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We are currently going through the small claims process and I have my Proof Hearing at the Sheriff Court on the 14th November but I need some help in gathering evidence to help with my claim. I have to have my evidence for the proof hearing lodged 14 days before the case is heard.
I am one of seven allowed in Scotland at the moment, to proceed with my claim even though the test case south of the border is ongoing. I rejected the sist on claim by the Abbey and the Sheriff ruled in our favour allowing the actioin to continue. I have since, lodged an incidental application for the recovery of documents specified in the specificatin of documents process.
I managed to get the Sheriff to allow 3 specifications, these were:
1. all computer records, files, documents and financial accounts relating to the contract between the parties in order that excerpts may be taken therefrom at the sight of the commissioner showing or tending to show: a) the contractual terms under which the charges in the pursuer's schedule were payable. b) showing when and on what basis the defender calculated or estimated the amount to be included in its contractual terms in respect of those charges. 2. failing, principals, drafts, copies or duplicates of the above or any of them.
As stated any help in producing evidence that will help my cause would be grately received. any T&C's, publications, ways in which to win!!! I am only due £457 but the Abbey I don't think are going to let this one go. They would have already spent £1000's in preparing their case as we have been to court three times now!!
Is this Proof in Edinburgh by any chance?
Aswell as lodging with the court 14 days before the hearing you need to send only a list of that evidence to Abbey.
Regarding the incidental application you lodged can you tell me when you done this and how long the sheriff gave abbey to provide these documents because if they fail that time scale then you could ask the commissioner to recover them on your behalf.
The sheriff clerk should inform you when these documents arrive and then you can go view them and lodge any you wish.
What evidence/paperwork if any have you prepared to date?
Hi There, this is for Edinburgh Sherif Court.
Incidental application: I went to court to have this granted at the begining of the month 02/10/07. I handed Form 15 in to the clerk to have him serve this on the Abbeys solicitors of the 14th this month.
As yet, I have no evidence as I do not know where or what to look for!!
How did you know it was Edinburgh Sheriff Court?
I have been in touch with Mike aswell and he is the one who has directed me to this stage re: incidental application ( He produced it for me). Thank you very much for helping. I will have a look in the info you have sent.
Have had a look at the court bundle, and I am a bit confused as to which one to use as I do not have a copy of the Abbeys defence. I have a letter from Grace Ballantyne, Senior Customer Resolution Manager stating: "I'm sorry that you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges would have been applied correctly, as you would have had insufficient available funds at the time. As such, I am unable to agree to refund any charges".
Just to let you know I had some cleared funds charges and overdraft charges, does it matter what type of charges you have had applied to the account?
The clear funds is the Abbey paying for something such as a direct debit or a card transaction without any money being in the account, which in turn put me into overdraft!!
I am sorting the bundle at the moment and have had to delete a few things fromthe witness statement such as CPR!? whatever that is and also the is a section which mentions The cost to Abbey Plc of a default event: "I am aware of in excess of 200 claims similar or identical in nature to the present case which have been brought against the Defendant bank in the last 18 months. In a significant number of these cases disclosure orders have been made obliging the defendant to substantiate its contention from paragraph * of its template defence that"
I do not know of any template defences!
Ok the SAR is what you send to get your statements.
Template defence, all claimants get standard template, some times it changes slightly but they are templates.
Charges tariff for 2003/4/5............on your statements, do you have terms & conditions?
Plenty time to get ready for appearance so dont worry about it.
Just to let you know, I was going to have my proof hearing on the 14th nov. Abbey have decided to settle out of court after a bit of arm twisting. They obviously did not want to produce the documents I asked for under the Specification for the Recovery of Documents. I am going to press them for expenses and keep the case open until the cheque is received!!!
It is satisfying to know that for a total of £450, it has cost them thousands to mount their defence. As soon as the OFT case is finished I will have to go to town on them with the other 2 accounts I had with them.
Thanks again,
Paul
Paul Vs Abbey **SETTLED**
and the Sheriff ruled in our favour allowing the actioin to continue. I have since, lodged an incidental application for the recovery of documents specified in the specificatin of documents process.
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