1st credit and Lloyds TSB Platinum credit card

[hunterandthehunted]

i have decided to go for a strike out on the grounds that **** have not complied with any of the directions order which should have been filed to all parties by the 13 november 2009 and in not doing so are preventing me from preparing a defence.

[cymruambyth]

Good luck; they have until early December with me, so I'll be following both your and their arguments with interest.

[hunterandthehunted]

it looks like there is a fee useing n244 application form but i cannot seem to

find information on it. whats more has this got to be paid immediatly or does

it get added to scums bill once i have won

[cymruambyth]

£75 goes with the application.

[hunterandthehunted]

thanks for that,

a lot of money for me to part with, so before committing to a strike out application i need to establish whether the application by **** to have part of the order set aside whether they are obliged to comply with the other conditions of the order or does the process start again.

forgive me for keep asking this question but i dont want to apply for the sake of it.

I Notice That **** Only Paid £40 For Their Application To Set Aside Default Notice

is this ok for the order i am seeking

I WISH TO APPLY THAT THIS CASE BE STRUCK OUT AS THE CLAIMANT HAS FAILED TO COMPLY WITH THE DIRECTIONS MADE BY DISTRICT JUDGE ************ ON THE 26TH OCTOBER.

and is this ok for the evidence

1/ ON THE 26TH OCTOBER 2009 DISTRICT JUDGE ********* MADE AN ORDER ALLOCATING THIS CLAIM TO FAST TRACK.

2/ WITHIN THIS ORDER IT WAS ORDERED THAT THE PARTIES GIVE STANDARD DISCLOSURE TO ALL PARTIES BY SERVING COPIES WITH A DISCLOSURE STATEMENT BY 4PM ON 13 NOVEMBER 2009.

3/ WITHIN THIS ORDER AT 2 (A) IT IS ORDERED THAT THE CLAIMANT DISCLOSES COPIES OF THE CREDIT AGREEMENT ALONG WITH ANY DOCUMENTS REFERRED TO WITHIN IT.

4/ WITHIN THIS ORDER AT 2 © IT IS ORDERED THAT THE CLAIMANT DISCLOSES STATEMENTS DATED FROM JUNE 2002 TO NOVEMBER 2006.

5/ THE CLAIMANT HAS APPLIED FOR SET ASIDE ON SECTION 2 (B)

6/IT IS BELIEVED THAT THE CLAIMANT IS MERELY TRYING TO FRUSTRATE THE DEFENDANT AND TO HOLD UP PROCEEDINGS.

[Craftygirl42]

Again looks similar to mine, but as Andyorch states, I cant apply for a strikeout as the DJ has amended the order. I am writing to state that I| object.

 

Ring the court to find out how much a strike out will cost you.

[hunterandthehunted]

yes i saw that but in my case the application to set aside part of the order is going to be a telephone hearing in feb next year.

thanks for your input

[the_shadow]

Ring the court to confirm but I think an application without hearing is £40 and an application with hearing £75

S.

[hunterandthehunted]

what's this bit on the n244 form?

4. Have you attached a draft of the order you are applying for? Yes No

[the_shadow]

If you were asking for the court to issue an order say for disclosure you would attach a draft for the court to use.

You dont need a draft.

S.

[hunterandthehunted]

ta shadow,

while you are about could you have a quick look at post 344 and see whether

it will be sufficiant as i dont know what legal jargon to use

[the_shadow]

Ok, I've just read back through and noticed its not an "unless order"... You should be warned that IMHO there are three possible outcomes to an application for strike out...

1) The judge dismisses the application

2) The judge issues an "unless order" giving them more time to produce

3) The judge strikes it out.

Quote

I respectfully ask the court to strike out this claim due to non-compliance with the court order dated xx/xx/xxxx by district judge xxxxxxxxxxxx.

IMO You need to state clearly which bits have not been complied with, eg.

Quote

3/ Within this order at 2(a) it is ordered that the claimant discloses copies of the credit agreement along with any documents referred to within it. As of the date of this application and outside of the date of disclosure ordered by the court in the aforementioned court order the claimant has failed to comply with this section, the terms and conditions for the agreement which are clearly referred to in the agreement have not been sent. (or whatever bits are missing)

4/ within this order at 2© it is ordered that the claimant discloses statements dated from June 2002 to Novemeber 2006. As of the date of this application and outside of the date of disclosure ordered by the court in the aforementioned court order no copies of statements have been received.

S.

[hunterandthehunted]

that reads better,

should i leave this bit out?

 

5/ THE CLAIMANT HAS APPLIED FOR SET ASIDE ON SECTION 2 (B)

6/IT IS BELIEVED THAT THE CLAIMANT IS MERELY TRYING TO FRUSTRATE THE DEFENDANT AND TO HOLD UP PROCEEDINGS.

[the_shadow]

Nope, imo both statements are important and valid points

 

S.

[Craftygirl42]

Glad you are getting help Hunter, Andyorch is helping me and it makes it all a bit easier to cope with

[hunterandthehunted]

yes it does, i am going to get the strike out application filed soon but am still wondering whether or not i have to get a WS in as per original directions or do i wait until the application by **** to set aside has been heard.

argh just had i thought,

could i include this on the application....

it is respectfully requested that The Directions of the Order dated 27th October 2009 be put on hold pending the outcome of this application and also the outcome of the claimants application to set aside dated ******, the hearing being in feb 2010.

[the_shadow]

An application for strikeout should as far as I understand it stop all normal processing on court... as mentioned earlier the trouble is the timescales are so tight.

 

Might be worth contacting the court and advising you will seek a strike out and ask if you have to comply with the witness statement prior to the application being heard/put before a judge?

