Natwest Keep racking up the interest - PART II

[vexlitigant]

Bump

[vexlitigant]

OK. I have found HMCS leaflet on multi track - EX305

 

Didn't know i would need form N265 (list of documents: standard disclosure)

[vexlitigant]

NW's solicitors have failed to give Standard Disclosure . Judge's Deadline was today?

 

Any suggestions?

 

Write to the court?

 

I have sent my Standard Disclosure off. If the solicitors request inspection or copies of the document within the next 7 days, and where they haven't sent me their disclosure, should i tell them to p*** off?

[vexlitigant]

[paulwlton]

May be of use.

 

Paul

 

 

Dear Sir/Madam,

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

 

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

 

I look forward to your prompt response.

 

Yours faithfully Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.

 

Quote:

[you]

 

District Judge ******

C/O The Court Manager

****** County Court

Court Address

Postcode

 

[date]

 

Dear Sir/Madam,

 

 

I, the Defendant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

 

I wish to inform the court that the Claimant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I wrote to the Claimant's solicitor on [date] to request that it serve the Claimant's documents at its earliest convenience. I have received no response to this correspondence.

 

I can confirm that my documents were filed on [date] and served to the Claimant on [date]

 

It is submitted that the Claimant's non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Claimant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

Yours faithfully

[paulwlton]

Duplicated.

[vexlitigant]

Thanks once again Paul

 

Did you like the shot of the tumbleweed?

 

BTW - I have turned down that offer. you know

Edited February 5, 2009 by vexlitigant

[vexlitigant]

Update

 

After 5 weeks and TWO reminders, i still have no response to my 31.14 request.

 

AND They did not serve standard disclosure on me - not a dicky bird!! This is 10 days overdue now.

 

I think i will push a letter to court as Paul hass suggested.

 

Any suggestions?

Edited February 12, 2009 by vexlitigant

[vexlitigant]

Current status:

 

1/ 6 weeks after my CPR request, Solicitors eventually find my signed copy of Credit Agreement. This has quite obviously been amended after i signed it and the amount of loan is higher than that which i applied for. They added the set up fees to the total amount - twice! I understand that alone makes the agreement unenforceable (Thanks Paul)

 

2/ My request under CPR for a copy of each version they hold has been ignored. There appears to be 3 seperate different copies of the same agreement, owing to 'modifications and obliterations'. - Should i ask Judge to order disclosure or apply for strike out?

 

3/ CPR request also included request for default notice and / or termination notice. No sign of this from them.

 

4/ 1 month after submitting my standard disclosure, solicitors have not served theirs - Again, should i apply to the judge for an order to disclose or order for strike out?

 

5/ I am now 2 weeks away from deadline for witness statements, but without their disclosure, i have only slightly more information than when this case started. - As i am waiting for their disclosure, am i bound to stick with the judges order for witness statement, and if so, what do i write?

 

6/ Having done a refresh of my documents, the schedule of arrears that was sent to me in response to my CCA request is incorrect. It states an original balance that does not tally with the amount that was paid into my account - How significant is this error?

 

 

That's all for now

 

Thanks, Vex

[vexlitigant]

Long time since i've been on the forum, and updated this.

 

I'll start a new post, but will drop a link in that new post to refer interested readers to the whole history here.

[JonCris]

Thanks once again Paul

 

Did you like the shot of the tumbleweed?

 

BTW - I have turned down that offer. you know

 

post cancelled

[JonCris]

As you served your list have you completed a 'Certificate of Service' & sent it to the court. makes it much more difficult for them to use the "we didn't get it" scenario

[HP Mum]

subbing