A&L bank charges

[alice-rose]

hi spacemarine,

don't get nervous... we're all in the same boat as you.

mcol have been inundated with claims, and are actually having to instal new systems to cope with the situation.

You are not alone -

(although we all feel we are at the mention of

Court, Court Proceedings or a Court Date.

If there were only half a dozen of us making a claim on this forum, I would be very worried, but it seems

Half the country are currently claiming back their bank charges.

The Courts are being inundated, and some Courts are adopting a strategy of block booking

Even the BBC News site has templates for you to download to reclaim your bank charges ! thats how far its gone.

Completely unprecedented.

don't worry....

 

 

alice xxx

[MimiJane]

I wouldn't get nervous ... I only know of one person who's had to attend a full hearing (and that was in Ireland). Though there are quite possibly more I don't know about, it's probably only a small handful out of thousands:rolleyes:

 

In virtually all cases, Wragge attempt to settle beforehand, or they don't submit their court papers in time (as in my case).

 

Chin up, you'll be fine

[jansus]

yes - best of luck - got my second offer today - going up all the time

 

jansus:)

[spacemarine]

thnkyou everybody for your kind words of encouragement,

i wish you all luck with your own cases and i will keep you posted of what goes on

[Batgirlno1]

Hi, i hope you don't mind me replying to this thread but I can't work out how to post a new one!!!! I too am fighting All & Pester:p ,as I noticed they were being reffered to as! I'm at the stage where they have entered a defense, the case was transferred, no AQ, which came as a bit of a shock to me to be honest as I was prepared for a AQ. Back on the website, sent the letter being suggested to the court asking for them to place the order where we both had a limited time to submit all our doc's that we would relie on in court, which to my horror crossed in the post with an official court order! :o I swiflty rang the court the next day to apologise, explained my correspondence had crossed in the post with their court order, I wasn't being rude and ignoring it and asking for it to be done my way, what a nightmare, but thats my long story short. Any how, my court order reads "Before District Judge Thomas sitting at Gloucester County Court, Kimbrose Way, Gloucester, GL1 2DE. Upon a defence having been filed and the case transferred to this court IT IS ORDERED 1 The Claimant do file with the Court Further Particulars of Claim and do serve the Defendant with the same by 16 JULY 2007 after which date the file will be referred to the District Judge for further directions. In failure thereof the Claimants Claim will be struck out. The District Judges of this Court require the amount of Bank Charges claimed in the Claim Form to be particularised showing how the total amount claimed is arrived at by specifying the date, amount and type of each charge claimed. It is not acceptable to merely file or annex copy bank statements even if the relevant charges are highlighted thereon. This order was made on the District Judges own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10

 

Dated 22 June 2007."

Now I read this as all they require from me at the moment is a schedule of my charges, along with a cover letter, charges as requested, claim no, account no etc and nothing else, no statements nothing just my schedule of charges but thought I'd better double check I hadn't mis interpreted the instructions as I would hate to lose on a technicality!! Any help greatly appreciated!

[spacemarine]

hi there

first thing is your bank A&L?

its important that you are in the right thread area for your bank or you will miss information about your bank from other people there are a list of the banks in the main menu,so click on yours and you will be in the right place.

to start a thread there is a little box near the top of the threads on the left hand side that says new threads click on this and it will get you started.

the answer to your posting is beyond my legal knowledge so i cant give you any help but im sure a moderator will pick up your thread and help you.

good luck

[spacemarine]

Doh!

you told me your bank was A&L

sorry

[cazawilson]

Dear Batgirl

 

I had my case transfered and had an allocation hearing on Monday, the only info that the judge wanted was another copy of my schedule of charges (this being the 3rd copy i've sent Wragge). I think thats all he wants, one copy of your charges to the court and a copy to Wragge. I assume at the beginning of your claim you used your statements to produce a schedule of charges specifying each charge your claiming for, i think thats what they want.

 

I might be wrong but thats how i read it. I also had no AQ and the Judge has done awaywith the Bundle, but you may not know that until you receive further directions.

 

If in doubt speak to the court and just make sure that thats waht you have to send.

 

Sorry to waffle my brain goes quicker then my fingers can type.

 

Caza

[spacemarine]

hi guys

i now have my notice of trial date and the paper work, i have pasted the main bits to show what they want if any body would like to pass there eyes over this and pass comment i would be grateful, one thing that did concern me was that they have only alowed 10 minuites for the case, i get the feeling that the judge has already made his mind up before i get there. does not help the ol nerves a bit

 

1) this claim is allocated to the small claims track and the parties are refered to part 27 of the civil procedure rules and practice direction of that part for guidance on how the hearing of the claim will be conducted.

