Documents in Court - Civil Evidence Act 1995

[Docman]

In the XXXXXX County Court
Claim number XXXXXX

Between

XXXXXXXX - Claimant


and



XXXXX - Defendant

Draft Order for Directions

For straightforward bank charges claims where you are the claimant:

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made
b) Copies of any statement or other document relied upon as showing that each and every charge has been made
c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair
d) Copies of decided cases and other legal materials to be relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.


2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

For a counterclaim (eg when you are being taken to court for a debt but are claiming charges as part of your ‘defence’) omit part 1 above and change the heading of this part to:

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

If the bank has failed to supply a list of charges or statements, insert

a) A list of all charges applied to the Claimant’s account with dates, type and amount of each charge

and renumber the remainder accordingly. Otherwise:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

for credit cards insert b) whether such charge is accepted to be a penalty, and if not why not;

b) Whether such charge is accepted to be unfair, and if not why not
c) If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable
d) Any witness statements
e) Copies of decided cases and other legal materials to be relied upon

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

For a loan or hire purchase agreement

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--
(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);
(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

For a credit card

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--
(i) the state of the account,
(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and
(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

General

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(i) a copy of the procedure(s) used for copying, storing and retrieving documents
(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

Alanalana

This is a very useful piece of info. I had a look at S 8(1) of the Act and noted that the phrase "authenticated in such manner as the court may approve" is at the end of the paragraph.

What is to stop an old duffer of a DJ accepting any statement from a solicitor representing a creditor as 'authenticating in such manner ...' the document? Did the wording in your post above come from some regulations or case that you can quote?

[alanalana]

Docman,

Alanalana

This is a very useful piece of info. I had a look at S 8(1) of the Act and noted that the phrase "authenticated in such manner as the court may approve" is at the end of the paragraph.

What is to stop an old duffer of a DJ accepting any statement from a solicitor representing a creditor as 'authenticating in such manner ...' the document? Did the wording in your post above come from some regulations or case that you can quote?

I have no regulations or case that I can quote.
I started searching when I saw the problems people were having with Copies of CCAs that were obviously not the original but cobbled together to try and satisfy requests being made under the CCA 1974 sections 77/78.
I did a google on legal admissibility of documents in Court and found the Beautiful Civil Evidence Act 1975 which will mean Documents produced in Court that are not orignals but copies must be backed up with a full accredited audit trail showing how the copies were copied, by whom, when and records will be required as they are being presented as adduced hearsay and the Court must be notified of this fact.

aa

[angel_1]

oh alanalana

you have just allowed me to not get so fearful no longer of any court action

im so grateful there are people like you who so passionate in helping others like so many others that have helped me so far

i have previously subbed so i can learn even more as time passes by

have a fun day many thanks again Ciao maz