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

penniless96

My claim is with TSB, account opened in 1995 same problem tho, my charges go back to dec 2001

Edinburghlass_2

Have a quick look through this thread and see if any suitable T&Cs are posted here...

http://forums.moneysavingexpert.com/showthread.html?t=455383

daveglove

My charges were incurred from march 2002 until march 2007 a total of £994.63

Edinburghlass_2

Hi Dave, Nick is on his way home at the moment and will post back later. As the site will be closing at 9.00 tonight I think Nick is going to do some research for T&Cs and will post them in the morning.

MSE_Martin

Specific answer to the penniless case.

This is quite a significant letter - I could churlishly suggest that the judge has seen Berwick but not actually read the judgement carefully. Unfortunately I think you may be one of those people at a significant junction in the whole thing.

There are a few things we could do with knowing.

1. Is this at the judges own discretion or is it at the behest of the bank's solicitors.

The main way to do that is to call the clerk of the court and ask. This really needs to be you or your legal representative. If you could call up and politely ask the clerk " Did the bank's solicitors ask for the judgement to be made or is it purely the judges decision - has there been any correspondence to the solicitors of the bank or would you send any copy to me."

It's also worth finding out if this happened to you or other cases are listed in a similar way on Tuesday. You could ask the clerk that.

2. What you need to do.

There are two options

a You need to appear in court on Tuesday properly prepared to argue the legality of this with the terms and conditions (the Consumeractiongroup.co.uk are putting together a pack on this).
b. You need to ask for more time to prepare as this is a substantial point of law. I am going to ask a solicitor friend to draft a wee 'more time to prepare note for you' in case you decide that option - which you can then send to the court - though as always there is no guarantee it will work (and no legal responsbility taken from it, it's just a suggested form of words).

In terms of a defence I am writing to other people involved in the fighting fund to see what the view is on whether this is something we can help provide a solicitor for and whether it is a good juncture to do that to stem the flow.

I am sorry I can't give you anything more concrete - and I can't make any promises whatsoever (alays plan for the worst and hope for the best), but your case seems to have gone to the Court at an 'interesting' time.

Martin

daveglove

Thanks Martin for the info I will take on board what you have said and let you know what happens .

MSE_Martin

OK Dave and Penniless

I've been doing some more on this (would have to come at the same night as the site being made over! ).

Anyway. This looks like a potential watershed moment.

Would you both please PM me your phone numbers and email addresses - we are trying to get a QC to take a look (again no promises I can't guarantee how quickly I can move on it - but will do our best).

Martin

Edinburghlass_2

While the site is down tonight, you can still check out CAG, I don't if this person here is one of you but keep an eye on the thread below...

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/94401-berwick-lloyds-15-may.html

You need to sign up to be able to read it but its free to sign, just like here.

nickmack

I meant to post last night but unfortunately I had the journey from hell and the forum was down by the time I got back!

Looks like Martin has got his best people on the job and as he says, it could be a significant situation.

Armed with your Terms and Conditions and the Berwick case report, I believe you can fight this. I think the T&C's are going to be key now. If you don't have a copy of yours, try the web archive for your bank:

http://www.archive.org/web/web.php

It also appears Kingston Court has issued the same order to at least one claimant so if this is your local court, keep a close eye on this situation.

headphoneman

Hi Martin,
I'm in the same situation as Dave & Penniless. I have the suggested N244 Form but don't understand all of the questions, can you help please?

thanks
Headphoneman