me vs monument

[killersla]

Hi everyone i have a court hearing for an removal of a stay for credit card charges against monument and this is what i am going to say to the judge.

i note that the order for the claim to be stayed pending the ultimate determination of the commercial court litigation which involves the oft and sevral banks relating to the matter of the application of the law in respect of unauthorised overdraft charges on current bank accounts

The test case quoted in your order will not raise any issues relating to credit card charges and the particulars ofd my claim

i wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. it is a claim for the return of disproportionate charges levied for defaults on a credit card.

i therefore respectufully request that the ordered stay on my claim is lifted and my case allowed to proceed witrhout delay or reference to the pending test case.

Any thoughts on that or any thing to add anyone.

The hearing is on thursday and i will let you all know the result.

[Budgie]

Re: me vs monument

That's very good and perfectly correct.

You might like to produce some written evidence that the current test case is not relevant to claims for return of default credit card charges. You will find such a written reference in the OFT's Questions and Answers for the test case on the OFT website.

I will try and pop the link up here shortly, when I can find it, the original statement on OFT website that test case does not relate to credit card claims has disaapeared in a recent update. Will try and find archove copy for you. If anyone has acopy could they please post.

Rgds Budgie

Where is your hearing Killersla ?

[Tools]

Re: me vs monument

Also, without wishing to sound picky or not constructive, you may want to run a spellchecker over your letter. The content is good, brief and to the point.

[killersla]

Re: me vs monument

lol i know my spelling is crap but the drafted copy has gone through a spell check. Also a link to this oft written evidence would be gret just to make sure of the saty to be lifted.

Hopefully i will get this before x mas
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my hearing is in southport by the way north of liverpool

[killersla]

Re: me vs monument

ok was in court this morning and the judge has decided to lift the stay :tinysmile_grin_t:.
So i have been told to expect an allocation questionaire and then a court day can be set but hopefully i will recieve an offer by monument so we will see

[Amy]

Re: me vs monument

Nice, well done you xx

[Budgie]

Re: me vs monument

Result, well done Killersla, Excellent work.

Bet you feel good eh !

[killersla]

Re: me vs monument

yeah feels good the judge did go on to say something about the possibilty of a different kind of daty beeing added to the claim i cant remember what he said

[enaid]

Re: me vs monument

Think they may take you right up until the very end with this, but you will get there and well done. Enaid x

[killersla]

Re: me vs monument

ok got allocation questionnaire today it looks preety straight foward to fill in so that wont be a problem i am not going to use the mediation service or an experts view cause that will just prolong things so its getting filled in a sent asap

Hopefully get some money before x mas:champagne:

[Paule]

Re: me vs monument

Well Good Luck and keep us informed,
and just post if you have any Questions about your AQ

PKea

[killersla]

Re: me vs monument

this is qwite ammusing, after i completed my allocasyion questionaire i decided to get intouch with the people involved with my claim in barclays which ofcourse is monument, so i managed to get through to the right person and left a meaasge.

Later that eving i recieved a phone call from a certin laday called emma thompson and she went on to explain that she has been trying to get intouch with me for a while but unable to do so because she hasnt got the correct contact details.

Anyway she went onto say because my claim has been passed on to barclays from monument all the account numbers she had didnt even correspond to my account so thereofre she couldnt even bring up any list of charges ha!

So she kindly asked me if i could send her copies of all my statments and letters so she could trace my account review it and then make a offer to me, so im thinking well this lady is getting paid alot more than me but she wants me to do her job for her but on the other hand if it speeds up my claim then sure why not, so isent all copies of letters and statments via e mail also my letter of complaint to the information commisioner because they wouldnt give me my statments in the first place so hopefully will hear from her soon with an reasonable offer and take it from there.

Lol what a farce :tinysmile_aha_t:

[WendyB]

Re: me vs monument

theFingers crossed then. Let us know what offer she makes and then you can decide r to reject it if its a pathetic offer .......I think they like to push it all the way but will settle before they reach the top step of the courthouse...

[killersla]

Re: me vs monument

just to let you all know i have now recieved the full amount of monument so it was worth waiting for so a bit of good news thanks for all the help

[scottishlass]

Re: me vs monument

Well donesmileybubble