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The Disctric Judge in my case has ordered that I have to do the following:
It is ordered that:
This claim is allocated to the Small Claims Track
The Claimant shall by 17-Aug-07 file and serve
(a)A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;
(b)Copies of any statement or other document relied upon as showing that each and every such charge has been made;
(c)A statement of the Claimant’s own evidence, if such is ti be relied upon as tending to show that the alleged charges have been made, or that they are recoverable as penalties.
I am about to send my court bundle in response, but before I do am I right in thinking -
2a - This is my charge spreadsheet.
2b - This is copies of statements.
2c - I am assuming this is some sort of witness statement. This is the bit i'm concerned about. I have so far written the below. Is this sufficient? All answers greatly appreciated.
1.I am the CLAIMANT is this case.
2. I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges
3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.
4. 01 March 2007 I wrote to the Defendant requesting a refund of charges.
5. On 11 March 2007 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.
6. On 17 April 2007 I filed with Northampton County Court, via HMCS Money Claim Online service, a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.
7. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.
8. The Claimant contends that:-
a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.
9. Accordingly the Claimant claims:
i. The return of the amounts debited in respect of charges in the sum of £1,343.00
ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).
iii. Interest of £253.48 (as at 11.03.07) under Section 69 of the County Courts Act as set out on the attached list of charges.
Statement of Truth
I believe the facts stated within this Witness Statement to be true.
2a - This is my charge spreadsheet. Yes
2b - This is copies of statements. Yes 2c - I am assuming this is some sort of witness statement. This is the bit i'm concerned about. I have so far written the below. Is this sufficient?
Statement of Evidence would be better, it's really just a fuller Witness Statement . See here:
Would the witness statement do,or should I really consider using a statement of evidence?
Also considering the a, b and c of the Judge's directions are approximately two thirds of my 205 page bundle, can I not just send the whole bundle with a letter attached explaining which parts apply to the directions?
It does say "evidence" in your Directions, so I really think you should produce a Statement of Evidence.
As regards producing a "whole bundle", at the bottom of the Statement of Evidence template, a number of enclosures are listed, which do form the majority of the bundle anyway and you can always add to the list if you've prepared the whole lot.
As above, PM me with your email address and I'll send you a template version of my SofE ... I've made it very easy to follow and it shouldn't take you long
Directions from Judge
claim No: *****
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