Johnniepk v A & L Birkenhead County Court

johnniepk · 10th August 2007, 13:55

Hi,
My case has been transfered to Birkenhead County Court on 8th October at 10:00 allocated 10 mins. Small claims track.I am advised that the claim has been listed with other similar cases at the same time.
The directions are
"Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing"
The original documents shall be brought to the hearing

Ok I got this far reading other peoples questions and now I need support!
1,Doing the court bundle seems a long winded process which I can do but it is also considerable extra expense, copies and postage etc. Can this be claimed back?
2,Anyone else down for this date at Birkenhead?
3,A&L sent a letter that implies that they will deal with my case after the OFT hearing. I will carry on to court regardless unless the court says different but do I include this letter in my bundle showing their 'attitude'?
4, do I write the case number on each and every page?
5, I sit worth waiting or shall I start the bundle now ?
Enough questions for now but plenty more spinning around!!!!????

jansus · 10th August 2007, 15:24

Hi

and welcome to A&L forum

I am going to post a few threads that might help with some of your questions.

I should think the first thing that will happen is a request for stay.
there is a letter in one of my links and a form if it comes officially from the bank.

If you get further down the line and the hearing goes ahead I would start preparing bundle about two three weeks ahead (not last minute as I am doing.)

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT

Lastly keep reading our threads here and you will see how differently each case has gone.

Jan

Case guidance notes - bringing your case to court

Wasted Costs From The Beginning!
GOT A COURT DATE? A guide to the later stages

jansus · 10th August 2007, 15:40

Also if you go to search button
advanced search
birkenhead - posts (not threads) view as posts

you will see one case was struck out in favour of claimant and also someone else has called them and they said they are processing all cases in system - so looks like you MIGHT be in luck.

Jan

johnniepk · 10th August 2007, 16:32

Thanks a lot for the welcome and the help.
Do I include everything in the correspondence part of the bundle including court letters. I only ask because I got a letter from the court saying they had agreed to pay fully the claim (£1020)but when I rang the court it was only a fraction of the claim £230 they had put in.This is another example of how they are trying to confuse customers .

jansus · 10th August 2007, 17:00

I think technically if it says "without prejudice on the letter" you are not allowed to produce it in court . However as far as keeping your correspondance together I am going to include these in the bundle - just in case they are referred to (not that A&L have ever appeared in court yet

)

jan

jansus · 10th August 2007, 17:07

full report from an entertaining afternoon at Kingston County Court **MUST READ** (

1 2 3)
rogerebaker

read post 1 if you need cheering up

post 23 refers to my previous comment

jan

bsia666 · 10th August 2007, 17:17

Welcome to the A&L forum , All the correspondence that you have goes into your court bundle so there are no missing pieces in your Index of Documents.

Jansus is correct re correspondence marked "without prejudice"

By looking at your Index of Documents you will be able follow the correspondence in order and so will the judge.

I started to plod along doing my court bundle about 6-7 weeks before I thought I may need it. If you have the time go along at a steady pace then its best to do that (less stress). You may not be able print off a link or find something, so this will give you time to fish about for it.

No new documents can be added to an appeal if you lose

so it best to put everything in that you could possibly use at the hearing in October.

I did not page my court bundle but it was set out by letter egAA BB CC DD and so on (MimiJane kindly sent me hers, which had been checked the mods) She has offered before to send to others by email, you should PM her!!! It helped me a lot.

I would think if your paged everything and had an index to the pages it would look fine.

Keep all your receipts including ink, paper and so on (remember a wasted costs order in your favour from a decent judge, could add up to a considerable sum)

I have sent you a PM. All the very best in your claim

johnniepk · 10th August 2007, 17:25

wow! I love it here..and how I have laughed at the day in Kingston.Looks like an order for printer ink is in order

bsia666 · 10th August 2007, 17:34

Forgot to say that I did 4 copies of the bundle. Court, Wragge & Co ,mine and a spare for court hearing to be handed to Judge or Wragge if either one did not it with them (for whatever reason).

William.

Bigmark · 10th August 2007, 19:08

Hi and

welcome to A&L freedom fighters the forum that ................. WINS

johnniepk · 14th August 2007, 14:17

MY CASE IS ALLOCATED TO THE SMALL CLAIMS TRACK(HEARING) tHE DIRECTIONS ARE

whoops, I have been shouting!)
Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.I am starting my bundle.
In relation to terms and conditions do I use just the page with the charges on or the 32 pages of the lot?The link to the 2005 T & Cs only gives the one page.
Do I do a statement of evidence?If I do what is one!!

johnniepk · 14th August 2007, 15:23

Oh yes , one other thing, when I do my bundle do I update the interest on the spreadsheet or does it stay at the original amount claimed?

jansus · 14th August 2007, 21:51

As far as i know it accumulates on a daily basis (if you have use spread sheet from here)

So would leave that until last

Have not got that far yet

jan

bsia666 · 14th August 2007, 22:45

Hi

Have you been asked to submit a Statement of Evidence ?? If you have a then look at this link, post 55....................... ..

New strategy for Allocation Questionnaires

For my bundle, I put in as many T&Cs as I could find that related to the 4-5 years my claim was for.

William

johnniepk · 14th August 2007, 23:50

No I have not been asked to submit one. Is this good news?

bsia666 · 15th August 2007, 03:06

Hi

It means you have less work to do for your claim so that's good

. After I had completed mine (I was asked to submit one) I was happy I completed it as I understood the arguments about claiming back charges a little bit more, so that wasn't a bad thing.

Copy and paste allows you to do things like a Statement of Evidence a lot quicker that writing it all out, that's good, but I know I need to go over the arguments/reasoning all the time as they wont stick upstairs for long

William

johnniepk · 17th September 2007, 15:05

I have my bundles almost done. Half a rainforest gone!
Wragge have written saying that although Aliar and Jester are not part of the OFT case they will be applying for a stay. Now as yet I have heard nothing from the court and the date of the case is the 8th of October. As per all the advice I shall of course have my bundles off before the 14 days before date. What I am wondering is if there is a date that will be too late for a stay? Up to what point can they ask for one?Thanks JPK

jansus · 18th September 2007, 20:20

Hi

I dont know about leaglities but recently they have appeared in court and asked for the stay at the hearing - so be prepared

The judge may just agree and not let you speak

Or you could have an appeal ready just in case.

this thread is interesting hadyanth vs Lloyds TSB **WON in COURT!**

plus see my other posts for links today
jan

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