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Help!! Have I messed up? (Re Standard Disclosure by List)


Sirensinger
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Hi folks

 

I won a Set Aside hearing in August against HSBC on the grounds that the Judgment shouldn't have been obtained because there's no CCA in existence. The Judge ordered Standard Disclosure by List of either party to the other by 3 Oct, with inspection by 10 Oct, and statements of evidence to be adduced at final hearing to be exchanged by either party by 31 Oct. As I had already provided my bundles containing all this, I thought I didn't have to comply with this as they already had it all, and believed that I should just wait and see if the other side produced the Agreement (which they've admitted they don't have, so I thought I was in the clear). So I didn't send anything. The other side didn't either.

 

Now I'm beginning to wonder if I had it wrong, and have messed up the whole thing by not complying. I'm preparing to write and send the list and the statement anyway, though it's now really late. Can anyone tell me whether I should or not? Have I ruined my case? If there's no Agreement, I have assumed that HSBC can't do much anyway, and neither can the Court, as it's unenforceable, full stop. But I'm afraid there might be something I don't know.....

 

Many thanks

 

Sirensinger

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No you haven't ruined your case but you should and still can make disclosure of documents by completing Form N265.

 

Once the list has been completed send a copy of it over to the court and another to the opponent. When sending a copy of it to the opponent put them on notice by saying this in your covering letter:

 

Dear Sir,

 

Re (name) v (name) Case Number (Case Number)

 

Please find attached my list of documents in Form N265 in compliance with the order made (date). You will already have had sight of these documents since they are those documents disclosed and copied to you in support of my application to set aside judgment and heard on (date).

 

I note on the other hand that in breach of the order you have failed to disclose your list of documents to me which in turn has prohibited the completion and exchange of witness statements due for exchange on 31 October. Further delay on your part will not be tolerated. Please ensure you comply with your disclosure obligations by not later than 7 days from date of this letter.

 

Within 7 days of receipt of your list I will then seek copies and/or make arrangements to inspect the original documents at a place of convenience. I suggest the mutual exchange of witness statements takes place 7 days after copies have been supplied by you to me.

 

Take notice that if you should fail to provide me with a copy of your list of documents or allow further slippage in the court timetable I am likely to make an application to the court for an appropriate order without further notice to you.

 

I look forward to hearing from you by return of post.

 

y/f

 

Any queries just yell.

 

x20

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Hi, SurfaceAgent, are you still around? Or can anyone else help? This might not make a lot of sense, as I'm totally lost here, but I'm desperate for advice..... it's a bit long, sorry.

 

In my last post I mentioned that I'm late with a Standard Disclosure through believing the Judge's directions only applied to the other side (DG Sols for HSBC), as I'd supplied all my evidence but they have failed to supply the Consumer Credit Agreement. At the time I thought DG hadn't met the deadline for disclosure either, but now I've been told they've sent a load of stuff to my previous temporary address - don't know what yet, awaiting a phone call. I don't know if they did it before the deadline or not, but I guess now they'll try to use my missing it to get my Statement struck out, which is what it says on the form can happen if you miss the deadline. I don't know if there's anything I can do about this, except plead ignorance, which seems rather wet!!

 

But also, though I said at the Set Aside Hearing (which was recorded) that I had gone back to live at my original address, both DG and the Court have sent documents to the other address - and I only recently found out that the Court sent an order saying that they wanted to consolidate HSBC's case against me with my case against them, so that the directions given at the Set Aside Hearing would apply to both. It said DG Sols had to respond confirming that the two cases relate to the same credit card by 10 Oct.

 

Then they made another order varying the date for DG to respond by to 21 Nov. It didn't say anything about a change to the dates for Standard Disclosure tho.

 

I am now hopelessly confused - I have to get my pre-trial checklist in by Friday, and of course I haven't yet complied with what it asks, and am a month late anyway! I don't yey know if DG Sols have responded to the Court agreeing to the consolidation - if so, then I don't see how I can complete the Standard Disclosure or the pre-trial thingy yet, as I'll need to get my evidence together for my claim for return of charges as well as the rest. Oh, and apparently there is a date for the trial of 5th January.

 

Is there anything I can do to get more time allowed or something? I just can't get my head round all this and am still thinking I've blown it. I can't decide whether to write to the Court and explain, and ask for clarification, whether there's a form for this sort of situation or what? I don't even know how detailed the Disclosure stuff should be, is it just a simple list of what I've sent in my bundle - but if so, thaty's on my Statement anyway! Or do I have to list each letter with dates, and the same for the case law?

 

If anyone can make any sense of it I'd be so grateful for a bit more help,

 

Thanks

 

Sirensinger

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First, if ever you change address during the course of litigation you mus file at court and serve on all parties a notice of your change of address for service. This can be in simple letter form, but until you file and serve notice of the change the proper and only address at which documents may be served will be the old address.

 

So get that done first thing.

 

Secondly, you should complete your list of documents as we discussed earlier.

 

Thirdly, get hold of the stuff which was sent to your old address over the weekend and when you've got it, study it and if there are any queries ask here.

 

Fourthly, don't worry too much about the checklist right now. Get on with the suggestions above, but get on with them quickly. up date the position you are in on Monday or Tuesday next week. After that, we can consdier the position in terms of the preparation of your witness statement.

 

x20

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Hi SurfaceAgent, & many thanks for yr help.

 

I got the N265 on Wed, & returned it Fri, along with my list & the Checklist - only problem is thingsve been so fraught as I had another case on Fri plus a work deadline, I think I've forgotten to send the Opponent a copy! But will remedy this over weekend. I now have their Disclosure, will look at it tonight.

