Help with preparing a court bundle?

[themightyshanks]

Hi

 

Although I am still waiting on a court date, I am trying to prepare early, but as a complete novice at anything court related (almost - ahem...), I'm having trouble wading through tons of pdfs and web pages..

 

I read jonni2bad's bundle

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/3962-jonni2bad-halifax-off-court-6.html

 

It looks great, and I imagine pretty scary for the bank (almost as if I know what I'm doing), but I'm not sure which bits relate to credit cards alone, and don't apply to current account charges.

 

Also, Which particular sections of the various acts are most relevant. Anyone know any paragraph numbers etc?

 

I'm not just being lazy here (honest), but these legal documents can be pretty brain melting stuff. And I'm a rocket scientist.

[themightyshanks]

Nice one, cheers for that.. Lets hope I get better marks than I did in school!

 

I was thinking of writing a letter to Barclays asking them to justify the charges, and requesting a breakdown of where 35 quid goes. Generally just badger them about a bit. I'd like to present their non-commital reply to a judge. Is this ok at this stage ie waiting for a court date?

[jonni2bad]

Some links here....

 

2. Authorities

 

 

...........Description .................................................. .............No. of pages

(AA) -- Copy of bank statements supplied by HBOS following (A) - 91

(BB) -- Copy of spreadsheet supplied with claim detailing specific dates

and amounts as requested for refund - 1

(CC) -- Data Protection Act (1998.) - 53

(DD) -- Data Protection Act (1998.) Schedules - 53

(EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(FF) -- The Supply of Goods and Services Act (1982) - 13

(GG) -- Unfair Contract Terms Act (1977) - 9

(HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( II) -- House of Commons Early Day Motion (EDM 2227) - 1

(JJ) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

[mollyhannah]

Hi i am getting so confused with all this. Do i need to print off every page that you have listed above and also the cases listed at the bottom.

Thank you

[lisamellor]

hi mollyhannah,

 

i had to laugh at the post, i am currently doing my court bundle also! and i feel the same way.... god there is loads aint there! and totally confusing!

 

but if it helps, i have been told that you need it all! and yes there is loads. and dont forget you also need a court bundle for the judge and the banks solicitors! so make sure you have loads and loads of paper and ink!

 

best of luck to us both eh!

 

lisaxx

[hellsbellz]

Do I just print these straight off the websites? Then when I'm putting them together what do I need to do? I am very confuzled! Also...is House of Commons transparency in charging relevant to current accounts? Please somebody help me!

I speak whilst buried under a pile of paperwork!

[hellsbellz]

Thanks Karne. I can't open Bookworms link on my work computer though...reason is coming up as: Banned extension: .zip

Don't know if any way round that?

[pjdavies2000]

If you are on a work computer, they sometimes block zip files as they could be carrying virus's in them.

 

If you're not on a work pc, then just google winzip and download the latest version and that should do it!

 

Peter

[hellsbellz]

Thanks Peter! I will track down a friend with tinternet access and do just that!

[masally]

Please help i am about to put my claim in because Abbey have told me the charges are fair and in line with other banks/building soc. I am trying to get my head around the court bundle and the daily interest. Do I use the whole figure Abbey owes me which is 3245.00 with the date my first charge was taken in 2000. I calulated the 8% interest on the spread sheet on the web site last week to I need to do it again this week to get a more recent figure. I am feeling a bit nervous but also annoyed due to abbeys response, please help so as i do not make any mistakes. My 2 wk deadline was yesterday i want to file claim by friday. Is it okay to just use transcipts of Mcnamara radio interview and also the Money program. Look forward to hearing from someone.

[natwesttookmymoney]

Please help i am about to put my claim in because Abbey have told me the charges are fair and in line with other banks/building soc. I am trying to get my head around the court bundle and the daily interest. Do I use the whole figure Abbey owes me which is 3245.00 with the date my first charge was taken in 2000. I calulated the 8% interest on the spread sheet on the web site last week to I need to do it again this week to get a more recent figure. I am feeling a bit nervous but also annoyed due to abbeys response, please help so as i do not make any mistakes. My 2 wk deadline was yesterday i want to file claim by friday. Is it okay to just use transcipts of Mcnamara radio interview and also the Money program. Look forward to hearing from someone.

