Groovycaz v The unCooperative Business Bank

[groovycaz]

Hi all,

Changed my POC, only cost £35 so patiently waiting...GC

[groovycaz]

Hi all

recieved today from the court Notice of Issue and will be deemed served on 12 July 2007, will keep you all informed...GC

[groovycaz]

Hi all

just got back from holiday to a letter from PW Kerns Solicitor with a copy of the Acknowledgement of Service intending to defend all the claim, and signed PW kerns Civil litigation Adviser, the address is Legal service Dept, 19th Floor, Miller Street Manchester. maybe in house solicitor?..GC

[Micky the Hippo]

you seem to be on almost the same timetable as me caz, I got acknowledged by the very same chap on Wednesday

[groovycaz]

Hi micky

just been reading through the coop success threads and cant find any that actualy went to court, have you seen anyone else's thread where the coop turned up in court?...GC

[Micky the Hippo]

I'm read up on Smile, not so much Co-op although they're the same people aren't they?

 

The Smile posters told me that they always settle just after LBA and they did pay my basic charges a day or two after the N1 was served, the Smile threads are almost all deadly dull and one single page before settlement

 

so no, is the short answer I suppose, although quite why they haven't paid me, or you, is beyond me, I'm only claiming charges plus debit interest

 

although I'm claiming two Smile accounts and a coop cc at the same time they insist on replying separately for each account which doesn't make things any easier

 

even Barclays and Natwest don't turn up in court very much

[groovycaz]

Hi all

recieved this today from PW KERNS Solicitors

 

Dear Groovycaz

 

I write with reference to your above calim and confirm that I will be defending your claim. I note from your particulars of claim that you are seeking reimbursement of charges for the period 26th Nov 1996-24th July 2000.

 

It is evident that you have in your posession copies of all your banking statements and I would be grateful if you could provide me with copies of such statements datailing the individual charges claimed by return. I will of course reimburse you for your reasonable photocopying and postal charges in this regard.

 

I look forward to recieving you early reply. if you wish to call me my direct line is 01619035593

 

yours sincerely

 

PW Kerns

[Micky the Hippo]

oh good, I suppose I'll be getting that one tomorrow

 

remind them that you supplied Coop with a full set of your charges with your POC

 

tell them to send a SAR to Coop

 

[groovycaz]

Hi Micky

I should do just that, ive already sent the Coop a copy of all my statements showing the charges when I very first wrote to them asking for it back..GC

[Micky the Hippo]

I'm sure the proper advice is to send them another set as they ask but write a covering letter saying that you've already sent the bank so many sets already on so many dates, and add that to your file for later so show how helpful you've been and how silly they've been

[groovycaz]

Hi Micky

posted copies of all statements showing charges and posted them to Coop solicitors today, il let you know when I get a reply...GC

[Micky the Hippo]

I confidently predict some waffle about the OFT and stays and a feeble goodwill offer to save you having to wait until the end of time

 

Just got that today from NatWest

 

Ah well, what can we do

 

best o' luck

[groovycaz]

The way my lucks going lately nothing would supprise me, I was in court todat with citicards and although its a credit card account, it was STAYED for 4 months, i never got the chance to have my say even though citi failed on the draft directions for full disclosure..GC

[Micky the Hippo]

wha?

 

because of the OFT thing?

 

I thought the whole point of the draft directions was that failure to comply meant being stuck out?

 

 

dear god, you must due something decent shortly after that

[groovycaz]

Hi Micky

the OFTs ruling has nothing to do with credit card accounts, but after pointing this out and the fact that the directions for full disclosure had not been complied with, the DG was having none of it and said that all claims of this kind were being stayed, im now concerned that the same thing might happen with my business claim, im looking for template letters to object in case this happens...GC

[elsinore]

Subscribing

 

Els

[groovycaz]

Your very welcome elsinore,

Ive recieved their defence today

1 they admitt that i held an account with coop which was closed around August 2000

 

2 they are unable to admit or deny that during the period 26th Nov 1996 to 24th July 2000 that charges and interest were debited as the only records now held about transactions on the account are screen shot statements for the period, the claimant appears to have copies of her original account statements as she has annexed a schedule of charges specifying dates and amounts to her POC, despite a written request on the 10th July for copies of the statements the claimant has so far failed to respond, if and when the claimant provided copies of the documents and subject to the limitatrion issue below being resolved as a preliminary issue in the claimants favour, the defendant will plead further to the remainder of POC if it becomes necessary.

3 It is the defendants case that the entirety of the claimants claim as set out in her POC is statute barred as the cause of action arose more than 6 years prior to the issue ofproceedings and the claimant seeks to rely on s32 (1)(b) of the limitation act 1980.

4 the court is asked to list the matter for a directions hearing as the first available opportunity so that directions can be given for a preliminary hearing of the limitation issue so that the matter can be dealt with in the most fair and cost effective way having regard to the overriding objective of the civil procedure rules.

 

this crossed in the post with copies of my banking statements, il PM a mod with my claim number...Gc

[groovycaz]

Just noticed the wording of the defence "the only records now held on the account are screen shot statements for the period 19.07.2000 to 31.08.2000" so 1 months transactions on screen shot, yet they previously offered a refund to jan 2000, something amiss one thinks...Gc

[groovycaz]

AQ arrived this morning

[Micky the Hippo]

oh good, I have no real idea what the AQ is for, it could easily be covered at the N1 stage is seems to me

 

seems just like the sort of barrier to access to the courts that the small claims courts process is supposed to offer

 

what can you do other than play the cards you're dealt with

 

might take longer now with the stays and OFT and so on but we'll all get there in the end and the stat can continue to mount up at 24p a day

[groovycaz]

Hi Micky

ive asked for help with this one, never filled in AQ before, they always paid up before it got to this stage..Gc

[Micky the Hippo]

oh go on, they're easy once you've done one, the advice on the stickies is idiot proof, the associated draft directions and strike out are cool too

 

old salt like you, tsk

[groovycaz]

Now now Hippo, we'll have less of the old salt, if you dont mind, I like to think im still GROOVY, we can all dream:o ha ha..

[groovycaz]

AQ sent in, had a letter from solicitors telling me the lady who's dealing with my complaint is on holiday till 3rd sept, so mybe hear from them next week!!!Gc

[groovycaz]

Hi all

recieved a copy of the Coop's AQ today, they state that there will be 1 other witness and in other information they state, The Claimant is seeking charges and interest applied to her business bank account six years before the issue of these proceedings. The defendant contends that the claim is statute barred and that it is appropriate for that point to be decideed at a preliminary hearing. The Defendant would suggest that directions at this stage should be confined to listing the matter for a preliminary hearing on limitation with an estimated length of hearing of 1 hour and 30 mins.

My court has not stayed all penalty claims