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. N265 now?

[Sirensinger]

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

[surfaceagentx20]

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

[Sirensinger]

SurfaceAgent thank you so much! Your concise reply and template are much appreciated, was sitting here wondering how to go from here, well now I know!

 

Sirensinger

[Sirensinger]

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

[surfaceagentx20]

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

[Sirensinger]

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

[REST ON A SUNDAY]

any update ?

[Alex Scott]

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.

[honeybee13]

Hello and welcome to CAG.

 

You need to start a new thread of your own please, this one goes back to 2009.

 

Best, HB

[honeybee13]

As our newbie has a thread now, I'll close this one.

 

HB