Final stages A&L

[Woolleykat]

Hi new to this site hope you can help. Got as far as transfer of proceedings but need help with court bundle. Can't seem to find or download the McNamara interview transcript or find the OFT report front cover section 1 overview and section 4.21 disguising penalties. Tried the OFT site with no luck (proberbly looking in wrong place). I am absolutely rubbish at computers especially at files and where to find and name them, so anyone who can help would be appreciated. Also need A&L TC's for 2005, can't find mine. No court date yet but would like to be prepared as getting a bit freaked.

[sea-sidelady]

Hiya Wooleykat.

 

You should make a new thread in the A&L forum..

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/

 

You wiill recieve all the help, advice and information in there.

[Woolleykat]

Trying to do court bundle can't seem to download or find transcript for McNamara interview or full OFT report to get front cover, section 1 overview & section 4.21 disguising penalties. Not good with downloading files or finding them if I do. Useless really. Also need TC's for A&L 2005. Usually keep everything, typical can't find these. Need any help I can get as haven't got court date yet but need to be prepared. Can't afford any more 'blonde' moments.

[bsia666]

Hi Woolleycat, here are some links...............

 

I just tried this one so it works,

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

 

Peter macnamara.....

http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

 

From mimijane................O ct 2005

Internet Archive Wayback Machine

 

I have sent you a private message. Please keep up the 'blonde' moments as you know they can be fun:)

 

All the best in your claim.

William.

[Woolleykat]

Received 2 letters on same day, one from Wragge's making a full and final settlement offer on basis accept clients t&c's etc for £679.55 plus the £120 court fee - payment made within 28 days of acceptance - haven't done anything about this yet. Other letter from local court - General Form of Judgment or Order - cosidering striking out the Defence who have got 14 days to get their act together. (9th & 10th July respectively)

 

Question - do I reply to Wragge anyway declining their offer, do I wait to hear from the court and if in my favour what can I do about any extra costs/interest since original letter showing break down (not mine yet) with interest 8%, last entry 15 June 07, as this will have gone up and there will be the costs of letters, photocopying, time etc. and the apology letter I may have to send to the court for wasting their time or does the court just award the figure origionaly stated?

 

Feel so near and yet so far, can't afford to mess up now.

[squarebob]

Has anyone sorted out your problems yet?

 

There is only a thin line between Sanity and Insanity. Those of us who have got quite a long way down the claiming trail, have devised a way of keeping our sanity while waiting for the banks to cough up.

 

Jack Nicholson of

One Flew Over My Cuckoos Nest.

[Woolleykat]

Has anyone sorted out your problems yet?

 

There is only a thin line between Sanity and Insanity. Those of us who have got quite a long way down the claiming trail, have devised a way of keeping our sanity while waiting for the banks to cough up.

 

Jack Nicholson of

One Flew Over My Cuckoos Nest.

 

Sanity, problems, me! Nooo! Not in a million cuckoos, I don't fly either tho have tried, wings didn't work.

[squarebob]

Try The Old Amber Nectar, I always manage to fly after a glass or two.

 

Night Night.

[j.barton1]

Hi Wooley, some of us are sane...but we hide it well, how much are you claiming?

If A&L have offered you everything bar up-to date interest give them a ring and tell them your figure....nothing to lose.

 

Jenny x

[Woolleykat]

NO they haven't offered me anywhere near, about 1/2 and that's without the court costs and any other charges since June. Not heard anything from the courts yet either as to whether it's been struck out or not.

[j.barton1]

I'd send them the thanks but no thanks letter to wraggies, then wait for the court to decide..

 

xx

[squarebob]

Have you Heard

 

All Claims To Be suspended Until The Outcome Of A Pending Trial Between The Banks And The OFT.

 

Billy Badger

[Woolleykat]

Got a hearing for 1st October, swines decided to object to strike out:cry: what do I put in the rebuttal section of the court bundle? Confused over this as seems it's a point by point reply to the defence. Also Wragges wrote with a final offer of £679.55 plus court fee on basis I accept t&c's etc. about half of claim - do I accept as part payment without the cond. and see them in court and if I do how do I know - and I say this very loosely as I don't think they've got any - if they will honour it and I will get the money?

[texel]

if it were me. I would just say I accept the figure as a part payment and expect the balance before the date of the court hearing or I will be happy to meet their representatives in court which will increase their costs. I won against A&L out of court settlement. Don' wqorry it will all work out for you in your favour.

[Woolleykat]

Received letter from local court with hearing date for Oct 1st for hearing of strike out issue, A&L objected to Judge wanting to strike out and put in a 3 page letter by fax to the court -(I had to ask for a copy from court).

 

A&L gives a point by point argument main bits - The Defence sets out a valid Defence as matter of law. A party who has a bona fide Defence in fact and law, and is able in good faith to sign a statement of truth, is entitled to pro9ceed with its case. Those requirements have been met here, and there is therefore no basis for the Court to make an Order suggesting that the Defence should be struck out.

