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First of all I would like to declare my intention to appeal the decision.
I made a claim against Natwest
for breach of contract on their Advantage Gold Account. I made a payment for a deposit on a course in 2007. There was a dispute between myself and the company and I asked for the deposit to be returned. It wasn't. I asked Natwest to refund the £200. They said no, stating the purchase needed to be made on a credit card.
There is no evidence for this as the claim's department is only contactable by phone.
I write to the fos and complain. They eventually write back and say Natwest don't owe me the money.
Fast forward to today, I had an allocation hearing. The solicitor acting for the bank file a strike out application after the hearing date has been allocated. They request the notice to strike out be heard at the same time as the allocation hearing.
The Judge hears the notice to strike out before allocating the case. Because the case wasn't allocated she awards costs.
The Judge found that the contract for insurance was with Royal Sun Alliance and therefore the claim should be made against them. The claim couldn't be made for the full amount as "I still enjoyed the benefit of the contract" (can you believe that!). In the Judge's considered opinion the contract was for items (which she deemed to mean tangible objects) that didn't cover the deposit I had lost.
The Judge didn't give leave to appeal.
The points I will raise in an appeal.
1. The contract Natwest provided was a photocopy without my signature. It was also dated 2005. The contract I had with Natwest started in 2000. Can't be legally binding can it?
2. An item doesn't have to be tangible (i.e. physical) for it to be classed as an item. (Just looked it up in the dictionary and it gave an example of gossip being an item).
3. I won a court case in 2008 for the return of the deposit from the course suppler. This underpins the basis of my claim.
4. The insurance isn't separate from the Advantage Gold fee. I derived no benefit from the contract in all the time I had been paying the fee.
From my recent experience county courts are terrible when seeking justice. Is there any chance I can lodge an appeal with the high court? The amount I was claiming was under £5k. Another reason why cost shouldn't have been awarded.
Has anyone had a similar dodgy experience in the courts?
I made a claim against Natwest
for breach of contract on their Advantage Gold Account. I made a payment for a deposit on a course in 2007. There was a dispute between myself and the company and I asked for the deposit to be returned. It wasn't. I asked Natwest to refund the £200. They said no, stating the purchase needed to be made on a credit card.There is no evidence for this as the claim's department is only contactable by phone.
I write to the fos
and complain. They eventually write back and say Natwest don't owe me the money.Fast forward to today, I had an allocation hearing. The solicitor acting for the bank file a strike out application after the hearing date has been allocated. They request the notice to strike out be heard at the same time as the allocation hearing.
The Judge hears the notice to strike out before allocating the case. Because the case wasn't allocated she awards costs.
The Judge found that the contract for insurance was with Royal Sun Alliance and therefore the claim should be made against them. The claim couldn't be made for the full amount as "I still enjoyed the benefit of the contract" (can you believe that!). In the Judge's considered opinion the contract was for items (which she deemed to mean tangible objects) that didn't cover the deposit I had lost.
The Judge didn't give leave to appeal.
The points I will raise in an appeal.
1. The contract Natwest provided was a photocopy without my signature
. It was also dated 2005. The contract I had with Natwest started in 2000. Can't be legally binding can it?2. An item doesn't have to be tangible (i.e. physical) for it to be classed as an item. (Just looked it up in the dictionary and it gave an example of gossip being an item).
3. I won a court case in 2008 for the return of the deposit from the course suppler. This underpins the basis of my claim.
4. The insurance isn't separate from the Advantage Gold fee. I derived no benefit from the contract in all the time I had been paying the fee.
From my recent experience county courts are terrible when seeking justice. Is there any chance I can lodge an appeal with the high court? The amount I was claiming was under £5k. Another reason why cost shouldn't have been awarded.
Has anyone had a similar dodgy experience in the courts?
