Hull County Court considers striking out the claim in light of Berwick-v- Lloyds

penniless96

Hi i am new to the forum but have been reading it for months now. I am in the proces of taking TSB to court for 2947 pounds. I sent the original two letters in Feb and then the final, i then went through MCOL and it was served on the 27th April. I then got a letter 3 weeks ago saying my claim had been transferred from Northampton, to my local court in hull.

I havent heard anything since so i rang the court this morning to see what was happening. they said that it had gone on the computer today that i have a hearing with the district judge on the 4th July to see whether my case was worthy of a hearing. Is this normal practice. I havent had a AQA or anything therough and i havent been told to get a court bundle or anything. They said they would post a letter out with this date on. What happens next, im getting really scared now that all of this work has been for nothing.

PLEASE HELP!!!!

penniless96

I posted a mesage a couple of minutes ago aking for help and then the potman came with this letter and i have no idea what to do now. the letter says:

Upon the courts own motion, The court has made this order of its own initiative without a hearing. If you object to the order, you mut make an application to have it set aside, varied or stayed within 7 days of recieving it.

IT IS ORDERED THAT

Thi matter be listed on 4th July 2007 at 3.00pm to conider striking out the claim as disclosing no reasonable prospect of success in the light of the recent deciion on Berwick v Lloyds TSB 15th May 2007

Dated 30th May

What doe this mean, whats happening, up to now i have followed everything from this site and i filled in the MCOL form uing statements from thi sie. Help i am so worried now that its jut going to be thrown out and im back to square one. Have i done something wrong? I am taking Lyods TSB for 2947 pound.

PLEASE HELP

kelshadit

that dont sound right?
who is the letter from the court or the bank?
i didnt think [if it is the court] that a precedent had been set by that case so how can it be thrown out in light of having no chance [which is basically what it sounds like to me from what you have wrote]
very confusing

kelshadit

just to add as i have been saying it seem's to be luck of the draw as to weather you get a pay out or not

nickmack

penniless96 wrote: »

Thi matter be listed on 4th July 2007 at 3.00pm to conider striking out the claim as disclosing no reasonable prospect of success in the light of the recent deciion on Berwick v Lloyds TSB 15th May 2007

OK, a few questions:

- Which court is this?
- What Particulars of Claim did you use?
- Did you use MCOL or file in person?
- What did the banks defence say?

Twinkly

Well well well. Its been reported that the banks have been using the Berwick case in letters to scare people off;
http://money.guardian.co.uk/saving/banks/story/0,,2088209,00.html

but this is the first case of it being used to try and imply a legal precedent has been set. It hasnt.

headphoneman

I have been through all the stages of reclaiming my bank charges & I am now a little unsure on my next move. I am at the stage of being passed to my local court for Judgement, & today recieved the 'General Form Of Judgement or Order' letter, which states ;-
"Upon the Courts own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it."

.................What does this mean?

also the oder states;-

'IT IS ORDERED THAT
This matter be listed on 4th July 2007 at 2.00pm to consider striking out the claim as disclosing no reasonable prospect of success in the light of the recent decision of Berwick-v- Lloyds TSB 15 May 2007'

Does this mean I have no chance of winning, or a I reading it wrong?

Has anyone been through this & if so can you help?

many thanks,
Headphoneman

sarahmoon_2

I'm not much up on law but my reading of it gets that they are basically throwing out your case based on the other guy who lost against TSB, the first bit means you have 7 days to lodge an objection. You need someone a bit more experienced to help here.

nickmack

headphoneman wrote: »

This matter be listed on 4th July 2007 at 2.00pm to consider striking out the claim as disclosing no reasonable prospect of success in the light of the recent decision of Berwick-v- Lloyds TSB 15 May 2007'

Same questions as I posted above:

- Which court is this?
- What Particulars of Claim did you use?
- Did you use MCOL or file in person?
- What did the banks defence say?

kelshadit

can any mods please advise on this as this will be a huge impact on everyone trying to claim if this is allowed to happen

Twinkly

kelshadit wrote: »

can any mods please advise on this as this will be a huge impact on everyone trying to claim if this is allowed to happen

If you do not answer Nickmacks request for further information then a mod ( or indeed anyone else) cannot help.