Thread: Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

THESE ARE NOT templates

They are to give you a starting point from which to work from, should you be asked to submit any of these to the court. YOU WILL NOT NEED TO SUBMIT ALL OF THESE TO COURT. If you are having difficulties preparing for court please type out your court order IN FULL (exclude your name/court etc) on your thread.

Case Summary
Disclosure by List
Witness Statement - sometimes requested in addition to the bundle
Draft Order for Directions
STRIKE OUT DEFENCE DUE TO NON COMPLIANCE OF BUNDLES

Similar Threads:

• Draft order For Directions

CASE SUMMARY

(The case summary should include a chronological list of events (ie letters sent & received etc, date of claim, amendments etc - excluding without prejudice)

CLAIM NO: xxxxxxxx

In the [insert court name] county court

[insert name]

Claimant

-AND-

[insert name]

Defendant

CASE SUMMARY
_________________________ _________________________ ___

1. I am the Claimant in this case.

2. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.

3. On 08 April 2006 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.

4. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.

5. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.

6. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.

7: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.

8. 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.

9. A list of charges applied is attached to this Case Summary.

10. 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.
11. Accordingly the Claimant claims:
i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.
a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.
b. I understand that it is in the Courts discretion to do so.


Statement of Truth
I believe the facts stated within this Case Summary to be true comprising of xx pages.

Dated this day of 2006

Signed
[type name]

Abbey, are getting very sloppy lately and are missing deadlines left right and centre, particularly orders to submit their court documents.

It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around.

Instead, if they breach an order to submit documents, it is suggested that a better way of chasing them is by letter.

Firstly, on (or as soon as possible after) their deadline expires, send Abbey the following letter enclosing a copy of the courts order. If possible, send a copy by fax as well as post.

[You]

[date]

Dear Sir/Madam,

[You] –v- Abbey Plc
Claim No: ********

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional mannor befitting of such a prestigious organisation.

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

I look forward to your prompt response.

Yours Faithfully

Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.

[you]

District Judge ******
C/O The Court Manager
****** county court
Court Address
Postcode

[date]

Dear Sir/Madam,

[You] -v- Abbey Plc
Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

I wrote to the defendants solicitor on [date] to request that it serve the Defendents documents at its earliest conveniance. I have received no response to this correspondance.

I can confirm that my documents were filed on [date] and served to the Defendant on [date]

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules, or other such order as the court deems just.

Yours faithfully

Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing.

In any case, it will give Abbey a good kick up the bum and more importantly, it demonstrates to the court that they are not conducting themselves professionally, which in light of the recent orders made in Lincoln can only be a good thing.

Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!

FWIW

Abbey failed to submit their aq, I wrote directly to the court copying in the defendant, the judge ordered submissions within 7 days or risk the defence being struck out.

I would suggest that all correspondence between parties, once the claim has been submitted, should be copied to the court unless it deals with WOP matters.

Just a suggestion.

Glenn