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abbey claim


belly69
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hi everyone

 

please help.. i am in the process of dealing with my boyfriends claim against the abbey, having successfully winning my own claim against lloyds tsb before it got to the hearing stage, earlier in the year. he has received a date for his hearing (23 november) and in the "notice of allocation to the small calims track" which we received from the court, it states that we must "file at court and serve on the defendant a detailed witness statement exhibiting a schedule of the dates and amounts of all charges in issue and the extent to which they are disputed and for what reasons" does this mean that i just file a witness statement (as shown by the template on this site, does this mean that i do not have to file a bundle? i have friends who have prepared and submitted bundles for their cases so i wonder if i should do one even though it is not directed in the court order, or shall i just not bother? please help as i do not want to lose this case over a procedural error on my part as the claim is for over £7K.

 

thanks :p

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Hello Belly69

 

You should file anything the judge has asked for in your correspondance with him / her. Get your Witness Statement in before the date given on the letter. Can you quickly type up what the order says to make sure you don't miss anything, as mistakes are being made lately.

 

Here is a link to the information you would need.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important.html

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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the order says:

District Judge has considered the statements of case & allocation questionnaires filed and allocated the claim to the smal claims track.

 

upon reading the parties AQ's and their rejection of an invitation to stay the claim to attempt a settlement. the parties attention is specifically drawn to CPR 1.1 (2) - dealing with the case proportionately, expeditiously, fairly and cost effectively

 

1. the claim is allocated to the small claims track to be heard on 23 Nov 2007.

 

2. the claimant must, at least 42 days before trial, file at court and serve upon the defendant a detailed witness statement exhibiting a schedule of the dates and amounts of all the charges in issue and the extent to which they are disputed and for what reasons.

 

3. the defendant must, at least 28 days before trial, file at court and serve upon the claimant a detailed witness statement in reply, responding to each item in the claimants schedule and giving reasons for the justification of the same.

 

4. failure by either party to comply with paragraphs 2 and 3 above may debar that party from relying upon that evidence at trial or may result in the trial being postponed to a later date with the offending party being liable for any wasted costs.

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Hello Belly69

 

Everything you need is here, you have'nt had a stay on your claim. Just make sure you do this in time.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/103771-abbey-court-bundle-witness.html

 

I will get your thread moved to the Abbey forum where you will get lots of help. Any problems, just shout.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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