 

They raise the case of Berwick v Lloyds TSB bank and included a copy of the judgment (not to me)

 

The Court bases its Order on assumption that the Defendant has settled all previous claims of similar nature. this assumption is false and there is no evidence before the Court upon which such an assumption can be made. Even if it had settled all previous claims its basically saying each cas on its own merits etc.

 

Court must decide cases solely on evidence received in the case, produced by both parties and not on his own recent searches or personal assumptions. Saying this was broken in Court order of 9th July. No factual basis for courts assumption that Defendant has settled all previous claims of a similar nature (the all was underlined) and that there is no such evidence from the Claimant.

 

Court asked for Defendant to file a statement setting out list of all claims it has pursued to trial and all claims it has settled of a similar nature the that brought about by the Claimant. They say they are unable to do that because of client confidentiality and quoted data protection act 1998 and that the claimant has no entitlement to seek details of defendants other customers and in particular those other customers who have been unable to run their current account without incurring unauthorised overdraft fees.

 

Likewise for the court the details of other customers sought by the courts order of 9th July is not relevant to the matters in issue in this claim.

 

The material being sought appears to be material for the courts own purposes in seeking of the courts own volition to justify a strike out of this claim without hearing the merits of the arguments as a matter of law. It is objectionable on that basis.

 

There is other bits and pieces but thats the main of it.

 

Now the question!

 

What do I need to take to the court - 1 1/2 hour hearing allocated. What type of questions do I need to ask. Do I send some sort of letter to Wragges saying see you at the hearing. Basically what can I chuck back at them. Also read on site about the statement they've(A&L) made about the test case. Was that a general press statement or was it supposed to have been sent out to all customers or complainants?

 

Know it's a long one but it seems different to others.

[squarebob]

Pussycat,

 

A&L have had their wrist slapped once before for using the Berwick v Lloyds TSB as a basis for not coughing up. Seems they won't die easily, so sharpen your 'CLAWS'

 

fancy a trip to Birmingham? (We can always do the Cadbury factory after Wragge's).

Foxxy xxx

[Woolleykat]

Q! not keen on la chocolat any other sugestions?? What's B like not really been before only to concerts . Claws are always sharpened, cat by name cat by nature. Not many plates etc left in this house. not a matching set anyway!!

[squarebob]

Cherie, cannot say too much about B, always went past it not thru it, Warwick is interesting though. You sound like a cat with 'Spirit' or perhaps are you Greek?

 

Felix xx

[Woolleykat]

Had a greek boyfriend once very strange as think he was on the turk side and in the army, had a heck of a job translating the postcards, eventualy had to ask latin teacher to translate:D not sure what he had to keep back though lol! God knows what it would have led too.

 

Besides I thought cats were gods in Egypt not Greece?

[squarebob]

Madam Woolly cat

 

I have left you a message on the end of one of my threads, I have been indisposed up to now. What is it with females and foreigners? Talk with a funny accent, and you all go weak at the knees, why? Friend of mine's Siamese, the other is Persian, the first one is spiteful and the second one looks down his nose at you. Peter No tail is quite friendly though and he comes from Sweden!

 

Felix (or Lucifer) depends if I'm feeling in a 'Devilish' mood or not!

 

BUMP BUMP BUMP

[Woolleykat]

Can't understand half the people in my own town never mind the foreigners. We have a lot of the Polish now as well as gypsy's, law and language to themselves, no1 son and friends even slang it!! My friends are all good old fashioned farming stock like myself.

[jansus]

Is your bank quoting the Lloyds victory to put you off claiming? - Contact

 

 

I think the fact that A&L are using this case as a defence against strike out is very relevant - especially as they have had hands slapped before.

 

If you put in berwick v lloyds as advanced search you will get more info.

 

Also I feel they could provide the banks with figures without breaching data protection. The courts are not asking for personal details only figures .

 

Have you found the link on here to get the court case numbers and amounts of succesful claims?

 

Also I feel there must be something in their yearly accounts giving us figures - if someone could lay their hands on them ?

 

 

Jan

[Woolleykat]

Have you found the link on here to get the court case numbers and amounts of succesful claims?

 

Also I feel there must be something in their yearly accounts giving us figures - if someone could lay their hands on them ?

 

 

Jan

 

It would be good to get hands on their yearly accounts (as well as their throats). Not sure if I've got the link you suggest. Have succesful claims type thing but not court case numbers. Can you tell me where to find link?

[jansus]

If you go to "litigation" section in forum at top in red - then when you go in mark the boxes as to what you want to see. eg A&L concluded cases and court numbers - then print up

 

Jan

[Woolleykat]

Thanks Jan got that. Need to write to Wragges declining their generous offer:rolleyes: but template I've looked at doesn't seem suitable. This is the second offer with the usual accept t&c's and full and final settlement letter payment within 28 days of acceptance. The first one I declined with the template and sent cancelled cheque back. This one came on same day as they objected to the stay put on by the court so now have court date. What would be the best way to say no thanks (polite) without doing the same letter again?