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.
don't take that too personally - it's meant to be funny!
ok, some background - as things have progressed - we have had to move along in our thinking about things -
last autumn - dg was making offers before the 28 days were up.
earlier this year - dg was making offers before the aq was due.
now dg is making offers when they are forced into it by court dates or directions.
last autumn almost no one had to do a court bundle.
earlier this year a few had to do it.
now it is really getting more and more common.
a court bundle may be required for a court appearance, the directions from a judge to provide this information or as a result of you having asked for the draft order to be made a direction - if the judge has approved it - the court order needs to be done.
this is a good thing!!!!
once the court bundle is filed an offer is usually very quickly forthcoming. so we just have to get our heads around it.
i was very daunted looking at it and i haven't ever done one - but watching those who have - i've put together a step by step approach.
i'll post it here and let those who have actually done it make comments and i can change the directions if they aren't correct in any part.
but as i've seen a good few needing this info recently and anticipate many more - here is my court bundles for dummies:
a) your schedule of charges.
b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (Subject access request) (only send the statements with charges on them.)
c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: HSBC uses the service charge defence - so use the first letter in post 55
d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.
AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF terms and conditions IN THE BUNDLE.
This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!
let's take it step by step item 1 - your schedule of charges - easy! (making sure each charge has a date, a name from the statement and amount) item 2 - statements (only pages with charges circled) - easy! (if you got your statements off the internet - use them) item 3 - statement of evidence - follow the link - it's the first of the two letters shown there. copy it out i know this is mixed up but try to follow - copy it from the link above the post 55 on the new strategy then it will be called a statement of evidence- then go on this link:Nawanda Vs HSBC (although nawanda was using the statement as amended particulars of claim - the idea remains the same - don't just copy it - make it personal to your claim) she had to do the statement and she did it then there was a bit of comment from garyh - so in the end it is just right - so, once you've copied it out - from post 55 of the new strategy - take a look at that link to fill in the blanks and get it right. item 4 - the court bundle, follow the link - it's a lot of copying.
AND GUIDO HAS KINDLY OFFERED THE LEGAL BITS OF THIS IN A PDF FORMAT - SEE POST 45 FURTHER DOWN. also, in the litigation section - you can run a copy of settled claims Litigation Section - View and print out litigation spreadsheets here, also, a copy of all the paperwork between you and the bank since you've started this (but nothing marked without prejudice), also, the t & c's - preferably from around the time you opened your account - we are getting more and more all the time so check here: HSBC T&Cs HERE also, take a look here - this is new and is a work in progress: Document Library - WORK IN PROGRESS
here's one last bit - each party must provide its documents and written evidence (court bundle) in a single bound paginated (that means with pages numbered) bundle clearly marked on the front with the case number and names of the parties.
ONE LAST WORD OF ADVICE: CHECK THE PAPERWORK REQUIRING THE BUNDLE - GET IT IN ON TIME - IT COULD BE FOR THE HEARING, 14 DAYS BEFORE THE HEARING, 14 DAYS FROM THE DATE OF THE LETTER BEING SENT OR WHATEVER - READ IT, READ IT AGAIN AND THEN PUT THE DIRECTIONS FROM THE COURT ONTO YOUR THREAD SO WE CAN READ IT. NO GOOD MISSING THE DATE.
I agree , its very thorough, is there any way it can be put into the other menu about the basic court bundle so that it is constantly available to refer to.?
To all who don't know, you can edit your own signature (the blurb that appears under the post that you have just written) and copy the shortcut of this thread into it. Also, I find that it helps if you edit the last post on your own thread and cut and paste a link to any thread you found useful. That way you never lose track of the useful bits of info on here. To edit your own signature, go to "user CP" up the top of the forum (just under where it tells you which forum you are in) and then click on "edit signature". Your signature will only appear on a thread if you put in a large post (like this one). To cut and paste a link into a thread, right click onto the thread and then left click onto "copy". Go to where you want to paste the link and then right click again and left click on "paste". Et Voila your link is now where you want it. I hope this helps
If you think my post was helpful, please feel free to click my scales
To all who don't know, you can edit your own signature (the blurb that appears under the post that you have just written) and copy the shortcut of this thread into it. Also, I find that it helps if you edit the last post on your own thread and cut and paste a link to any thread you found useful. That way you never lose track of the useful bits of info on here. To edit your own signature, go to "user CP" up the top of the forum (just under where it tells you which forum you are in) and then click on "edit signature". Your signature will only appear on a thread if you put in a large post (like this one). To cut and paste a link into a thread, right click onto the thread and then left click onto "copy". Go to where you want to paste the link and then right click again and left click on "paste". Et Voila your link is now where you want it. I hope this helps
Uncle JW i was going to click on your scales but couldnt figure out which button to press i tried clicking on something but all i got was a picture of a naked lady,,,,,, is that you uncle JW????????????
i pressed another and all i got was a large feather, am i pressing the wrong buttons please help uncle JW, you should write a book , maybe call it ' pressing buttons for dummies' ,,,,,,,,,, help us
GE Capital Won
Capital 0ne Won
Northern rock Claim stayed working on negotiation
HSBC personal claim 1 ''WON''.
£1800 plus full stat interest plus costs.
Claim started 14/02/07 offer 3/07/07
Next:Coming soon to a thread near you!
HSBC personal Part 2 'return of the Celicaman'
HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank
HSBC business 2 'attack of the Celicaman'
HSBC business claim 3 'bank account menace'
HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'
GE Capital Won
Capital 0ne Won
Northern rock Claim stayed working on negotiation
HSBC personal claim 1 ''WON''.
£1800 plus full stat interest plus costs.
Claim started 14/02/07 offer 3/07/07
Next:Coming soon to a thread near you!
HSBC personal Part 2 'return of the Celicaman'
HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank
HSBC business 2 'attack of the Celicaman'
HSBC business claim 3 'bank account menace'
HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'
GE Capital Won
Capital 0ne Won
Northern rock Claim stayed working on negotiation
HSBC personal claim 1 ''WON''.
£1800 plus full stat interest plus costs.
Claim started 14/02/07 offer 3/07/07
Next:Coming soon to a thread near you!
HSBC personal Part 2 'return of the Celicaman'
HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank
HSBC business 2 'attack of the Celicaman'
HSBC business claim 3 'bank account menace'
HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'
GE Capital Won
Capital 0ne Won
Northern rock Claim stayed working on negotiation
HSBC personal claim 1 ''WON''.
£1800 plus full stat interest plus costs.
Claim started 14/02/07 offer 3/07/07
Next:Coming soon to a thread near you!
HSBC personal Part 2 'return of the Celicaman'
HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank
HSBC business 2 'attack of the Celicaman'
HSBC business claim 3 'bank account menace'
HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'
ok no more silly posts tonight, its bed time.
Apologies to JW for hi jacking thread.
Tomorrow i will try to figure out wot he wrote and see if i can understand it, but for now its ' understanding posts for wine'os' goodnight all
GE Capital Won
Capital 0ne Won
Northern rock Claim stayed working on negotiation
HSBC personal claim 1 ''WON''.
£1800 plus full stat interest plus costs.
Claim started 14/02/07 offer 3/07/07
Next:Coming soon to a thread near you!
HSBC personal Part 2 'return of the Celicaman'
HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank
HSBC business 2 'attack of the Celicaman'
HSBC business claim 3 'bank account menace'
HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'