Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Hi and good luck to everyone on this great website.So far I won against Abbey National the full amount of 979.92 after going to Money claim website.
Even they have put the defence, after a few days I have received cheque for a full amount as a good will gesture! So that was easy!
But now I am going after Barclaycard for amount £928.23(claiming with interest). They have opened an account for me, where they put £230!! I have received this same offer 3x now with the same old story that that is the difference what they charged me above £12. So now I am at this stage.
On 22.06.2007 I have received Notice of Allocation to the Small Claims Track (Hearing) which will take place on 8th August in Milton Keynes.Allocation questionnaire was dispensed and I didn't have to pay any fee!
This order says-
On 15th June 2007 Deputy District Judge Lynch sitting at Milton Keynes county court considered the papers in the case and ORDERED that:
1) This case is allocated to the small claims track and listed for trial with a time estimate of 30 minutes on a date to be notified to you.
2) The filing of Allocation Questionnaires is dispensed with.
3) This case may be one of a number listed on the same date. Both parties must be ready for trial on that date. Depending on the number of cases proceedings on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.
4) Any party may rely as evidence on a statement of case(if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth.
5) Any witness evidence or documents to be relied on by the claimant must be sent to the court and copies sent to the defendant no later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be sent to the court and copies sent to the claimant no later than seven days before the hearing.
6) It will not be necessary for any party to file or exhibit a copy of the office o fair trading report (OFT) " calculating fair default charges in credit card contracts" though it may be referred to in any written evidence.
7) Each party must provide its documents and written evidence ( including a copy of any statement of case relied on) in a single bound and paginated bundle clearly marked on the front and spine with the case number and the names of the parties.
8) No cross-examination of witnesses will be permitted, except with the permission of the court.
9) No expert evidence is permitted. This does not prevent a suitable witness on behalf of a bank or credit card provider giving evidence of fact as to the manner in which charges are determined by it.
10) The claimant must include in his bundle of documents a full list of the charges disputed, specifying the date and amount of each and the reason given for it.
11) If any party relies on written submissions or a skeleton argument, it must be sent to the court and a copy sent to the other party at least three clear days before the hearing.
12) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court(together with any appropriate fee) to arrive within seven days of service of this Order.
So now I am starting to worry! I have spend all last night looking up the basic court bundle from bookworm and the court bundle for dummies from lateralus. I am still not sure if I need 60 papers copying 3x or 200 papers copying 3x.?????? I have still about 2 weeks to go before the deadline. So what exactly do I do first? Sending a nudge letter to the solicitors? or what about draft order for Directions?? Am I sending all court bundle to the solicitors now or just the list of the charges? I am really lost here. Please can anybody help please???? I am a bit worse than a dummy sorry!!!!
mr Clark v Barclaycard Help!
National the full amount of 979.92 after going to Money claim website.
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