![]() Under paragraph 5.4 of the practice direction relating to CPR 27 I am required to prepare a note of my reasons to be sent to each party. I enclose copies of correspondence with Lloyds TSB." I took this as a request to deal with the case under CPR 27.9, under which the court may take into account a party's statement of case and any documents filed and served provided he makes a written request for it to do so more than seven days before the hearing. He wrote a letter to the court on 21 March 2007 as follows: "please note that I will not be able to attend the court hearing on 13 April 2007 please hear the case in my absence. In answer to my question he said that he had not heard anything from the defendant, and suspected that the reason may be that they had simply lost sight of his paperwork amongst the many claims they receive. Mr Berwick attended in person and presented his case very ably. I do not of course know the reasons that have caused the defendant to reach settlement in those other cases, and the fact that it has done so does not affect in any way the merits of the cases I am now dealing with.ģ. I have not been made aware of any case in which the merits of such a claim have been ruled on by a court. That has been the pattern in previous block lists of similar cases before me and, it appears, in other courts. #Lyolds tsb bank fullThese two cases are unusual in that the defendant appears to have taken no further action since doing so in all other cases in the same list, including several involving this defendant, terms of settlement had been reached between the parties, usually involving payment in full of the amounts claimed without admission of liability. ![]() In each case, the defendant has filed a defence in a standardised form. It is a matter of public notoriety that vast numbers of such claims have been issued, prompted by a "statement of position" issued by the Office of Fair Trading entitled "Calculating fair default charges in credit card contracts", and by the publicity that has followed.Ģ. ![]() In these cases, as in all the others in that list, the claimant sought to recover from a bank or credit card company various charges which had been made to their account. These two cases were among a number listed before me for final hearing in the small claims track on 13 April 2007. ![]()
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