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.
Finally I have a court date set the hearing should take no longer than one hour! - I am claiming just £300!
How should I tackle the court letter??
The claimant shall file and serve
Copies of anyy statement or other documents relied upon as showing that each and every charge repayment if which has been made
A Statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.
The defendant shall file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed:
Pursuant to what contractual provision such charges were made, producing a copy of the contractual document relied upon;
Whether such charge is accepted to be a penalty, and if not, why not;
If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trail as to what the true cost of dealing with the matter was.
Two questions
How do I tackle my part, and is the judge asking the bank to divulge how it arrives at the charge / penalty figures?? - the court is Leicester.
My advise if free and is worth exactly as much as you paid for it .
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
The claimant must file before 7th January 2007 !!!
The defendant must file before 6th February 2007
The case to be heard on the 27th March 2007.
FYI - The Judge made the order on the 28th December but the court letter to me was not typed until the 18th January. I contacted the court on the 19th Jan and they said that they were behind with the paper work!!! But to get my response in ASAP and it will be OK ??
I will be writing a separate letter of complaint to the court over the delay in typing my order out this is not acceptable IMO.
My advise if free and is worth exactly as much as you paid for it .
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
As long as it was the courts fault and not yours, then yes, you should be fine. Exactly the same sort of delay happened in my case - with those same directions as well. You need;
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Thank you Gary - As I understand I need to provide proof that the charges were actually made - I will send off copies of the stement sheets with the charges highlighted as well as a summary sheet.
I am also being asked for a "statement of your evidence." so I will use your template - thank you very much
My advise if free and is worth exactly as much as you paid for it .
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
As I understand I need to provide proof that the charges were actually made
I beg your pardon, yes - I misread. Usually those directions ask for a) a schedule, b) evidence charges have been made, c) statement of evidence.
Send a schedule as well, just in case.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Court Date Set 27th March 2007
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