 

Just been looking at another thread where you've helped someone with a similar case to mine, where the CCA is lacking - & gleaned some v useful info for my case I think. I shall post here again in a couple of days once I know what's in the other side's Disclosure.

 

Am learning a lot about the Law, & it's been most interesting, esp your informative posts - just wish I could learn faster! I would very much like your help with my other Case, in which I was only partially successful yestserday when I thought it was cut & dried. I don't want to confuse this thread, so I will start another thread here under 'Sirensinger's other Case' - could you have a look at that one as well if you have time, please?

 

Thanks again!

 

Sirensinger

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  • 3 months later...
  • 8 months later...

Hi

I am hoping that someone/you guys can help me.

Basically to cut a long story short,my husbands ex wife, her father and a friend of theirs are trying defraud my husband of his share in their FMH.

 

When they divorced he accepted as a clean break £23,000 index linked and a charge to be put against the property. This was in 2005, she dissapeard until we tracked her down Sept 2008. Since 2006 onwards she had been renting out the property forging my husbands signature on various tennacies and this January when we found out about this,she even sent a repossesion notice to the then tennants telling them that her and my husband are seeking repossesion because THEY wanted to move back to the property!

 

Anyway,in February when our solictor was going through the motions in the matrimonial court asking why she had been renting out the property etc,suddenly her father sent a copy of an order from 2007, claiming this was from the loan company that lent my husband £10,000 back in 1988 and the interest totaled to, not surprisingly £20,000.

My husband never took any loan out!

After contacting the court we found out the name of the claimant...My husbands ex wifes fathers best friend!!!

 

We also found out that myhusbands ex wife had also taken out a claim against my husband 3 weeks prior to this good friend of theirs posing as this alleged loan company at a county court for £3000! Acting supposedly as her daughters litagation friend,claiming when she moved back to her mothers after living with us for a while that we kept her stuff!

We have witnesses etc that the items were returned and they certainly did not add up to £3000 in anycase.

 

They have claimed so many false things and produced forged agreements which has cost us an arm and a leg to hire the services of a qualified handwriting expert, who has confirmed my husbands alleged signatures to have been forged on the the alleged loan agreement and a mortgage agreement as well as a form submitted to Nationwide???

 

I am acting as Mkenzie friend for my husband in both cases (as we can only get part legal aid for matrimonial matters not litigation),in June we got the charging order for £20,000 set aside. Since then the claimant took this back to the high court to try and get the order we gained setting his claim and charging order aside , overturned. Thankfully we were able to convince the judge to send the case to trial.

 

The £3000 that she took out and just like the high court claim for £20,000 was gained by default (as both claims were deliberately sent to the wrong address, so of course we knew nothing of the cases and were unable to defend the claims) of course we have appealed this also and we are due in court in Dec.

 

 

Basically I have no concern in winning this case, but I want to make sure that we comply to the courts order. Yesterday we recieved a letter from the other party offering my husband £5000 and to pay all the court fees so far. Yup,the claimant is offering my husband to accept £5000 and to drop the case! Hell will freeze over before this happens.....

 

The court order for the high court case states the list of documents to be exchanged by 27th Nov,which is fine I can do that. But it goes onto say a later date for the documents to be inspected! Now there is no way we want this guy around our house, nor can we travel to him, he lives in Cornwall, nearly 300 miles from us. So I am wondering if this means simply exchanging the documents we will be adding to the list N65 form?

 

 

Regarding the £3000 claim,a I have mentioned we are due in court in Dec about this,the court requested a list of items from my husbands ex wife. I have contacted and gained written confirmation that the bulk of the toys etc thathave been listed were not produced until 2008. 2 years after my husbands daughter moved back to her mothers, also....That the original claim form was infact my husbands ex wifes fathers writing,and the signature on the application isnt even his ex wifes,but oddly enough....the date next to the forged signature is the writing of her fathers..

 

Infact for all the forged documents for both court cases,he has dated all of them....

 

The police are involved by the way,but as these cases are going through the civil courts they are reluctant to do anything until afterwards!!!

 

Anyway,the £3000 claim, I am concerned even though we can provide evidence just as the high court of forgey and fraud etc that the judge still believes that this case is about a little girl not getting her things back. Utter rubbish,she had all her things back, this case is her mother and her grandfather using her to defraud my husband of £3000.

So any advice regarding the approach to take in this case would be very very helpful

 

I really also need some advice on court procedures,in the county court and in the high court as I will be allowed to cross examine the claimant and his so called witnesses etc. But when do I do this? The case is set for 4-5 days, does the claimant put forward his alleged case for the first 2 days and us secondly, or will we litterally be able each time he lies,we can speak up and provide evidence proving he and his supposed witnesses are complete and utter liars?

Also am I allowed to object when they are lieing?

 

Any advice on any of the above, I really would appreciate. Basically this is a case of my husbands ex wife,herfather and their friend between them ensuring they gain my husbands £23,000 share in the FMH by taking out two claims,one for £20,000 and another for £3000 within 3 weeks of each other.

 

Seriously any helpyou guys can give me will be appreciated

 

Many thanks

Kendrabrit

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  • 8 years later...

HELP i HAVE DONE A DISCLOSURE LIST WITHOUT FILLING IN THE N265 FORM. NOW THE OTHER SIDE ARE SAYING I HAVENT ADHERED TO THE JUDGES RULING. CAN MY CASE BE THROWN OUT. CAN THEY ASK FOR MY EVIDENCE TO BE STRUCK OUT OR EVEN STIKE OUT ALL THE CASE. THE OTHER SIDE ARE STILL REQUESTING THE DOCUMENTS. WHAT IMPACT CAN ALL THIS HAVE ON MY CASE.

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