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.
The judge orders that you and the other parties prepare for trial as follows:
1) The claimant shall by 7th May 2007 send to the defendant and to the court:
a)A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge to be made;
b)Copies if statement or any other document relied upon as showing that each and every charge has been made;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
d) Copies of decided cases and other legal materials to be relied upon.
The defendant shall by 28th May 2007 file and serve a response to the claimant's schedule, stating in respectof each item claimed.
a) Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not why not;
c)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 treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be abducted at trial as to what the true cost of dealing with the matter was;
d)If such charge is not alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions then facts and matters intended to be relied upon showing the basis uponwhich the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
e) Copies of decided cases and other legal matters to be relied upon.
Re: 11 week wait.Interesting directions from court.
Ooooo, gonna read this at length when I get home Parky. Fendy xxxxx
NATWEST BANK CLAIM - £16,100.00 WON
ABBEY BANK - £5500.00 WON
CAPITAL ONE VISA - £1800.00 WON
HUBBYS CAPITAL ONE VISA £2012.00 WON
TOTAL WON TO DATE: £25,400
************************* ************************
NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING
ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING
YORKSHIRE BANK - AT SAR STATUS
HALIFAX CREDIT CARD - AT SAR STATUS
PLENTY MORE TO START LATER.
STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.
STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT DUE TO WHAT LIFE DOES TO YOU.
Re: 11 week wait.Interesting directions from court.
I am a little bit cautious. Part of the claim is Pre- 6years and i am hoping that the judge (bless him) who has not made any specific mention of the limitation act and has concentrated on them disclosing the true cost of their charges.
Re: 11 week wait.Interesting directions from court.
Pliny, Yes i tend to agree with you over calling their bluff. But i've learn't on here to keep your focus. In fairness he seems to have gone straight for the jugular.
Re: 11 week wait.Interesting directions from court.
It's not for the DJ to mention limitation. It is either for you or the defendant.
If they don't raise it in their defence don't mention it but be prepared to argue it as part of your response to their defence if they do. Also be prepared to argue it in court if they try & spring it on you then
Re: 11 week wait.Interesting directions from court.
Scarborough. I sent the new amended aq, but he seems to have done it his way. Yes vitually the same, word for word. They ask all the right questions. Is this checkmate ?
Re: 11 week wait.Interesting directions from court.
Are you going to Scarborough Fair, Parsley Sage Rosemary and Thyme............ la la la la la................ oops, Sorry Scarborough courts........... la la la la la. Can I ask how much you are claiming Parky, or is that private. Totally understand if its private............ Fendy xxxx
So far it all looks to be going well in your favour though by above posts........... I shall be watching daily in your own fight Parky. Goes without saying......... you are a man of few words, but plenty of smileys........... I WISH YOU ALL THE VERY VERY VERY VERY BEST, YOU DESERVE IT FOR YOUR HARD WORK AND ENCOURAGEMENT TO ALL ON HERE....... I hope the money is yours again, and quickly.
Lots of Love, Fendy xxxx
NATWEST BANK CLAIM - £16,100.00 WON
ABBEY BANK - £5500.00 WON
CAPITAL ONE VISA - £1800.00 WON
HUBBYS CAPITAL ONE VISA £2012.00 WON
TOTAL WON TO DATE: £25,400
************************* ************************
NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING
ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING
YORKSHIRE BANK - AT SAR STATUS
HALIFAX CREDIT CARD - AT SAR STATUS
PLENTY MORE TO START LATER.
STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.
STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT DUE TO WHAT LIFE DOES TO YOU.
Re: 11 week wait.Interesting directions from court.
Fendy my virtual buddy. Thanks for your support. Their is a sort of virtual madness that quite often bubbles to the surface. The emotional bashing we all take on here is sometimes so over whelming. Their are alot of superb people on this site who continue and i'm sure will continue to fight this totally just cause. Amount claimed 7k.I am very interested to see for obvious reasons. ( seven thousand of them ) Whether Cobblers throw the towel in or if your reading this Nasty West. Waste more of your money which surely by now you ( Nat West ) must have realised is a very plentiful
gravy train for Cobblers. With absolutely minimum success.
Re: 11 week wait.Interesting directions from court.
Ooooooh Parkie............ just read through your thread - and I know you're cautious but am i right in reading this as you're nearly there??? Hope so honey............. they've kept you hanging on for way long enough!! Fingers crossed for a win for parkie asap!!! xxxxxx