Done. Partial victory.

Well I will argue it was not clear at the time of contract. They say it was always clear and open. Kicks off in 8 mins

OMG, I was just reading my original signed CCA again, it does NOT mention default charges AT ALL.

Judge asked for it to be a teams meeting in the last minute. Glad I shaved today

Less than 24hrs now. They haven't submitted their costs. Something the last hearing the judge checked on since the deadline is 24hrs. Been going over my arguments and analysing theirs. Their counsel is quite derogatory in many places, not very professional. He starts with "Unhelpfully the bundle filed by the Claimant did not include any of the Defendant’s documents." Perhaps if they weren't late and then submitted several witness statements. They are putting a lot of effort into dismissing Kleinwort Benson and getting the charges statute barred. They argue that I had everything I needed to question the legality back when they occurred. If you recall I cleared the balance to prevent them using it against me, like BC did in the last hearing, they state: I will argue my circumstances had changed and I didn't want the balance to become the focus of the claim and that the charges are the focus. They are also saying compound interest is not applicable per Sempra Metals, saying Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2018] overrides this.

So skeleton arguments need to be submitted at least 3 days before the hearing. It's on Tuesday, which is 2 work weekdays. Since the skeleton argument reads more like a second witness statement. Can I argue that it not be considered and that it was to make up for the delayed original witness statement. Remember they made a hash of submitting it the first time around.

When the court has deadlines, such as a document needs to be submitted at least 3 days before a hearing. Does this mean work days, or days of the week?

I just had an email from Santander. It's a skeleton argument and authorities from their counsel. Hearing is on Tuesday. Can someone look at it? I am going over it. Reads more like their bundle. Is it ok for them to do this so late? Or does the fact its labelled a skeleton argument bypass this? Skeleton Argument.pdf This is beginning to being back bad memories of the BC hearing where I was made mincemeat out of.

Since it's hearsay, don't I have the option to cross examine the hearsay witness? Thus she would need to attend the hearing after all.

This is very strange. The lady I have been in communication with at Santander, their legal counsel, has just submitted a Hearsay Notice to the courts. I've attached it. She has submitted a notice to use her already submitted witness statements. But not necessarily call upon herself. What is going on?... I've attached the notice. Hearsay notice 22.10.21.pdf

Thanks for the reply. I thought now that the claim is in the small claim track that fees wouldn’t be an issue. There has been no breach of protocol.

Right so the hearing was postponed in the last minute due to lack of availability of a judge. It is now scheduled for November 2nd. I just got another letter from their solicitor, trying to scare me off with legal fees. The case is allocated to the small claims track. See their letter test below, they are claiming to use the letter itself in the court: @Andyorch

Yes they did, I posted it above. It was brief, focussed on the arrears, the terms and conditions and no reference to any other cases, regulations. The solicitor then submitted 5 exhibits separately. Statements, T&C's, default letters. I am thinking they got a barrister involved over the weekend, who wanted all the documents in one bundle.Which is why the resubmitted it this morning as one PDF, whilst claiming to be doing the court and judge a favour.

Well this sucks, hearing is being postponed due to lack of judges. Does this buy them more time to revise their witness statement?

Bloomin' eck. Less than 24 hrs to go and the Santander Solicitor has submitted a bundle to the courts. From what I can tell she has taken my bundle and added all her documents. I thought there was a 48hrs deadline for submitting items to the court.

And with one day to the hearing Santander have submitted a 2nd witness statement. It simply clarifies that there is indeed zero balance on the credit card now and that they will no longer be seeking enforcement action.

I replied with:

Had an email from them this morning. It's been allocated to the small claims track, so it's unlikely they will get costs right? Looks like it's going to though to the hearing.

No news, doesn't look like they will settle. Thought they might have done.

Just wrapping up the bundle. Deadline today. Santander's witness statement doesn't at all mention time barred issues with the charges. Should I still add a section on in my statement. "The Defendant may say the charges are time barred.... however Kleinworth....." Bundle submitted. Borrowed a bit from the BC solicitors bundle. 184 pages . Hearing is next Tuesday 10am. Let's see if they want to settle or just go for it.

So I decided to eliminate the potential of the arrears counting against me and I cleared the balance. In my Barclays hearing the judge was very focussed on the outstanding balance and how Barclays were the real victims. I wanted to take that off the table. The Santander solicitor just asked if this meant I would be discontinuing my claim....

Yes still with Cahoot/Santander. Was just wondering in the eyes of the judge if it was better not to have an outstanding balance. After I got burned by the judge in my Barclays hearing.

The card is defaulted and no longer in use (bad patch a few years ago).

Ok phew. Next step finish my bundle. The deadline is Friday (7 days before hearing). Their solicitor submitted theirs already after asking for an extension till Friday, I think she got the dates muddled. Have posted it here. Their defence feels very high level 'these were the Terms and Conditions'. Then they go heavily into the outstanding balance on the card. I am in the position to clear the balance, would it help if I did before the hearing? The amount being claimed is several thousand more than the balance. WS Santander.pdf

Called the court. They took the payment, didn't care and said was all ok.