just to ask - when is the court bundle due - is it two weeks before the court date?
the reason i'm asking it that's still a pretty long ways away - if you wanted to bring the matter forward - you could try sending in the draft order for direction with a cover note to the judge - if he sees it as a good thing and orders it - he could say ok - get it in to us in 14 days (and as you've already got to grips with it - that would be a problem at all) - it would mean dg has to show all their stuff and they won't - so your offer will probably come much more quickly.
should you want to do this - just copy out this draft order and the letter and send it to your court.
[Your address]
The Court Manager
******
county court
Court Address
Court P/code
[date]
Dear Sir/Madam
It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with and that a date for a Preliminary Hearing has been set for 25th July 2007 at 10.00am. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date HSBC have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily
In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order. I think that this would expediate the matter, which will hopefully lead to an early resolution and therefore making a court date unnecessary.
The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.
- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.
- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.
The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.
As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.
Yours faithfully,
[name]
enc: Draft Order
THEN ON A SEPARATE PIECE OF PAPER - THIS:
Draft Order for Directions
1. The Claimant shall within 14 days of service of this order 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 being made;
- b) Copies of any statement or 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.
If the Claimant fails to comply with this order, the claim will be struck out without further order.
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; - a) Pursuant 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 Defendant's loss incurred by the Claimant's 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 adduced 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 upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
- e) Any witness statements.
- f) Copies of decided cases and other legal materials to be relied upon.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.
as for your questions -
have you seen my new thread - it's the last one in my signature below.
as for the format - in a folder would be nice - with a table of contents - and 3 of them - one for you one for dg and one for the court.
see my thread for the table of contents
i'd say for the interest - it should be to the date of the claim - plus a daily rate from the claim date to the date of settlement. the daily rate is calculated at charges x 0.00022 pence/day.
Archer V HSBC - ***Won in court POST OFT!***
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