County court claim help please

[fedupwithdebt2009]

Yes your right, just imagine if they sent that to a non-CAGer!! I for one would not have a clue what it meant and would be intimidated into backing down and agreeing with their offer to settle!!

 

I may even write back saying thats fine, hit me with your "protracted Litigation"......Cos I just bought a new protractor so I should be fine!!!!!

[Spamalot]

Yes your right, just imagine if they sent that to a non-CAGer!! I for one would not have a clue what it meant and would be intimidated into backing down and agreeing with their offer to settle!!

 

I may even write back saying thats fine, hit me with your "protracted Litigation"......Cos I just bought a new protractor so I should be fine!!!!!

 

Priceless

 

 

:lol:

[fedupwithdebt2009]

Ok just wanted to update......Have taken our 2 ring binders full of disclosure doc's into court today. Wrote in big black letters on front of foulder so no mistake which case it is.. The women was very impressed, she said its alot better than we normally get....she said they normally whop a plastic bag on the counter with some papers in it so hopefully done a good job. It's taken me ages....

 

I showed her the N265 with all details off doc's on it and she said it was correct and stamped it, so then trudged off to post the same to Mortimer Clarkes, cost me a fiver (for special delivery before 1 tomoz) but hey........wish I could be a fly on the wall when they get that package!!!!!!!!

 

Have made no mention of their settlement offer, so unless they come up with something good then I am keeping my protractor in a safe place ready for the fight!!!!!!!

 

Now need to work on witness statement........

 

fedup

[Craftygirl42]

FedupwithDebt, can I just ask a question. I am in court in a few weeks and have to prepare a witness statement. I am going though the Small Claims, I was just wondering if the court ordered the disclosure, I have only been told to send copies of all document I rely on and a witness statement.

 

Does this mean I have to do a disclosure, or is that something else

[Craftygirl42]

Just had a look back over your thread and think I have found my answer. The court actually ordered disclosure and its Fast Track, so probably different.

 

If anyone has any comments, please do so as I dont want to get my case wrong.

[I've got no money]

Ok just wanted to update......Have taken our 2 ring binders full of disclosure doc's into court today. Wrote in big black letters on front of foulder so no mistake which case it is.. The women was very impressed, she said its alot better than we normally get....she said they normally whop a plastic bag on the counter with some papers in it so hopefully done a good job. It's taken me ages....

 

I showed her the N265 with all details off doc's on it and she said it was correct and stamped it, so then trudged off to post the same to Mortimer Clarkes, cost me a fiver (for special delivery before 1 tomoz) but hey........wish I could be a fly on the wall when they get that package!!!!!!!!

 

Have made no mention of their settlement offer, so unless they come up with something good then I am keeping my protractor in a safe place ready for the fight!!!!!!!

 

Now need to work on witness statement........

 

fedup

 

 

Don't forget - keep a record of everything you spend - for an LIP - postage is recoverable if you win as is the cost of photocopying and also your time...

[fedupwithdebt2009]

Don't forget - keep a record of everything you spend - for an LIP - postage is recoverable if you win as is the cost of photocopying and also your time...

 

Ok thanks .....so that all adds up to about ...erm.....£7500!!!!.....ooohhhh wait a minute, we might be quits here!!!!!

[fedupwithdebt2009]

FedupwithDebt, can I just ask a question. I am in court in a few weeks and have to prepare a witness statement. I am going though the Small Claims, I was just wondering if the court ordered the disclosure, I have only been told to send copies of all document I rely on and a witness statement.

 

Does this mean I have to do a disclosure, or is that something else

 

 

Hi there, yes the judge ordered disclosure of all documents we wish to rely on, and a disclosure list to be submitted. It was also allocated to fast track , as per cos its over £5K. Disclosure IS all the doc's you are going to rely on, like statements, and letters and stuff. I copied all mine, and asked court if copies were ok, and they said Yes. I am not letting the originals out my sight!!! The witness statement is basically what you believe to be true ie.....I at no time was XXX amount overdrawn, as claimed. I have one to do soon too......

 

What did it say in the order the judge made?? Did it state Disclosure of ALL doc's or did it just say a LIST of disclosure....thats what I got mixed up with.

 

Fedup

[Craftygirl42]

Hi Fed up

 

Mine is small claims, Judge didnt order any disclosure, just said we needed to do witness statements and copy any documents we rely on in court.

 

Still in a muddle about what documentation they should provide for an overdraft

[fedupwithdebt2009]

Yes well they could start with the statements from said bank account actually SHOWING the "alledged" overdraft and, if the account is closed, how much was outstanding when it was closed......mine was 3p in credit

and their claiming £7600 :eek:

 

Sooo glad I keep statements, even from 12 years ago...

