Lady P V A & L (2)

[Lady Penelope]

Finally got round to taking the bank to court, and after offering me a pittance for the total claim (£650 out of nearly 4), I have written the letter back with "thanks but no cigar" letter.

 

Now a little worried, will they really turn up in court, or roll over and play dead?

 

Please advise as I am now worried about how to put my case before the judge?

 

thanks all

 

Lady P

[jansus]

try reading as many threads as you can on A&L and other banks - as far as I know they have not yet defended at a final hearing - but noisypinkbubble had to attend a preliminary hearing at the local court.

 

take one stage at a time - KEEP READING - FAQ - step by step instructions and library.

 

If it did get to that stage there is lots of help here. The two cases where the banks have won seem to be because of badly prepared cases and one where the claimant did not appear. However there are lots of cases going through and I think the judges feel there should be a test case soon to stop the unprecedented number of claimants.

 

I am still moving forward with my claim untill I know differently.

 

jansus:)

[Lady Penelope]

Quick Update from Lady P

 

I took them to court, (not won yet) and surprise, surprise, they have defended.

 

I have sent the solicitors a copy of the charges as they said in their defence "insufficient particulars of claim", and it has now been transferred to Croydon County court.

 

Sorry to sound stupid, do I sit tight and wait for a court date now, and then prepare a bundle?

 

Thanks all

 

 

Lady P;)

[MimiJane]

Quick Update from Lady P

 

I took them to court, (not won yet) and surprise, surprise, they have defended.

 

I have sent the solicitors a copy of the charges as they said in their defence "insufficient particulars of claim", and it has now been transferred to Croydon County court.

 

Sorry to sound stupid, do I sit tight and wait for a court date now, and then prepare a bundle?

 

Thanks all

 

 

Lady P;)

 

You're doing everything correctly Yes, wait now for your local court to get in touch ... you'll eventually receive the judge's directions together with a court date. It normally takes a few weeks to get this, but it depends entirely how busy your local court is.

 

Don't automatically presume you'll have to prepare a full "court bundle" which is basically all the back-up legal papers and case histories the judge may ask you for. It's likely you'll have to include your Charges Schedule, copies of all correspondence between parties and copies of statements with charges highlighted (only those with charges on). You may also be asked for a Statement of Evidence and/or Witness Statement (templates on here) with the basic court bundle as back-up, but more and more people are only being asked to produce a minimal amount, I presume because the judges are getting fed up with these cases as the bank normally pays up.

 

If you do have to prepare a full court bundle, a link to the basic information (i.e. OFT report, parliamentary motions, etc.) is here to print off if you have to, together with lots of other useful info. on what might/might not happen. Take a look, but don't print anything off yet ... there's a lot and it may well not be needed :-

 

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

 

In the meantime, I'd get all your correspondence and statements in date order and wait to see what the judge requests from you. When you receive his Order, post his "directions" on here so you'll get plenty of help as to what's required from you.

 

Mimi

[Lady Penelope]

I have a court date (finally)

 

Late august, now to prepare a court bundle..

 

Erm small thing, if I have mislaid a letter from the bank what can I do?

 

(I know I should have kept a logical filing system going)

 

Thanks all, will let you know when I get the money for the housing budget

[MimiJane]

Hi there,

 

What was in the letter? Did you reply and, if so, could you include this?

 

What "Directions" have you been given by the judge? If you post them on here, you can get advice on exactly what you need to submit (if you need it of course). It's very important you comply with the judge's request correctly.

 

Mimi

[Lady Penelope]

Thank you for your reply,

 

the directions I have had from the judge are to provide a court bundle before two weeks before the date of appearance, which I dont have a problem finding

 

The letters I received from wunch of bankers were the standard "our charges are fair and reasonable, no deviations from what everyone else has received.

 

I am getting a bit worried now re the test cases as this money is going towards my house, and it will put me back a few months whilst I save the rest of the money. Hoping A&L pay up but not holding out much hope.

 

Sorry to sound down, its fustrating getting all this way for them to put a stay (until the oft's case is resolved)

 

[chubbas dad]

wunch of bankers:D that has had me chortling for nearly 15 mins, thanx for the lift.i realy needed that.good luk with your claim,dont worry to much, keep twisting the thumb screws you will come out on top.

[Lady Penelope]

Its not original - I read it on this site first and have used it in many discussions banking (careful ) related

[Lady Penelope]

Hi people,

 

I am preparing my court bundle and will post the headings as soon as I have finihsed them.

