Chubbasdad v A&L - succesfully defended strike out application // discontinued claim

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Thanks Chubba.

Now when you got your 'statements' did you get them with everything else the bank have on you under the DPA or JUST a list of charges ?

If just a list you need to ask for everything - so need a full DPA request - for full transaction lists, screen notes,any agreements, original terms, all letters sent and received, all audio recordings, anything else you can think of

We'll need a time line of your account, when opened, closed, passed on the DCAs etc. Just briefly for now. Any specific problems you have had and any major complaints you have made.

Tools did a extreme version for Mint/MBNA Tools v MBNA ** SETTLED** - Legal Beagles which will give you a good idea.

Thats probably next step for now, while we prepare the 'let me amend my particulars' arguments. Some courts are coming back saying you have to send draft POCs in now so we need to prepare.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

all i had was the six years of statements nothing else.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Okay - have you read Suewilo's or Megansden's threads ? Sue's at same stage as you, strike out application with hearing end of Feb so is just submitting her defence to the strike app now.

It may be once this is in you will have to apply formally to amend particulars and pay the relevant fee but it should stop the case being struck out.

A&L will be different to YB as they werent involved specifically in the test case so we need to look at the T&C's etc and use a more general approach but Sues & Megansdens letters should give you a good starting point.

You also need to write up on here any specific circumstances of unfairness you think might be relevant - use your statements as a reminder to yourself have a look Sample response to Bank to keep complaint in progress.... - Legal Beagles for ideas of things which might help your case.

Then we can start putting everything together.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Cant Find Either Of Those Threads?
------------------------------- merged -------------------------------
scratch that, found megans den. sorry im a bit " not with it today!"....

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

did my letter, in response to the banks final response,qualify as a way of informing them, that i am still not satisfyed with their handling of my case and intend to carry on?

Dear sir/Madame,

I refer to your letter dated “December 2009”. your final response.

I have concerns your final response on such important and sensitive issues, failed to include actual dates, or indeed give guidance. I do not consider merely December 2009, appropriate, when important time frames are attached to your final response.

I therefore must inform you, that I am seeking further legal advice with reference to my case, which is currently stayed at my local county court. I do intend to peruse my case at the soonest opportunity. I remain dissatisfied with your handling of my complaint and your final response.

Yours sincerely

chubbas dad.

or should i now respond again using suggestions from lb letters?

[Tools]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

No need for another letter, your next step is to defend the strike out application at court.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Legal Beagles Thats for Yorkshire Bank. You will need to look up different bits about A&L. Obviously the court didnt make any declarations with regards A&L's terms being penal or not etc as they werent considered, but the judgment will read across to them easily. UTCCR applies to the set up of current accounts in general. Theres some A&L terms about somewhere I can dig up for you if it helps. But this should form the basis.

Also have a look at wubberchickens thread in this forum, he's at similar stage as you too.

Megansdens is a Lloyds claim and hardship issues involved so bear that in mind.

Will help all we can but the best thing is for you to have a draft first and ask any questions/check anything you arent sure of then we can bash things into shape together.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

ok i am proper confuzzled? (fact) i have a court date. (fact) the bank is applying for a strike out on my claim. (fact) i have to attend this hearing. (fact) i have not had any directions from the court. (fact) a & l have not contacted me about this application to strike out my claim.

i go to court on the 11 march at 2.20pm. i need to ask for an extension on my stay? because of the new arguments raised during the test case? this will then give me time to sort my pocs, which i will get to the court in 14 days from 11 march? so i must apply for an extension? and ask permission to amend my pocs?

i need not worry about my pocs yet? will i do all this verbally? or write a nice letter and hand it to judge nice bloke on the day? as i have no dates for anything to be in court before the 11 march?


uuuuuugh!!!!!

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Okay sorry I havent explained very well, my fault am pooppppeded.

You need to write and submit to the court a witness statement detailing why the claim should be allowed to continue and asking for permission to amend your particulars of claim.

This should give you a few more weeks in which to orgainise your Particulars of Claim - which need to be much more personal than the Witness statement.

Theres an example of a Witness Statement in MegansDen ( Witness statement LLOYDS Legal Beagles ) and in SueWilo's (Witness Statement Yorkshire Bank Legal Beagles ) threads.

Suewilo is also defending a strike out application from the bank and has a hearing end of Feb so have a read of her thread first.

you submit that to court, and cc it to the banks solicitors, 14 days before the hearing.

then you attend the hearing and probably the Judge will have made his mind up before you go in whether to grant your request or strike you out in agreement with the bank.

If he agrees to let your claim continue and to amend your particulars you will then have to enter a n244 application form and a £75 fee in order to actually change the particulars of claim.

Then the bank will defend / submit a part 18 request etc and you go on from there.


THIS

IT IS ORDERED THAT, the case be listed as "defendants application to strike out the claim" please see attached hearing notice.

Take notice that the hearing will take place on 11 march 2010 at 2;20pm at my local court.when you should attend. ten minutes has been allowed for the hearing.

IS the order from the court and where you get to argue against A&L's strike application. It is purely better practise to enter submissions in advance and hopefully gives you a better chance of being able to continue with the claim if you so desire.

Does that make it a bit more clear ? (if not dont be afraid to say)

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Hi Chubba, If your hearing is on 11th March you really need to be looking towards getting your witness statement in to the court.

If you need any help then please let me know asap.

Ame
xx

[scoobydoo]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Chubbas dad

please come back to your thread - people here are trying to help you

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

im sorta working on it, but am proper stumped.im not sure what i need to put in it?.....i am thinking of winging it with the judge.asking for an extension of my stay, untill i can get myself some legal advice.i think i need to drag it out a bit and see what results others are getting in the mean time.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

can i email this letter (objection to application to strike out my claim) to some one to look over and advise?

[natweststaffmember]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

if you email admin@legalbeagles.info then it will be received by site team here.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

on its way. thanks nat.