'Unless' Orders

[Glenn UK2]

HI all been a very long time since ihave been on here, hope all theold faces are well and life is going ok for them.

Thought id have a look around, i had pretty much forgotten about my final claim against Santander nee Abbey until i got a letter from them saying they were going to apply for an 'Unless' Order.

Not sure as i have been out of the loop for so long whether there is anything to be done about the charges claim or whether they are compeltely dead.

Searched for unless orders and didnt get a hit.

Any thoughts?

Glenn

[TUTTSI]

Re: 'Unless' Orders

Hi Glenn long time no see...

I to had one of those also for the balance of my Abbey/Santander claim, I am just waiting to see what the courts do tbvh.

I still say it is unfair and unjust having paid for the cost of the court claim and the AQ and no court hearing.

HI all been a very long time since ihave been on here, hope all theold faces are well and life is going ok for them.

Thought id have a look around, i had pretty much forgotten about my final claim against Santander nee Abbey until i got a letter from them saying they were going to apply for an 'Unless' Order.

Not sure as i have been out of the loop for so long whether there is anything to be done about the charges claim or whether they are compeltely dead.

Searched for unless orders and didnt get a hit.

Any thoughts?

Glenn

[Caspar]

Re: 'Unless' Orders

by Naomi Cunningham • Michael Reed

Unless orders

One of the types of order that the tribunal can make is an ‘unless order’. This is an order in the form: “Unless you do that, this will happen”.
For example, the tribunal may order “Unless the Claimant discloses all the documents on which he intends to rely by the 1st May, his claim will be struck out”.
Unless orders are usually made when a party has failed to comply with previous orders. They are a way of the tribunal saying “This is your last chance. Sort this out, or else.”
Your aim should be not to get into a situation where the tribunal makes this type of order. But if they do, it is vital that you comply with it – to the letter and on time.
This is even more important following the case of Chukwudebelu v Chubb Security. The Court of Appeal has ruled that an unless order takes effect automatically if not complied with.
In other words, if, in the example above, the claimant fails to disclose his documents by the 1st May, his claim will be considered struck out at that point. The tribunal will not have to make a second order to do so. This means there will be no opportunity for explanation, apologies or excuses. It will have happened.
If the worse happens and it really is impossible to comply with the unless order, it is vital that you make an application to vary it before it takes effect. This should be done in sufficient time that the tribunal can make a decision to change the order before the deadline for compliance.

[Glenn UK2]

Re: 'Unless' Orders

Hi thanks for the resposnes, i have now had an order from the courts giving me 21 days to show i have a claim in law against the bank for return of the charges or the claim is thrown out, so i suppose the quesiont is what gorund do i have now that the OFT failed in its bid?

Sorry if this is a bit of a wide queisont as i said been out of the loop for along time now.

Glenn

[Amethyst]

Re: 'Unless' Orders

Hi Glenn, good to see you stranger

Ummmm fair bit of reading to do, as I'm sure you won't want to just roll over and accept the charges arguments are dead in the water. There are supposedly some new arguments under section 140a of the Consumer Credit Act and argument under section 5.1 UTCCR, but to be able to take those forwards you have to have an extreme example of how the unfair relationship has affected you and some form of consequential losses which are directly attributable to that relationship. If you look in the forum Bank Charge Claims in Courts System - next steps - Legal Beagles Consumer Forum there is a lot of information there as well as the Opinion on the chances of using 5.1 UTCCR written for us by Anthony Scrivener QC. There are also some areas of argument under misrepresentation.

Personally I wouldn't recommend continuing with the claim knowing a little of the historics of your case, but have a read.

Govan Law are continuing taking some cases into court on the CCA issues (which are being championed by MSE and their non public opinion from Raymond Cox QC) but nothing positive at all has come back from any of those arguments as yet.

So basically no I don't think you should continue, but if you still have the fight in you and the stubborn determination and desire for an impossible challenge, then you will have to put a lot of reading in before making a decision.

Sharon
xx