 

Hi, masally

 

Don't know if anyone else has answered you already but here goes anyway!

 

You're getting somewhat ahead of yourself and worrying unduly.

 

The court bundle doesn't come into play for a long time yet (if ever): you have plenty of time to get your head around it. Don't bother with the McNamara interview at this time: you're only looking to file a claim.

 

Take the time to read the FAQs and the step-by-step guide and you'll find your questions largely answered. But:

 

you should enter each item on your spreadsheet individually, with date and details. The interest will be automatically calculated up to what ever date you have put in your 'date of claim' cell. To get a more recent figure, simply enter a more recent date: it will do it all.

 

Why not start your own thread, where you can put everything down? You'll attract a group of people who will be willing to help you - and to learn from you as you go along.

 

Best wishes

 

Westy

[titiconnection]

.....

[tim goodman]

goto templates library for the letter befor action, read threads for woolwich & barclays ( my claim is woolwich but follows exactly barclays proceedure). The Welshmans thread is good as are sooooo many more. yes definately send another letter to show how reasonably you are acting throughout but give them just 14 more days before you proceed "without further notice"

[tim goodman]

sorry, mine must be how do i put my reply to titi in the right one?

[nicholamiller1986]

hi, im just reading your posts and just wondering how it all went cos im kinda in the same situation i have 3 days left till ive to put my claim in against barclays but really dont know how to go about it, could you give me advise on how you went please

 

cheers nic

[natwesttookmymoney]

Hi, Nichola

 

If you're only just at the stage of filing your claim, don't get ahead of yourself. The court hearing - if there ever turns out to be a court hearing - is months away and you won't need the bundle till two or three weeks before.

 

Focus on getting your N1 and particulars of claim right. That's the priority now. By the time you've filed our allocation questionnaire, your confidence will have risen enormously.

 

One step at a time.

 

And one of those steps should be to start your own thread, where you'll be able to keep all your concerns in an easily-accessible place!

 

Best wishes

 

Westy

[Andys Mum]

Hi Westy,

I see you've recently done your AQ. I'm not sure how much info is needed. Can you help please?

Andys Mum

[jonni2bad]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[natwesttookmymoney]

Hi, Andy's MUm

 

Sorry - I haven't got this notification of posting till just now.

 

The best guide to filling out the AQ is here(http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html)

 

 

Come back if you have any problems with it.

 

Best

 

Westty

[natwesttookmymoney]

Oh, b*gg*r. the link isn't working.

 

Go to the bank templates library. Scroll down the page below the Announcements. Scroll past the steps 1 to 6 block: you'll see another fat horizontal divider. the allocation questionnaire guide is the first thread below that divider.

 

W

[carter56]

just adding to my watch list for when i reach this stage good luck i will be following you

linda

[snootycow]

do i need to send a covering letter with court bundle?

[veb13274]

hi mollyhannah,

 

i had to laugh at the post, i am currently doing my court bundle also! and i feel the same way.... god there is loads aint there! and totally confusing!

 

but if it helps, i have been told that you need it all! and yes there is loads. and dont forget you also need a court bundle for the judge and the banks solicitors! so make sure you have loads and loads of paper and ink!

 

best of luck to us both eh!

 

lisaxx

Hi Lisa

Well I am getting my Lloydstsb bundle ready. Can I include media print offs and anything else from the bank folder etc to do with charges? Do I need to highlight in the various laws etc sections I will be referring to just on my copy or on the solicitors and judges also?

Thanks

veb

[natwesttookmymoney]

So long as you copy everything twice - once for the Court and once for the Defence - I see no reason why you shouldn't include as much as you wish.

 

I would suggest that it's relevant, though. Recipes and photos of Tom Cruise's wedding probably won't cut much ice.

 

Westy

[veb13274]

Thanks so much. Wish me luck! All the best to you too.