Letter from the court today, any ideas?

ltd7474

Hi all,

My claim was due to be heard the day after the test case was announced back in 2007.
Today I have received a letter from the court asking what I want to do in light of the test case result, ie send them the ground for the case to be heard and why I am continuing the claim in the court, or acknowledge the test case result.
I have seen this site will have an answer by mid Feb, but have only got 7 days to respond to the court.
Not sure what to do now.
Is accepting the ruling from the test case and reapply to Barclays an option? But is it likely to only acknowledge the claims dating back from today and not 2007????
I do not qualify for a hardship case,(not in arrears anywhere do have a large overdraft and some credit cards)

Any help is hugely appreciated.

Total claiming from Barclays - £4000.

Thanks all.

natweststaffmember

Was the letter definitely from the court or from Barclays bank?

What did the letter say(can you quote without your personal details on the post)?

ltd7474

Hi,
Will lay out the letter below. It was from the court themselves and not Barclays.

General Form Of Judgement or Order

It is ordered that:-

1. Any application by a party to lift the stay imposed in these proceedings shall be made by 31st March 2010
2. In the event of the claimant making such an application the Claimant shall set out the grounds of the application and in particular why the case should not be disposed of in accordance with hte rulings given in the Office of Fair Trading test case namely:
(1) In the commercial Court on 24th April 2008 and 8th October 2008 that none of the banks' terms and conditions relating to unauthorised overdraft charges were capable of being penalties and
(2) In the Supreme Court on 25th November 2009 that the banks' terms and conditions relating to unauthorised overdraft charges could not be assessed for fairness under regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999.
3. If no apllication is made to lift the stay by 31st March 2010 the claim shall stand struck out.
4. Rule 3.3(5) applies:
This order as been made by te Court on its own initiative pursuant to Civil Procedure Rules 3. Any party affected by it maay apply within 7 days of receipt of this order to have it set aside, varied or stayed.


This was sent from local County Court of Hereford.
Thanks

natweststaffmember

What was your Particulars of claim(please omit personal details)?

ltd7474

It was for all bank charges over a perod of the previous 6 years, 2001-2007. All charges were recorded, (overlimit on an overdraft, cheque charges).

Am trying to get an idea on what to do next. So frustrating as I first wrote them at the same time as my brother and he got the full amount back, but they have pushed me all the way to the Court, and low and behold the day prior to the case going through they announce the test case!!!

Any help or advice is welcome.

Thanks

Premier_2

Why have you only got 7 days to respond? The letter appears to give you until the end of March.

Hopefully Martin will publish his guide regarding court claims in the next 7 days or so.

Edit: the 7 days relates only to challenging the directions of the court letter itself.
My advice (note: I am not a lawyer!) is not to attempt to, but await for the guide from Martin on how you may progress the claim if you so wish to.

ltd7474

Many thanks for your reply.

That explains the clash of dates on the letter, I'll wait for the advice and go from there. Will let you know the outcome in due course.

Thanks all.
ltd7474