2)

The claim will be heard at William Street Brighton on a date and at a time which is set out on a notice attached to this order, or which will be sent to you later. The court reserves the right to change the place/time of the hearing.

3) From the papers available, it is estimated that the hearing will take ten minutes,

If a party is aware of a reason why this estimate might be substantially

Inaccurate, that party must contact the court immediately.

4) The parties are encouraged always to settle the case by negotiation. the parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues, the court must be informed immediately if the case is settled.

5) The following paragraphs set out the judge’s directions for preparation for the hearing. failure to comply with the directions will result in the case having to be adjourned and the party at fault having to pay costs.

The following directions apply to this claim

6) Disclosure of documents shall be delt with as follows:

(a) both parties shall give each other standard disclosure by list, the lists to be served by 4pm fourteen days before the hearing

(b) any request for a copy, or inspection, of any document shall be completed by 4pm seven days before the hearing.

7) the original documents must be bought to the hearing.

8) The judge may refuse to consider a document or take into account if a copy of it has not been sent to all parties as required by this order.

9) The documents to be sent to the parties and the court must include the statements of all witnesses (including the parties themselves)

10) The witness statement must:

(a) Start with the name of the case and the claim number

(b) State the full name of the witness

© Set out the witness’s evidence clearly in numbered paragraphs

(d) End with this paragraph; I believe that the facts stated in this witness statement are true

(e) Be signed by the witness and dated.

11) the judge may refuse to hear evidence , or consider any statement, of any witness whose statement has not been prepared and copied to all parties and the court in accordance with the paragraphs above

12) Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

13) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed, a party wishing to make an application must send or deliver the application to the court (together with the appropriate fee to arrive within seven days of the service of this order.

[MimiJane]

Hi,

 

Info. on "disclosure" here :-

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

Witness Statements, etc. here :-

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224

 

Don't worry about the 10 minutes ... loads of people have been allocated this time. It most probably means the judge is on your side.

 

Hope this helps and good luck

[nikellie]

hi i am also at the stage where i have received the (gumph) from wragge & co A & L solicitors and am wondering what i do next?

 

do i have to contact the court to tell them that i intend to proceed?

also i am in south wales and i dont fancy a trip to northampton

 

can someone plz help thnx

nick

[sea-sidelady]

nikellie,

 

You need to start your own thread as it gets vey confusing.

Plus you will get more response in your own.

 

But to answer your question, they will transfer it to your local county court.

[MimiJane]

Nikellie, to start your own thread, there's a "New Thread" button at the top of the forum ... just title it "Nikellie v. A&L" and you'll get lots of advice specific to you

 

Apologies if you've worked this out/done it already.

 

Mimi

[spacemarine]

hi everybody

for information

 

I contacted Brighton and hove County Court, east sussex

they have stopped sending out A+Q froms as they are inundated with bank court cases and just passing to small claims section

 

have now sent my £100.00 small claim fee to the court

[Batgirlno1]

Thanks Spacemarine and Cazawilson, I'm gonna have a whirl at a new thread now and copy and paste my original so it's easier to follow.

Wish you both well with your cases, I'm actually more than a tad worried about it all now :-| but, as every-one says, it's not like there's just one or two or even twenty of us trying to take on the banks, it's running into thousands, so we are not alone and looks like it justs pretty standard stuff for us all at this stage from what I can gather :? . Thanks again

[spacemarine]

hi everyone

does any one know how to pass my litigation details to a moderator?

 

Thanks

[j.barton1]

Hi, All you do is send a mod the details by pm.

HTH Jenny

[sea-sidelady]

hi everyone

does any one know how to pass my litigation details to a moderator?

 

Thanks

 

You can pm a site helper aswell.

 

If you pm the details, i will sort it out for you.

[spacemarine]

forgive me for being a bit thick "whats a pm"?

[squarebob]

post A Message Or Massage?

[j.barton1]

click on seaside ladys name and there will be the option to send a private message...or just for SBob, a private massage LOL

[squarebob]

Oh you naughty Yorkshire Lass.

[j.barton1]

post A Message Or Massage?

What me?? You started it LOL;)

[squarebob]

Oh dear,

It can get so lonely down here!

 

xxx

[j.barton1]

I'll join you down here then you wont be lonely...........