Hbukowski v Abbey

[zootscoot]

Some additions to your bundle:

 

 

Limitation Act 1980 (c. 5:cool: - Statute Law Database

 

 

House of Lords - Kleinwort Benson LTD. v. Lincoln City Council

Kleinwort Benson LTD. v. Mayor etc. of the London Borough of Southwark and Others

Kleinwort Benson LTD. v. Birmingham City Council

Kleinwort Benson LTD. v. Mayor etc. of the Lo

 

Williams v Fanshaw Porter & Hazelhurst [2004] EWCA Civ 157 (18 February 2004)

 

Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)

 

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

 

There is no template you need to argue that either the bank deliberately concealed facts relevant to your cause of action ie the cost to them of dealing with your breaches of contract or that you paid the charges in the mistaken belief that they reflected the costs of processing your breaches.

[Hank Bukowski]

Hi Zootscoot,

 

Thanks so much for your post.

 

Cheers,

 

HB

[Delboy01]

Hank what is your Court Date as there seem to be a few claims sheduled for 8th May at the Merc?

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/83636-small-claims-hearing-london.html

 

hope mine is going there, mine is being sent there no date tho I wonder when the list closes??? Anyone?

[BankFodder]

Sky News thinks the bank-charges story is one of great public interest and, as such, we are giving serious consideration to covering Thursday’s “Case Management Conference”. Is there any chance you might put us in contact with one of the claimants? I should imagine that many are members of your web forum! We would be keen to interview them, in advance of the hearing, about their experience with their bank.

Joel Hills

Business Reporter

Sky News

07920 781 071

...

[Delboy01]

Re the 6 years limitation To Quote my good fiend Bookworm

 

"Well, when it comes to settlement, it's actually quite simple:

Do they pay up because the charges are penalties? Apparently not, they pay as a gesture of good will, or because it would be uneconomical to defend. Therefore, they can't invoke statute-barred on a debt they do not recognise exists. QED.

So the answer is:

a) Either they agree it's a penalty to invoke it's statute-barred and they'll have to argue SOLA in front of a judge.

b) Or it's a GOGW or whatever, and now you're negotiating the amount to make you drop your case. Which happens to be 100% of your charges + court fee + interest.

Can't have it both ways, chaps. "

 

DELBOY

[Hank Bukowski]

Hi Delboy01,

 

 

Strange thing is I have not heard anything re a date. I had a Notice of Transfer of Proceedings from Northampton to Central London County Court on 12/04/07. This also said that the allocation questionnaire was dispensed with. I then spoke to a guy at the Central London Court who said my case was to be referred to the Mercantile Court.

 

Since then nothing

 

I am at a bit of a loss to know what to do

 

Cheers,

 

HBukowski

[Hank Bukowski]

Hi All,

 

Sorry to bump this but reading about the 8th May hearing in London I fear something is wrong with my claim - I have heard diddly.

 

To those who have had date of 8th - what date was your claim filed.

 

I am starting to lose my nerve.

 

Cheers,

 

HBukowski

[Delboy01]

Hank go here

 

Admiralty, Commercial and London Mercantile Courts

 

on the right hand side click contact us, then ring them, when i click on it it dont work but prob is my comp. Or ring the bank and ask them if they got a date

[hcbm1973]

Hi All,

 

Sorry to bump this but reading about the 8th May hearing in London I fear something is wrong with my claim - I have heard diddly.

 

To those who have had date of 8th - what date was your claim filed.

 

I am starting to lose my nerve.

 

Cheers,

 

HBukowski

 

Hank, reading through this thread can I offer you some advice? I'm in a similar situation to yourself, along with thousands of others across the country. You can imagine that the courts are inundated with an unprecedented amount of claims.

 

Please be patient and don't panic.

 

If you are concerned, ring the London Mercantile Court, tell them your case number and ask what the status of the claim is.

[Hank Bukowski]

Hi HCBM1973,

 

Cheers for that. I will keep my poker face.

 

Hbukowski

[Hank Bukowski]

Hi All,

 

Just an update. I wrote to the court 4 days ago. Still nothimg from anybody. Is anyone in the same situation?

 

Thanks,

 

HBukowski

[Hank Bukowski]

Hi All,

 

Sorry to bump, but wondered if anybody else out there in the same situation in London.

 

HBukowski

[Hank Bukowski]

Hello,

 

Two phone calls to court still no news - its "still with a judge" whatever that means!

 

HBukowski

[Hank Bukowski]

Hi,

 

Still no news.

 

In view of the Lloyds decision today can a Mod let me know if CAG court bundle is Lloyds decision proof???

 

HBukowski

[Hank Bukowski]

Hi All,

 

Still no news.

 

In View of the recent Lloyds victory-Can a Mod let me know if thE CAG court bundle is Lloyds decision proof.

 

Thanks,

 

HBukowski

[Hank Bukowski]

Shameless bump

[zootscoot]

Ensure you have a copy of all the relevant terms and conditions which you will be relying on includng any terms relating to condition of use of debit/cash/cheque guarantee cards, any terms contained on direct debit of standing order mandates etc.

[Hank Bukowski]

Hi All,

 

I have still heard diddly. I had a Notice of Transfer of Proceedings from Northampton to Central London County Court on 12/04/07. I have phoned the county court regularly but it is still with a judge.

 

Is anyone else in this position. I am starting to lose the will to live and feel joy tinged with jealousy when I see someone else has received their money.

 

Cheers,

 

 

HBukowski.

[Hank Bukowski]

bump

[Delboy01]

Another bump

[Hank Bukowski]

Hi All,

 

Well after all that waiting my case has now be transfered to Clerkenwell and Shorditch County Court - NOT Mercantile court. Just to confuse me even more I have (22/06/07) received a General Form of Judgement or Order sataing that

 

"Both parties do by 4:00pm on 09/07/07 file at court an allocation questionnaire"

 

I have been sent the N150 form.

 

All this after intially being told by London Central court that allocation questionnaires should be dispensed with.

 

Do I now complete the N150 as advised in the template library with the disclosure letter thing or is there newer advice.

 

Could a moderator have a look at my case and advise please.

 

Confused,

 

HBukowski

[Hank Bukowski]

Bump

[Hank Bukowski]

Anybody?

[Hank Bukowski]

A bump as I am desperate!

[Calculator]

Hank,

I have noted your desparation and that you are having trouble getting a reply. I can't offer much, but I have had a read of your full thread. From what you have said there is no getting away from the fact at post 46 that your case has been transferred to Clerkenwell & Shoreditch County Court, not Mercantile and that they have sked for an N150. Therefore I cannnot see that you can do any other than comply.

Why don't you phone the Court for clarification of what has gone on and the fact that you had previously been informed that AQ not necessary and you were expecting transfer to Mercantile.

 

If your case is no longer Mercantile, then you need to get a moderator to transfer your thread back to the forum from where it came.

 

Either 'bump' again for a moderator or if that fails consider doing a new thread entiltled 'For the urgent attention of a moderator' and direct them to this thread.