business claim 1992 and onwards

[sharpgun]

yes but there is no mention of the UTTCRs which is the main argument on a bussiness claim

[hedgey06]

yes but there is no mention of the UTTCRs which is the main argument on a bussiness claim

 

But the Unfair Terms in Consumer Contract Regulations (UTCCR) doesn't affect business claims

 

What you need to do with the template is to personalise it to your own claim to show that the test case doesn't affect business claims as it's looking at different statutes from those that cover the general consumer claims. Therefore, your claim (as a business claim) should progress as normal.

[sharpgun]

ok rang court today to see if they had had any requests for stays and they said nothing as yet they have untill the the 9th to either put in their defence or ask for a stay. maybe tactics are coming into play here leaving it to the last minute so i have to rush a responce. my letter goes in tomorrow opposing a stay hopefully before the banks.

what happens if they miss mondays deadline?

[hedgey06]

If they miss Monday's deadline, you'll need to give them an extra couple of days at the very least. Cobbetts (in line with other banking litigation teams) very often file their paperwork late - and the courts seem to allow them to do so. Very frustrating - but unfortunately true.

 

However, once they're a few days late submitting the defence - you can enter judgement against them. Let's hope they forget your claim!

[sharpgun]

hi hedgy

went to court today to deliver my letter opposing a stay, should nat west send one. whilst there i asked the very nice young lady what would happen if they dont put in a defence by monday she said on tuesday apply for judgement, but it would have to go in front of judge for him to make a decision. surely if they dont defend they have to pay?

[hedgey06]

Hi sharpgun,

 

Regardless of what the lady at the court offices said, I'd be inclined to hold off applying for Judgement for a few days. The main problem with applying for Judgement the day after a defence should have been submitted is that the process could be slowed down even further. There's a really good post by hagenuk here http://www.consumeractiongroup.co.uk/forum/natwest-bank/112523-judgment-set-aside.html#post1113383 that explains this in more detail.

 

So to be honest, if this was my claim, I'd give them a few extra days to submit . . . . just in case!

[sharpgun]

ok

just opened post to find that cobbets have filed a defence. 11 point defence.

No mention of a stay

any thoughts anyone?

[sharpgun]

have rung the court to find that the defence has been put in front of a judge for direction. Is this normal?

will he try and stay?

[hedgey06]

This is completely normal Sharpgun. They tend to apply for the stay after they've filed the defence.

 

However, you might be interested in a new development from the last couple of days. Cobbetts have written to two business claimaints on the RBoS forum to inform them that they're applying to the have the stays lifted due to them being business claims! Here's one of the links http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/102725-barneybubble-rbos-2-12430-a.html#post1112764 - the other one is 'lANCASTER CHELSEA'.

 

These are strange times!

[sharpgun]

have found some old letters from nat west bank from 1997 and found some jargon about fees and charges being repayable.

On the bottom of a lot of the letters it clearly states that an excess fee of £3.50 a day will be payable should i go over my agreed overdraft. will these be relavant?

[hedgey06]

I'm trying to rack my brains............. could take some time! I distinctly remember reading a thread a few weeks ago where it was ascertained that these fees (£3.50 per day) could be reclaimed as they're actually penalty charges. I'll have a look through the threads I'm subscribed to and see if I can find the post.

 

Keep hold of them - IMHO these letters could prove to be very relevant to your claim.

[sharpgun]

sorry i have claimed them back, it was just the wording as to using the word (fee)

[hedgey06]

Sorry - my mistake!

 

Definitely keep the letter(s) for use at a later date - they may come in handy when you're putting your court bundle together.

 

I'm just wondering how they justify a charge of £3.50 per day

[sharpgun]

spoke to court today to see if they had heard anything from judge. they said they hadnt and it could be up to a week before they heard. my only thought is that if it was being stayed it would have been sent straight back.

[hedgey06]

Going off what you've read from other threads on the Nat West forum, would you say that the Cobbetts defence was one of their usual templates?

[sharpgun]

i havent really looked yet i wanted to get past the judge and then start. but i have looked and because my claim is prior to six years and bussiness there doesnt seem to be much on the site, but will start as soon as i know it hasnt been stayed

[sharpgun]

on reading the defence again it appears that the first four points are asking the the court to strike out the claim because its time barred but then starts its defence. do they expect to defend?it seems to be baseing its claim on (section 15of the supply of goods and services act 1982) they are asking me to prove that the bank charges are unreasonable. surely the other way round.

[sharpgun]

dont believe this got home tonight to read a letter from court to say.

if the cliamant wishes to lift the stay then an application must be made on notice and the matter agreed before the court before a decision can be made whether to lift stay.

THEY HAVENT TOLD ME IT HAS BEEN STAYED. :mad:

[hedgey06]

Sharpgun, phone the court tomorrow morning and explain that you haven't had formal notification yet of the decision to stay your claim. Tell them that once you've received formal notification, you'll be submitting your formal application to have it lifted.

 

In the meantime, phone Cobblers. As I posted before, they've already applied to have stays lifted on two other threads in the RBoS forum as they've recognised that they're business claims. Ask them why they aren't applying the same policy to all business claimants and tell them you'll be using this as evidence against them in your formal application to have the stay lifted (whether you can use it or not I don't know at this point - I'm posting in anger!)

 

Please call the court and Cobblers asap - post back when you get a response from them and best of luck mate.

[sharpgun]

listen to this then.

just spoke to court and asked why i recieved letter yesterday and the woman replied that it didnt make sense because the case hadnt been stayed.she is putting it back up to the judge (left and right hand come to mind). How can i trust judges like this.

[hedgey06]

In a nutshell, it's difficult to trust them (DJ's) when they're not consistent!

 

As Cobbetts have already applied to have stays lifted on at least two business claims already, they're in pretty poor shape if they try to have a stay put on your claim (and indeed other claims). On what grounds would they do so?

 

Sounds as though the court office has sent you a 'standard letter' to be perfectly honest. However, if your file has been passed back to the DJ, it also sounds as though 'somebody' has picked up on the error!

 

Let's hope a little common sense is now applied and that the DJ realises that your claim does not touch on the UTCCRs at all.

 

If he/she does, however, grant the stay - you now have some excellent material (courtesy of Cobbetts!) to apply to have it lifted.

[sharpgun]

hi hedgy did you get it

[hedgey06]

Hi sharpgun,

 

Got it! I've sent you a message.

[sharpgun]

hi hedgy cant sleep cause i gotta get up early to catch a plane.will be back sat night. hope u got my poc as requested

[hedgey06]

One PoC received - thanks!

 

Hope you managed to catch your flight