Proposed Group Litigation Orders : Poll and Discussion

[TUTTSI]

Re: Proposed Group Litigation Orders : Poll and Discussion

hi
once i have written to the bank to complain about charges how do i go about taking them to court? As i want to be included in this GLO and i currently have a case stayed with halifax but i have a lloyds/tsb case that i have only written to them about?

Is it too l8t to take lloyds to court at this stage?

Also no-one has got back to me regarding info on my claims to be included in GLO even though i sent an e-mail to Tom.

any information would be appreciated on this one.

Hi Jules

I sent my details to him the same day that I received his email and he responded immediately. He did tell me he was going to be out for a few days, but would catch up with everyone on his return. If you do not hear by say wednesday, send him another email!

xx

[jules2008]

Re: Proposed Group Litigation Orders : Poll and Discussion

ok thanks will do

but what do i do about the lloyds tsb i have written to them to complain etc but have not got a court case in place with them how do i go about that and is it too late to do so?

cheers

[EXC]

Re: Proposed Group Litigation Orders : Poll and Discussion

The usual approach is to wait out the 8 weeks the banks have to deal with your claim - from the point you wrote to them - which is dealt with as a complaint. Then issue at least one Letter Before Action (to comply with CPR rules) and then issue a court claim. The easiest way to do it is using Money Claim Online: https://www.moneyclaim.gov.uk/csmco2/index.jsp

However before the waiver and stays I made a successful court claim with Barclays without even making a complaint or issuing an LBA.

In my view there is nothing to stop you issuing a court claim immediately to qualify for subscription to a GLO without waiting for your case to be stayed but I'm not certain. Anyone?

There's certainly no harm in issuing a court claim anyway as it could speed up an eventual refund if and when the OFT win the test case.

[Smasher]

Re: Proposed Group Litigation Orders : Poll and Discussion

Across the forums it's looking like this:

Abbey 1
Barclays 8
HSBC 2
HBS 2
Nationwide 1
Natwest 2
Lloyds 3
A&L 1

2 more to add. 1 for Halifax & one for Norwich & Peterborough Building Society. Both eligable for legal aid.

[EXC]

Re: Proposed Group Litigation Orders : Poll and Discussion

Thanks Smasher. I'll ask Tom to PM you for details.

[EXC]

Re: Proposed Group Litigation Orders : Poll and Discussion

Just to let you know, Tom's working very hard to set the GLOs up but it is not an easy or straight forward process and so your patience is appreciated.

[righty]

Re: Proposed Group Litigation Orders : Poll and Discussion

Rock on Tom

[ROBSTER]

Re: Proposed Group Litigation Orders : Poll and Discussion

I seem to remember that you are looking for 2 claimants(min) from 11 banks

which other banks or building societies are you looking for claimants for?

Northern Rock?

RBS (or does Natwest cover that)?

Clydesdale/Northern Bank Yorkshire?

Any More ?

[EXC]

Re: Proposed Group Litigation Orders : Poll and Discussion

Here's what we had at 5 Jan:

Abbey 1
Barclays 8
HSBC 2
HBS 2
Nationwide 1
Natwest 2
Lloyds 3
A&L 1

Northern Rock don't do current accounts,

[ROBSTER]

Re: Proposed Group Litigation Orders : Poll and Discussion

Yeh I Know, what I need to find out is whats required to complete the picture for Tom to get the ball rolling. I.e. which other banks need to be "represented"
and how many from each one.

Ill P.M. Tom to explain

[EXC]

Re: Proposed Group Litigation Orders : Poll and Discussion

There's no real minimum. In an ideal world there would be several claimants for every bank which cover all the issues ie hardship, consequential loss etc.

There's plenty to be getting on with for the time being. Once a few GLOs are established the resultant publicity shoul take care of the rest.

[askl]

Re: Proposed Group Litigation Orders : Poll and Discussion

Tom,

Hi, we corresponded briefly late May '07.
I don't know if my case started in Jan '07 will help you, if so I'd like to do my bit.

I'm currently eligible for legal aid, but this may change in a few months, I'd need to understand the criteria more fully (happy to discuss this off-line).

The background;
A, The "penalty" charges were made to a company (which I owned and guaranteed),
B, These charges amounted to about £4k with £18k interest thereon,
C, The charges were made by NatWest in 2000 and 2001 (High Court judge Mr Justice Andrew Smith concluded in Jan 09 that NatWest's 2001 terms may be penalties),
D, NatWest is claiming the charges and interest from me, my defence in summary is;
a) the account should not have been treated as overdrawn as borrowings were within the limits guaranteed,
b) the amount charged were excessive relative to the cost to the bank (the OFT case),
e) interest at 33% APR was excessive and not in keeping with contractual terms (this they appear to have conceided by sending me a recalculed interest £11k lower, however the claim remains unchanged),
E, I have disputed the entire claim and counter claimed for ~£16k,
F, At the 3rd and last direction hearing on 28 Jan 09 the deputy district judge Emanuel...
"Upon the Claimant confirming to the Court that there are no other contractual documents upon which they rely in relation to their claim against the defendant save for those served with their Re-amended Particulars of Claim,

IT IS ORDER THAT;
1) The Claim shall be stayed pending;
a) resolution of the OFT/Abbey Litigation, or,
b) upon the Claimant's application that the foregoing litigation is not relevant to this claim,
2) Subject to Paragraph (1) permission to either party to lift the stay or seek further directions.
3) The Claimant shall serve in writing in upon the defendant's answer to the following by 4pm on 28th February 2009;
a) the method of calculation, or the break-down, that gives rise to "cheque return fees" being claimed in the sum of £30.00 per item;
b) the method of calculation, or the break-down, that gives rise to the sums claimed against the defendant as "excess borrowing"."

I don't expect to receive anything of merit, unless of course being a government bail-out makes NatWest contrite.

Regards,

ASKL

[FrankyG]

Re: Proposed Group Litigation Orders : Poll and Discussion

I have a claim pending in Southport court against A&L and I think I qualify for legal aid.I am still working but should have retired in January but cant afford to. I have my wage + Pension and my wife is on incapacity.

[Luminol]

Re: Proposed Group Litigation Orders : Poll and Discussion

If you have only writte to a bank to advise them you want your charges and your upto the wait til after the test case phase does that mean I qualify for this, after Apr 09 my income will be below the threshold so I should qualify for legal aid.

[gwancarl]

Re: Proposed Group Litigation Orders : Poll and Discussion

Hi,
My claim is with LLoyds TSB in the Northampton CC. I have just received a letter from their solicitor explaining that they are requesting for the case to be stayed.

I believe I would be eligible for Legal Aid