sorry to be a pain but Im not completely clear on that. So are you saying I only charge the daily rate up to the date I filled ie Dec 6th? Whay happens to the time between thenand now and the court date in April?

bump i know I am impatient sorry but could really do with this info so I can sleep easy tonight and post it in the morning

Another last urgent question !! Do I print off my schedule of charges with the 8% total showing as at today because it goes up every day? I assume I do. Thanks again

Urgent help needed tonight please. Where can I find the transcript of the radio interview with Peter McNamara. I ned to post my bundle tomorrow and cant find it. I have already stated it is included so I need it. Also,re the above post....as it says "without predujice save as to costs" shall I include it or not? Thanks

yes you can still re-claim them. look at the sticky above. There is lots on info on the site, have a good browse around.

I am no expert but as every day passes everyone will have some charges that now fall beyond the 6 year rule. My understanding is that you can include 6 years back from the date you serve your claim. Are yours still within this? My first charge I am claiming for is Feb 6th 2001. I filed my claim on Dec 6th 2006 and it was within the rule but as my court date is not until April quite a few will now be outside. Tony

Hope you dont mind me asking but " I went 2 tranactions over the limitation act" What does this mean?? I didnt know there was a limit and I have to submit my bundle on Tues with a court date in April. Have I messed up with something? Thanks

Well done !!! Have been reading your thread to see how you are doing.My bundle has to be in by Tuesday but the court date isnt until April 16th. I hope they settle before then!!

Oops, just spotted right at the bottom of the letter it says"....whilst this letter is written without prejudice save as to costs..." so looks like I will have to pull them out?

Nope you are right it doesnt! This could mean you are nearing the end! Lets hope.

Thanks Alan, Just checked all my correspndence and neither of their offer letters to me had "without prejudice" on them so I can leave them in. Tony

Any news? Thought their deadline was up tomorrow?

I have just noticed in another thread that jonni2bad has advised not to include without predjudice letters from the bank or our responses to them in a court bundle. Can you tell me why that is please? I am posting mine on Monday and will need to take them out but could do with understanding why. Thanks

Bentley ah. My other half drools over the baby blue convertible in the reception every time we pass and complained big time when it wasnt under the tree at Xmas. Bless. Sorry for invading your space Paul!!!

Or "no news is good news". Keeping fingers crossed for you.Can you apply for a strike out if they dont repond by Sat? Bye the way I have all my court docs nearly finished now. Strange how it all clicks into place in the end.

thanks a lot, its all falling into place now.

Thanks a lot Alan for such a prompt assist. I assume I can find a Statement of Truth on the site or do I just put one together? Do I need to point out that the evidence for point 3 covers point 4 too? (Am afraid they may look for any reason to strike out as I sent the draft order in the first place) Can you confirm that I dont need to print the "court bundle" as shown in the library? And finally...do I need to do a Disclosure by list? I have printed so much stuff off I have confused myself ! I will definitely be one of those donating as I am under no illusion that I could have acheived all this without the site. Thanks again Tony

Thank you very much Michael Browne I will have a look at it now. Thanks

Claim number XXXXXX Between XXXXXXXX - Claimant and XXXXX - Defendant Draft Order for Directions 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. This is what I sent with my AQ and it is exactly what the Judge has sent back to me and Cobbetts.

Thank you so much Paul. The order from the Judge is exactly the same as the Draft Order for Directions I attached to my AQ, being the New Strategy suggested here instead of just asking for Standard Disclosure. I am buried under piles of photocopying I did in work today (statements etc) and keeping track of three sets of everything is a nightmare. I hope you made progress with yours, it all sounded a bit hairy on Saturday!! Tony

Help needed please I have until a week today to provide the following to Cobbetts and the Court 1.A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise. 2.Copies of decided cases and other legal materials to be relied upon. There were 2 other points but I have sorted them. I think point 2 is the printing of the court bundle from the library but would like it confirmed please Thanks

Mine had 9 points too so dont worry. I also had T&C's and SGSA points and a request for CPR 18. I replied with the following letter Dear Sir/Madam I acknowledge receipt of the defence posted on behalf of National Westminster Bank plc. I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims fast track and would not then expect to have to deal with a Part 18 Request since these are specifically excluded under Part 27 unless the court specifically orders me to do with of its own initiative. Furthermore, I consider the Part 18 Request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account. Account Name: Account Number: Account Sort Code: Please also find enclosed a breakdown of all charges I am claiming. Yours Faithfully I also copied it to the Court and since then things have progressed well. I have a court date in April so dont worry and dont back out, you will be fine.

Big congrats Clare. Wish I had it that easy. Well done.

Ok since yesterday I have figured a lot of it out myself but would like to know if anyone is at the same stage or just past it so we can cofirm my understanding of staements of evidence and contents of the court bundle Thanks in advance

there are 4 points on the draft order 1 You have to provide your spreadsheet of charges 2 you have to provide your bank statements 3 Statement of evidence - Im stuck on this one 4 Court bundle - print it out as it is That is my understanding after spending all day reading around the site!!! Im hopefull someone will say if Ive got it wrong and also advise what point 3 is all about. Ive got square eyes now!!!!