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Help Please: Received Order from Court
stevenhodson
Posts: 1 Newbie
Hi All,
I have today received an order from the Preston County Court and would like assistance/advice on how to proceed. It states:
Before District Judge Knifton sitting at Preston County Court, ... on Tuesday, 09 February 2010.
UPON READING the court file
AND UPON THE COURT RECORDING that:
a. On 24 April 2008 it was held by Mr Justice Andrew Smith in Office of Fair Trading v Abbey National plc and others [2008] EWHC 875 (Comm) that the charges made by the Defendant were not capable of amounting to penalties;
b. On 25 November 2009 the Supreme Court held on appeal in the same case ([2009] UKSC 6) that the charges made by the Defendant for unauthorised overdrafts were not open to challenge under the Unfair Terms in Consumer Contracts Regulations 1999
IT IS ORDERED that:
1) The claim is struck out under Civil Procedure Rule 3.4(2) as the Particulars of Claim disclose no reasonable grounds for bringing the claim.
2) No order for costs.
3) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within fourteen days of service of this Order.
I have today received an order from the Preston County Court and would like assistance/advice on how to proceed. It states:
Before District Judge Knifton sitting at Preston County Court, ... on Tuesday, 09 February 2010.
UPON READING the court file
AND UPON THE COURT RECORDING that:
a. On 24 April 2008 it was held by Mr Justice Andrew Smith in Office of Fair Trading v Abbey National plc and others [2008] EWHC 875 (Comm) that the charges made by the Defendant were not capable of amounting to penalties;
b. On 25 November 2009 the Supreme Court held on appeal in the same case ([2009] UKSC 6) that the charges made by the Defendant for unauthorised overdrafts were not open to challenge under the Unfair Terms in Consumer Contracts Regulations 1999
IT IS ORDERED that:
1) The claim is struck out under Civil Procedure Rule 3.4(2) as the Particulars of Claim disclose no reasonable grounds for bringing the claim.
2) No order for costs.
3) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within fourteen days of service of this Order.
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Comments
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Looks to me that you have had claim against a bank for unfair charges and the bank has had your claim struck out i.e. your claim has failed as a result of the OFT losing the recent Supreme Court case.
I would read this page before doing anything else.
.
Warning: In the kingdom of the blind, the one-eyed man is king.
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