 

However I am misisng (thrown away after a sort out) any letters regarding an "automated charge" and pre litigation correspondence.

 

What can I do about this (can anyone supply me with a sample?/ or how do I resolve this error.

 

Thanks again all

 

LAdy P

[Lady Penelope]

Sorry to double post

 

Here is a list of my contents page. Is this everything I need to put into it, PLease advise as I will be copying on Monday evening.

Correspondence.. 2

From Claimant. 2

Subject Access Request. 2

Letter Requesting Refund... 3

Letter Before Action... 5

Letter Following Malicious Closure of account due to the claimant taking action to reclaim money owed. 6

From Defendant. 8

Following request for refund... 8

Following Letter before action... 9

Latest Schedule of Charges.. 11

Statements.. 14

Statement of Evidence.. 76

Relevant Case Law Summary.. 81

Early Day Motion from the House of Parliament. 84

Dunlop V New Garage.. 85

UTCCR 1999.. 87

UCTA 1977.. 98

Terms & Conditions 1997.. 122

Terms & Conditions 2005.. 137

OFT Statement Summary.. 153

OFT Commission Conclusion... 156

 

 

 

 

Regards

 

 

 

Lady P

[MimiJane]

Hi there,

 

Well done, you seem to have included most things. I'd probably move your Statement of Evidence to the top, followed by your charges schedule and bank statements as these are the most important documents and personal to you. I'd then follow it with your correspondence, T&C's and then the rest.

 

I also included some relevant case laws (under Relevant Case Law Summary) from the CAG library in mine, together with the Whistleblower report (link below) and googled any up-to-date BBC online articles. Totally up to you whether you include these or not or course :-

 

The Consumer Action Group - Bank Charges - Reclaim Bank Charges - House of Commons Whistleblower press release from Andrew George MP

 

Good luck

 

Mimi x

[Lady Penelope]

Finishing line in view

 

Wragge and co have offered a settlement - the amount of fees less interest without appearing in court.

 

Do I take the money and run or do I go for interest and costs?

 

Please could you advise - (Fairly urgent as I need to make a decsion soon)

 

Thanks

 

 

Lady P:confused:

[jansus]

sorry did not see your post earlier

 

We were both in the same position.

 

Technically the S69 interest is only awarded at the courts discretion and mine was £168 I halved it called them back saying - I know in previous settlements you have included this interest and I have been subject to considerable costs bringing this case this far - so my counter offer is £xxxx - ( the charges/fees and 1/2 interest) they went away and came back and settled.

 

Maybe could have got all interest but in view of stays etc - was not going to risk it for £80 and now I dont have to loose money for a day off in court.

 

Its a case of who blinks first - keep calm and do whats suits you.

 

Jan

 

Let us know how you get on - my thread is in A&L successes if you want to see more details - jan

[Lady Penelope]

Where's the Champagne Cork Smiley ?

 

A & L have just settled, with interest but minus some of the charges which are statute barred (I knew they were, but went too far along the route before I realised).

 

No day in court (was tomorrow!) so I now have the day off to please myself.

 

Thanks for all your support and guidance, thanks for those who put this site up and made it easy for the little guy to take on the big guy.

 

Lady P

[scoobz]

Congratulations Lady P...

 

You are very lucky that they paid up as some of us are having a really hard time with A&L !!

 

Enjoy your day off and the money....

 

Scoobz

[MimiJane]

WELL DONE ... REALLY PLEASED FOR YOU

 

 

Mimi x

[jansus]

Great Well done :D

 

Good result

 

you will have to join us in the successes forum!

 

JAn

[Russjo]

Fantastic news, that has given me some hope with the two A&L claims I have sitting on my shoulder. Well done

[j.barton1]

Hi, Well done Lady P. Was it wragges who settled with you?

 

Jenny x

[Lady Penelope]

It was Wragges who settled, I am now thinking that they settle according to location, i.e this was to be heard in South london, and Wragges are in Birmingham - therefore may not be in their interests to defend due to costs (I cant see solicitors travelling by coach or cattle class!)

 

They made an offer last friday for just the amount I had claimed, and I said no as they had fought this all the way, and held out for some of the interest. They paid in full with interest minus the statute barred items.

 

Waiting for the cheque (as they had closed my account!) - a letter to OFT will be forthcoming, if I want to take it that far!

 

Best of luck to those in court today.

 

Regards

 

 

Lady P

[j.barton1]

Thanks lady P