 

The judge on seeing your application and their's for set aside may decide to look at the two things together, it could mean a re-issue of disclosure instructions minus the section the claimant are moaning about but including an "unless order" for the bits you want..

 

S.

[Craftygirl42]

Hunter, I have found the court to be quite helpful in assisting. I rang 3 times yesterday, nearly on first name terms

[hunterandthehunted]

ok thats the application to have the case struck out sorted out, thanks for that shadow.

 

now i need to make a start on the WS, I have had a good look at some

examples on the site but none really correspond to may case and i dont

really now where to start.

some advice would be most welcome...

 

no joy on that one then....

 

can someone explain the difference between a witness statement and a full defense and also what form its submitted on. i have 6 days left to

have this ready as my contingency plan

[citizenB]

A witness statement is a "beefed" up defence.

Foolish Girl has posted some information to help another CAGer, in the following link.

I have copied over some information for you as well. If you read from post 120 onwards, things will make sense and give you some idea of what you need.

http://www.consumeractiongroup.co.uk/forum/legal-issues/210585-claim-struck-out-can-12.html#post2583068

Quote

1. Re. your defence Clynite, IMO it needs the first para altering to:

'I, xxxx, am a Litigant in Person and make the following defence to reinstatement of this claim by xxxx for the following reasons:'

2. Re. your WS Clynite, I've included notes supplied by pt that you might find helpful & in the following post suggestions for your WS. I don't know all the facts, dates etc. so please amend to suit you.

3. Don't forget to end both your defence & WS with statement of truth or they may not be admitted by the court.

4. Each Exhibit has to be numbered & a separate sheet of paper attached thus:

Defendant

Number: [1st] [2nd]

Exhibits: [“DEF1”]

Date:

IN THE XXX COUNTY COURT

Claim No:

BETWEEN

[________]

Claimant

and

[________]

Defendant

EXHIBIT “DEF1”

This is the exhibit marked “DEF1” referred to in the witness statement of Clynite dated

------------------------------------------------------------------------ 

Guidance Notes on Witness Statements

The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public and, at any other hearing, by their evidence in writing.

CPR r.32 and CPR PD 32 set out the formal requirements for written evidence, including witness statements. These are summarised below.

Format of the witness statement

The top right hand corner of the first page should contain:

·The party on whose behalf the statement is made;

·The initials and surname of the witness;

·The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

·The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

·The date the statement was made.

The witness statement should be headed with the title of the proceedings.

The witness statement should:

·Be produced on good quality A4 paper with a 3.5cm margin;

·Be fully legible and should normally be typed on one side of the paper only;

·Be bound securely in a manner which would not hamper filing;

·Have consecutively numbered pages;

·Be divided into numbered paragraphs;

·Have all numbers, including dates, expressed in figures; and

·Give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement, for example [at page14 “ABC1”]

It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with. Each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.

Content of the witness statement

·The witness statement must, if practicable, be in the witness’s own words and should be expressed in the first person;

·The first paragraph generally sets out the “who, what and why” of the statement maker:

oWho the witness is – name, residential address (or business address if he is making the statement in a business or professional capacity, together with the position held and the name of his firm or employer)

oWhat the witness’s connection with the proceedings is

oWhy the witness is making the statement;

·Witness statements should deal with facts known to the witness. To demonstrate that this is the case, words such as: “Save where I indicate to the contrary, the matters set out in this witness statement are known to me personally.” Where a fact is not within the direct knowledge of the witness, it can be included but should be preceded by, for example “I am informed by [ ] and believe that ...”.It is important to state the source of any matters or information or belief;

·Witness statements in support of or in opposition to an interim application should contain only facts relevant to that application;

·Witness statements of lay witnesses should not contain legal argument. If it is necessary to refer to the legal position, a phrase such as “I am informed by my solicitor and believe that ...” maybe used;

·Witness statements must contain a statement that the witness believes the facts in it are true;

·Witness statements should be signed and dated.

Please see outline precedent witness statement below.

Exhibits

Documents referred to in a witness statement should be produced to and verified by the witness and remain separate from the witness statement.

Copies of individual letters should be collected together and exhibited in a bundle or bundles. They should be arranged in chronological order with the earliest at the top.

Each exhibit should have a front page attached identifying its exhibit number and details of the statement to which it is exhibited.

The top right hand corner of the exhibit sheet should contain:

·The party on whose behalf the statement is made;

·The initials and surname of the witness;

·The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

·The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

·The date the statement was made.

The exhibit sheet should be headed with the title of the proceedings. A centre-heading should state the exhibit number.

 

[hunterandthehunted]

thankyou citizen,

will have a good read through and will eventually post something up for further advice and editing etc...

 

deleted

[citizenB]

agghhh where did it go ??

[hunterandthehunted]

witness statement taken down for re-construction

Edited November 22, 2009 by hunterandthehunted

[citizenB]

This should be how the start of your WS looks like.. Then continue from your number 2

 

 

I, Hunter and Hunted of.. CAG Forums will state as follows:

1. I make this witness statement in support of my application to have the case submitted by Lloyds TSB bank plc, struck out for failing to comply with the order made by District Judge NAME on DATE

 

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

3. There is now produced and shown to me a bundle of documents marked "H&H" The exhibit HH1 contains copies of the documents to which I will refer in this witness statement. Their related document number can be found at the bottom right hand of each page.

[citizenB]

5. On the 17th may 2009 I sent the claimant a subject access request for transactions and charges and on the 29th june 2009 received statements for the period covering july 2003 to july 2004. (See Exhibit H&H??)

 

You need to attach copies of these letters giving each an Exhibit number as shown in the example above.

Other than that, you are on the right track