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

http://www.supremecourt.gov.uk/decid...essSummary.pdf

[chubbas dad]

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

proper excited about tomorrow.doing lots of reading, and speaking to myself in the mirror.trying to memorise some of the arguments.i will have my defece in front of me so will be able to stay calm.i am going to take notes as best i can.just need some dutch courage tonight and a big chunk of luck....thanks in advance everyone here.i will post up as soon as i am home tomorrow.

[Amethyst]

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

Will be thinking of you xxx Go get 'em x

[Amethyst]

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

Good luck today xxxx

[enaid]

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



All the very best to you today and whatever happens your experience will help others no end.
Enaid x

[TUTTSI]

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

Wishing you all the best for to day.







Tuttsi x

[chubbas dad]

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

thanks for all your support.........nerves are getting to me now.going to have a hot shower and a smoke or ten before i go to court.should be fun.what if the bank dont attend?..is it a default?.....

[Amethyst]

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

No it wont be a defauly but you'll probably get to amend your POC. They WILL attend tho.

Try and make a note of who the barrister/solicitor is that acts for A&L.

The bank will just come in with the supreme court judgment so your arguments basically is that that was a very narrow issue and the SC mentioned 5(1) as a way forward - and the OFT only dropped out because the arguments under 5(1) and under the consumer credit act are not meant for a collective challenge but should be allowed to go forwards individually. You are in hardship and the banks refusing to recognise that and you have been through the banks complaints process to no avail and you feel the relationship is very unfair on issues OTHER than price.

[chubbas dad]

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

thats basically what i am saying.i want to continue because i feel the bank have not treated me fairly.i have an example letter of 3 charges applied to my account and a note saying if this takes me over the limit i will be liable for more charges and interest.just in case i need it.would you like a quick look at it?

[chubbas dad]

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

ok im home . here it is. a & l were represented by a young lady from ashurst llp.she approached me before the hearing and made comments about the case and the cost implications.i smiled politely.

the judge has adjourned the strike out application.
i have been granted 28 days from today to : file and list ?
i can ammend my POCs.i must do this by 4pm 09 april 2010.
the judge directed me to use and research the ministry of justice web site and the OPSI site? i need to check out the civil procedure rule 17. (ammendments to state of case ) i need to make a formal application on notice. i also need to look at the practise directive 17.the judge was very good and made it an easy atmosphere to work in.

i asked the nice judge wright (a lady) what the cost implications would be,and she asked the llp lady.she said she couldnt divulge that today.the judge then said to me that it would probably run into the hundreds of pounds and looked at llp.she just smiled.

after the hearing llp approached me again and said that the costs were near 3 thousand pounds. i just said nicely that my costs were in the same region and when i win, i will claim them also.she wasnt very impressed lmao.she thinks i will loose on the original POCs and i agreed. "thank god i can ammened".......didnt go down to well and she pulled a silly face.

all in all,a good day..........llp and a & l have something else to ponder now.

chubbys on a roll......

almost forgot.if i dont file and serve by 09 april, the strike out case will happen on the 23rd april 2010.

[davidl]

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

Well done chubbas dad some good news there so what happens now?
?do you submitt your amended poc and then get another date in court to fight your corner?

well done again:whoo:

P.s if i havent put in a claim before with my bank does anyone know where there is a good place to start, As i did originally put a template letter in in 07 but never heard anything since (probably put to one side and forgotton!)

[chubbas dad]

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

yeah once i have everything together (before the 9 april) i will get a new court date and llp lady asked for an hour.as today was supposed to be only 10 mins and i managed to go at it for over 20 lol.

[enaid]

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

Well done to you, looks like you held your own.
You know you will get the help you need on here with step 2, once again well done.
Enaid x

[EXC]

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

Well done. Sounds like you approached it with the right attitude.

Ashursts acted for Abbey National during the test case. What's the name of the lady representing them?

[chubbas dad]

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

i didnt get her name sorry.but the court manager gave me the llp ref no for my case and said i could phone llp and ask for her name if needed.