Thread: Court Hearing date -witness statements/statement of evidence?

At last a court hearing date - 4 months after beginning this process - but sadly court hearing date is another 4 months away! It seems unlikely Cobbetts or NW will do anything now except put this claim on the shelf to gather cobwebs and maybe make their offer sometime at the end of July. In 4 months time, I will have lost my momentum and so have decided to get a 'skeleton' of court bundle etc ready so when I come back to this issue in July will have some reminder of what the issues are!

I was very disappointed that the district judge ignored the request for Special Directions but can't do anything about it now except wait. Do you think the judges even read the aq's or is it done by an administrator in an office (my notice of hearing had a postmark in a totally different area to where the court hearing is)?

The Directions seem very standard - each party giving to the Court & every other party all documents 2 weeks before hearing but the last one (iv) says:

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned in para (i) above. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to the Court to give evidence


My query is what do I have to provide? Is this a statement of evidence as given in the New Strategy of AQ? If it is, how do I tailor this - to the general laws & regulations that I as claimant consider relevant or to responding to particular issues that NW raised?
Cobbetts made lots of reference to particular contractual provisions or clauses I allege to be invalid. Does this mean I have to go through the Terms & Conditions identifying particular sections that I believe are contrary to UCTCR or SOGSA? If so how do I obtain the T & C's which were current in 2001 (the ones I have are dated Nov 2006)?
The rest of the defence was about them providing a service which I think is covered by the 2nd statement of evidence on the New Strategy.

Really hope someone can tell me if this direction is for a Statement of Evidence and if so what slant I must give it!

I do appreciate that NW will eventually pay out and I must be patient but feel this one (even though the amount is tiny (£1285) compared to what other people are being paid out) will go up to the end and therefore I need to make sure that they don't get it chucked out because I failed to do something. It's very frustrating to have to go throught all the motions of getting everything right and knowing that it will never get to court - the only people who are happy are NW & Cobbetts as they know we are having to sweat it out!!

With hindsight I would have been better to accept NW offer of all penalty charges and written off the court costs (at the time £120) & statutory interest (£435) but too late now!

Thanks in advance to anyone who can offer any advice. Much appreciated.

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Thanks for that hedgey. Have checked that out but doesn't really help. Been checking the Statement for Evidence on New Strategy for aq thread and think this is probably what I have to do as they do seem to want evidence not a witness statement. Hope someone can confirm. thanks

Cobbetts have written (at last!) with an offer of full settlement & enclosed cheque. The settlement was short as it excluded some bank charges but phoned them and they said they would send difference so everything sounds good. However there are the same conditions as others have had don't reveal anything to 3rd parties, accept future charges etc. My question is:

How do I respond to these conditions?

I have read the answer in more than one place on the forum in the past but although I've looked fairly hard can't find them now!
Can anyone please direct me to threads that give me an idea of how to respond?

Thanks in advance!

Hi Pula,

CONGRATULATIONS!!!!!!!!!! !

Have a look through here - you should find what you need http://www.consumeractiongroup.co.uk...hat-youre.html. You should accept the offer but reject their conditions (i.e., you don't agree to accept future charges).

Great result................... enjoy the cash!!!!!!!!! xxx

don't sign anything until you hAve received the funds owing and the cheques have cleared. Then follow Hedgeys advice. CONGRATULATIONS.

**WON**

All charges £1286 and 8% SI £435 up to time of submitting N1 claim plus all costs.
The cheque was dated from mid March (before aq deadline) but received end of April (after Cobbetts & I had to submit AQ). So in the end had to claim an extra £100. Cobbetts seemed very accommodating about the extra cost and I received almost return of post. Get feeling that Cobbetts and Natwest aren't deliberately delaying but they are busy and can't get responses out within the time scale being set. perhaps I'm too kind!

Thanks for assistance from people on this site. Found personal support keeps you going when you want to give up! Templates great and useful. The browsing on the forum & new posts really guide you as to both what you could expect, and what to do so there are 100's of people helping although they don't know it.

Survey done - small donation made - overdrafts cleared!!!