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
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have a major problem, I am tying to reclaim money back from the bank, Lloyds and HSBC - Region of £7000. I requested directions, and have just read that they issued them, without realising this, I have missed the deadline. What can I do now...
When you say you "requested directions", what do you mean? (e.g., draft order for directions?) Can you explain what stage your claim is at, what "directions" you requested and what deadline you've missed. You should receive the correct advice if you can post up the full details.
Can't find what you're looking for? Please have a look at Michael Browne'sA-Z Guide
1) each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.
2) the copies shall be delivered by 4pm on the xxx july 6th
3) The original documents shall be brought to the hearing
4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence
5) the court must be informed immediately if the case is settled by agreement before the hearing date
These look like the court's directions for the final hearing of your claim - so you should have (by July 6th) submitted to the courts and the other sides legal representatives your full court bundle (including T&C's, statement of evidence, etc).
Did you submit your documents on time as directed?
It's doubtful whether the 'other side' submitted their documents to the court either - none of them have done so to date. However, your immediate problem is that you didn't comply with the court's directions.
Before I advise any further, can I just ask you when the actual 'hearing' date is for your claim?
I'm assuming that the directions you've received for the September hearing date are the ones you haven't complied with? If this is the case, I would suggest that you phone the court first thing tomorrow as a matter of urgency to explain the situation and to respectfully ask if you can submit your documents within the next couple of days.
With regards to the second hearing date - have you received any directions from the court in relation to this claim yet?
Also, which hearing date is for Lloyds and which one is for HSBC?
The directions are exactly the same and I have missed both of them. The first is for HSBC and the deadline was 6th July, the Lloyds was for the 16th July.
I hope I haven't just messed up £7000 of reclaiming bank charges.
Try not to worry too much tonight - there's not a lot you can do about it until you speak to the court tomorrow. Phone them first thing in the morning and explain the situation and ask if you can submit your documents for both claims within the next couple of days.
If they agree to this, you'll need to have everything ready to submit to the court and to the legal representatives for both Lloyds and HSBC. I'd therefore suggest that you have a good read through the basic court bundle Basic Court Bundletonight. This thread is also really useful when you're preparing for your court date GOT A COURT DATE? A guide to the later stagesAt least you'll be ready to get started if you get a positive response from the court in the morning.
If you do get a positive response from the court, I'd suggest starting new threads in the relevant bank forums first thing in the morning - one in Lloyds hereand one in HSBC here. You'll find plenty of other claimants who are at exactly the same stage as you are - and you'll receive some invaluable advice and support to help you put your court bundle(s) together and to prepare for the court hearings.
Best of luck with your phone call tomorrow - I hope you get a good response from the court. Please post back on here and let us know how you get on
Can't find what you're looking for? Please have a look at Michael Browne'sA-Z Guide
Finally if I get a poor response from the court - is there anything I can do?
If you get a poor response from the court - don't worry. Post back on here and hopefully we can advise further on what you could do to rectify any problems.
Very close however, I oversaw that the court accepted my directions in which I had to send in the info to the court and the bank stage, so I am now at a critical stage, having missed the deadlines by about a month???
No need to feel unintelligent at all - it's difficult to understand when you first read it. At the end of the day, we're none of us Barristers or Judges - we're ordinary people trying to reclaim money that's rightfully ours!
To start with, for each claim you have, your court bundle should contain:
- correspondence relating to your claim (e.g., copies of all communication between you and the bank relating to the claim)
- your schedule of charges
- copies of all bank statements that have charges on them
- other information included in the court bundle (click on the appropriate links to download information where suggested)
- terms and conditions (preferably from the year you opened your account - latest ones if you don't have these)
- statement of evidence (plus any cases that this refers to)
Try not to worry too much about this - once you've contacted the court tomorrow and started threads in the HSBC and Lloyds forums you'll get all the support necessary to put your bundle(s) together.
Can't find what you're looking for? Please have a look at Michael Browne'sA-Z Guide
OK I now need some urgent help with this court bundle, although I am submitting late the court helper said do is as soon as possible, then I will have to explain to the judge.
My hearing is very very soon. How do I put this court bundle together, do I just copy or do I need to add or take out anything.
Please help anyone out there if you know and can spoon feed me to completion
Problem - Major Please Help
and HSBC
Reply With Quote
Originally Posted by jg69
Court Bundle