[Craftygirl42]

My judge refused to order them to supply the statements. Having said that the Order he did make wasnt worth the paper it was printed on. They didnt supply the things ordered and its now gone for a hearing

[fedupwithdebt2009]

Thats exactly what I mean....if the judge wont order them to produce statements how the **** can you defend the claim properly, methinks they dont want us to so its easier for the courts to deal with, I mean, how dare we mear mortals question a solicitor or even a judge...who do we think we are??? :mad:

[I've got no money]

Hi Fed up

 

Mine is small claims, Judge didnt order any disclosure, just said we needed to do witness statements and copy any documents we rely on in court.

 

Still in a muddle about what documentation they should provide for an overdraft

 

Unfortunately that is the problem with small claims track cases

[fedupwithdebt2009]

Hi IGNM, what would you do if you were me and they just dont disclose anything, would you send a letter to the court manager or pay to file the N244?

 

fedup

[I've got no money]

Can I just check - they haven't complied with disclosure yet is that right.

 

In that case BEFORE I made any applications I would write to them and tell them that they were in breach of the Order and then give them 7 days to comply. I would also tell them that if they don't comply that I am going to apply for an Order requiring compliance and for costs.

 

If you've done all that I personally would then apply on an N244 for an Order. I would attach copies of my letter to them to the application and ask for an Order that unless they comply within 14 days that the claim is struck out and an order for my costs

[fedupwithdebt2009]

Ok thankyou for that....Its last day for disclosure tomorrow at 4pm. They will have got mine today before 1.....will see what tomorrow brings, nothing I suspect!!!!

 

 

 

 

P.S...how would you word such a letter IGNM?

Edited May 6, 2009 by fedupwithdebt2009
mistakes mistakes mistakes tut

[fedupwithdebt2009]

Well its nearly one o clock...special delivery time, I'm waiting MC.....tick tock

[Craftygirl42]

I doubt they would send Special Delivery. Its so annoying that we bend over backwards to comply and they just dont bother

[fedupwithdebt2009]

Hi craftygirl.....they did not bother sending anything at all....I'm not surprised really. I never expected them to, shows they dont have anything. Letter being sorted as per INGM advice and wait to see their next move....

[fedupwithdebt2009]

Well, had nice letter today from MCS saying thanx for your disclosure doc's, and wheres the tomlin order we sent you, kindly sign it and send it back by return.

 

No mention of their disclosure doc's...........now I'm getting fed up!!!

[Craftygirl42]

Thats a real cheek Fed up - Them assuming you are going to sign it. I would send them a letter telling them in no uncertain terms that you wont accept their KIND offer

[fedupwithdebt2009]

Hi crafty.....

 

Yes well if I DID owe them it I would be more than happy to sign it to avoid court...... I think they expected us to not want to go to court but I actually DO now....they should know from our dis doc's () that we have a good case....and that signing ANYTHING they send would amount to us admitting we DID owe them something...which we DONT .........I'm not that daft MC!!!!!

 

Tomlins are ok if its a debt you admit and want to sort out without the need to appear in court,but the 6 month clause is the real killer cos after the initial softly soflty nice low payment time has passed they will go for the jugular and increase payments to some stupidly unaffordable amount, then its off back to court for the undefendable CCJ against you.....naughty Claiments we've twigged what your up to....

[Spamalot]

Hi crafty.....

 

Yes well if I DID owe them it I would be more than happy to sign it to avoid court...... I think they expected us to not want to go to court but I actually DO now....they should know from our dis doc's () that we have a good case....and that signing ANYTHING they send would amount to us admitting we DID owe them something...which we DONT .........I'm not that daft MC!!!!!

 

Tomlins are ok if its a debt you admit and want to sort out without the need to appear in court,but the 6 month clause is the real killer cos after the initial softly soflty nice low payment time has passed they will go for the jugular and increase payments to some stupidly unaffordable amount, then its off back to court for the undefendable CCJ against you.....naughty Claiments we've twigged what your up to....

 

I like your style fedup:wink:

 

MC do have a habit of only hearing what they want to hear and doing what they want to do. They are like petulant children and should be treated as such.

I believe that they think that just because we mismanaged our money at some point we are all stupid and they can walk all over us....but they have a surprise coming to them in the form of a small, but determined, army of disgruntled consumers....

Whatever the result, it will be fun taking their dummies away..:eek:

[fedupwithdebt2009]

Thanks spam

[Craftygirl42]

Fed up - Hows it going. Have you heard anything from them.