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

kelshadit

Twinkly wrote: »

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

i cant give any info extra as it isnt my question but i thought someone would know if this has been sent to anyone else [this type of letter]
sadly i'm not telepathic sorry

kelshadit

nickmack wrote: »

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?

she has wrote on her post

1: hull court [has date also]
2:mcol used

nickmack

kelshadit wrote: »

1: hull court [has date also]
2:mcol used

Thanks, I am aware of another case with Hull CC doing this. It seems they have taken it off their own back to cite Berwick as a possible reason for striking out. If headphoneman comes back and states Hull as well, this is obviously something that needs to be addressed.

I have changed the title to reflect this discussion more accurately.

headphoneman

Hi Nickmack,
Sent you an earlier reply, but it doesn't seem to have got thru'.
Anyway, Yes it is Hull court,
Yes I did use MCOL,
And Yes defence was 6 pages of twadle!

Any advice?

many thanks

AlexisV

his 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'

What about the thousands of other cases that did succeed????????

nickmack

headphoneman/penniless96

Do you have the Terms and Conditions for your account?

headphoneman

Alliance & Leicester account closed in 2003, by them. Only Terms And Conditions I have are on the back of original statements giving overdrawn charges / Misc charges (DD's not honoured - insufficiant funds etc..)
There is a breakdown in their defence of PAID IEM FEE / FAILED TRANACTION FEE / UNAUTHORISED OVERDRAFT FEE

thanks

nickmack

headphoneman wrote: »

Alliance & Leicester account closed in 2003, by them. Only Terms And Conditions I have are on the back of original statements giving overdrawn charges / Misc charges (DD's not honoured - insufficiant funds etc..)
There is a breakdown in their defence of PAID IEM FEE / FAILED TRANACTION FEE / UNAUTHORISED OVERDRAFT FEE

OK, it's pretty important to get clauses from the T&C's that state the charges were from breaches of contract. This is because you will need to distinguish between the Berwick case and your own by showing evidence of the conditions you are deemed to have broken.

It would be an idea to use a N244 form to object to this order.

Edinburghlass_2

Can we just leave nickmack to answer the questions here rather than discuss this and cause confusion.

headphoneman

Would I get this form from the court?