Standard procedure letter and info

Thank you GM much appreciated

Good morning everyone.

My friend has received Allocation details, case management instructions etc from the court. The form is headed with `Notice of allocation to the small claims track (hearing ).

It says Deputy District Judge (?) has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.

( does that mean the judge has read our defence which states that lowells have failed to respond to cca and cpr31.14 request and other details contained in the defence as supplied by andy orch?)

It also says that; By 20 October 2014 the parties must send to the court and send each other copies of all documents upon which they rely and copies of the written statements of themselves and their witnesses ( if any ).

It states;

The documents and statements must include full details of:

1. The alleged agreement, including copies of any relevant documents.

2.The alleged arrangement of the right to action and notice given.

3. Monies advanced and repayments.

Also;

The following directions MUST also be complied with in any event whether specifically stated in the above directions or not.

1. At least 14 days before the final hearing, each party MUST file at the court office and serve on each other copies of ALL relevant documents.

2. At least 14 days before the final hearing, each party MUST also file at the court office and serve on each other copies of the statements of the evidence they intend to give and also the statements of any witnesses whose evidence they intend to rely on. This requirement includes the statements of the parties themselves.

NOTE

The parties MUST understand that if they fail to comply with these requirements for any reason, at the final hearing the Trial Judge may well refuse to consider and take into account the omitted evidence of a party or other witness (ie that which could or should have been contained in the statement of a party or witness) or any omitted document (ie that which could or should have been disclosed in accordance with these directions) and this could result in the claim or defence being struck out as the court will not as a general rule be willing to adjourn the final hearing because of such failure.

That's about it. Do I wait to see what documents Lowells send my friend before submitting her defence to the court and lowells? Will the original defence as per andy orch be sufficient or does it need adjusting? And what are `written statements of themselves`?

Slightly confused with all the court jargon, can anyone put this in layman terms for me and offer any help / advice?

Thanks

Standard SCT allocation directions Clynite ...your first date being 20th Oct standard disclosure and Witness Statements.

Andy

I`ve been informed that the Final hearing date is 1 December 2014.

Not heard anything from Carter/Lowells. I have to prepare the standard disclosure and witness statement before 20 Oct.

The standard disclosure is an itemised document list if im correct. My friend doesn't have any docs relating to catalogue etc. We only have Carter / Lowells demands for money and our subsequent cca / cpr requests and their replies to those requests. Is this sufficient?

As for the witness statement, I relate to my understanding of events to date if im correct.

Is it okay to say account started oct 1993 and when dispute arose. Then explain contact fron Carter/Lowells and our cca/cpr requests etc. Should I mention that there has been no default notice, assignment notification, account and payment details etc also that they cashed the 1£ cheque for cca request but didn't provide any info. My friend assures me that no cca was issued back in 1993. So she never had one.

Any help or advice on what must be included in the witness statement, things that I need to say or include .

Andys original defence made certain legal statements about their right to make this claim; am I to include any of that?

Any pointers please?

Standard disclosure form the defendants stance would be such documents as CCA and CPR requests and responses and anything else used/referred to with in the defence which is relied upon...very little else to disclose.

Witness Statement should be a an account of the events that lead to the dispute and an expansion of your initial defence...but in your own words and if you wish to rely or refer to any case law should be attached as an exhibit.

Regards

Andy

Thanks Andy, is there a witness statement format / template on the forum anywhere? thanks

WS,s are all unique to the individual case Clynite ..impossible to template...however I can direct you to one of my last ones which will give you an idea of form and layout and requirements......Please bear in mind this in for an overdraft.

http://www.consumeractiongroup.co.uk/forum/showthread.php?422653-Carter-Lowell-claimform-old-Lloyds-OD-debt/page3

Post#51

Thanks Andy

This catalogue account was opened in 1993. At that time a cca was not issued. The shopping facility was provided and not governed by the terms and conditions of a signed cca. Can I state this in the witness statement?

This catalogue account was opened in 1993. At that time a cca was not issued. The shopping facility was provided and not governed by the terms and conditions of a signed cca. Can I state this in the witness statement?

Only if they state it in their particulars and refer to an agreement.

Our Witness statement and standard disclosure were sent to both the court and Carter well before the court deadline. Nothing heard from carter re the same.

My friend received a letter from carter today in the form of, notice of discontinuance of claim.

I advised my friend to ring the court and check they have been informed. The court said they have heard nothing yet and advised her to ring back next week to check again.

Is this par for the course?

Thanks

It is for that crew...he has discontinued the claim....keep checking the court have received same.

Thread title amended to reflect the result.

Well done Clynite

Regards

Andy

could a wasted costs order be applied for.

Well done to you for your friend BTW.

could a wasted costs order be applied for.

 

 

Well done to you for your friend BTW.

Not in Small Claims Track.

ok l had heard people claim them before

It is possible...if the claimant was unreasonable or you could prove the claimant was vexatious....but generally no in SCT....you can claim for wasted costs on discontinuance in Fast Track

BC is a vexatious and unreasonable claimant

Person opinion ofcourse.

Excellent news Clynite

Excellent news Clynite

The number of times here on CAG we see Carter using the court system as a debt " collection tool" is high, one has to wonder what the figure is in the wider world of debt collection, needs looking into I think!

I agree something is wrong here brig

Hello everyone

I want to thank everyone that has offered advice and support to me on this thread. In particular, Andy who provided the initial defence to this claim. This forum has enabled me to help a vulnerable friend. That has been most rewarding for me. My friend has asked me to convey her gratitude to the many people who devote their time to help others.

On behalf of my friend and myself, I have made a donation to the CAG site through the CitizenB link.

Thanks for everything.

To complete the thread and benefit others in similar situation, I will update when the Court confirms they have received notice of discontinuation.

Your most welcome Clynite ...glad we could help.

Many thanks for the donation...this helps the forum to continue and to assist others.

Kind Regards

Andy

Hello everyone,

Just an update. The Court has confirmed that the claim has been discontinued. Hopefully that concludes matters.

Once again many many thanks for everyones help and support.

Hello everyone,

 

 

Just an update. The Court has confirmed that the claim has been discontinued. Hopefully that concludes matters.

 

 

Once again many many thanks for everyones help and support.

Excellent news