for things like that. Try sending her a pm.

 

Midge

[kennyh]

Jeeez Midge - I have pestered that lady SOOOOO much.....!!!

[midge61]

SORRY

 

was only trying to help

[kennyh]

Yeh, Midge, I know and thanks.

However if ANT Mods and Plata are out there and can give assistance on #69 above I'd be heverso grateful!

[kennyh]

Please any MODs - I've tried Zoot and Gary but mailboxs are full. I know everyones busy on template work but we've just had some significant, and recent, High Court Case Law thrown at us on ERCs and we have a CMC in less than 7 days. Can someone PLEASE respond.

[zootscoot]

Hi Kenny,

 

Whats the High Court case?