Jump to content

 

BankFodder BankFodder


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2031 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

You mustn't "assume" anything where Judges are concerned !!

 

If you have cited case law // regulations - I think you need to include copies.

 

The Bar Council have produced a Guide specifically for LiPs - I have attached it below for you :)

 

There is a summary of the guide in this link.... http://www.consumeractiongroup.co.uk/forum/content.php?976-New-Free-Guide-for-Litigants-in-Person

x

 

Thanks very much, i will give this a good read over the weekend whilst compiling my 'bundle'.

 

Has anyone experience of actually going into court for a small claim...i imagine it to be a lot less formal than actually standing in a dock...maybe not?

Edited by citizenB
restored quote box

Share this post


Link to post
Share on other sites

I have sent you a private message :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Dont forget to serve a Bundle index on the defendant and seek their agreement.

 

 

SCT hearing/trials are more like sitting around a table in the library...you have been watching too much TV :madgrin:

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Here you go.. guide to preparing a Witness statement.

 

Guidance Notes for WS.pdf


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Thanks to all for the input so far.

 

I have a draft 'bundle' with site admin now so things are progressing well. I have until the week before Xmas to submit this to VF / Defendant ahead of a Court date on 3rd Jan 14 :smile:

 

I will keep everyone posted...

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

Andy has you on his list, Shane :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Bundle is fine Shane...very concise ...dont forget to serve and agree the bundle index with the defendant.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Bundle is fine Shane...very concise ...dont forget to serve and agree the bundle index with the defendant.

 

Regards

 

Andy

 

Hi Andy

 

Apologies i have only just realised you had reviewed the bundle and commented here. Just to be clear on the next steps going on your comment above...all i have to do is by the 19th December serves a copy of the 'bundle' to the Defendant and the Courts to satisfy my end of the bargain or so i have to do this AND wait for the Defendant to respond / agree to its content (surely that defeats the point?)

 

Pleased my bundle looks good, hopefully it is taken in that light by the Court and on 3rd Jan this whole 3 year episode comes to some sort of conclusion.

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

You serve a copy of the bundle index for approval with the claimant and visa versa...not the court...it is expected that both parties have agreed contents before trial.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
You serve a copy of the bundle index for approval with the claimant and visa versa...not the court...it is expected that both parties have agreed contents before trial.

 

Regards

 

Andy

 

OK, so literally the contents page and none of the detail behind as it is now? Odd because in the Trial Notice it says 'each party shall deliver to every other party and to the court office copies of all documents (including any experts report and witness statements) on which he intends to rely on at the hearing no later than 14 days before the hearing'

 

My interpretation (rightly or wrongly) of that statement was that i needed to issue the Court and VF a copy of my full bundle by the middle of december (a little earlier than required to avoid any xmas cock-ups)

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites
OK, so literally the contents page and none of the detail behind as it is now? Yes Odd because in the Trial Notice it says 'each party shall deliver to every other party and to the court office copies of all documents (including any experts report and witness statements) on which he intends to rely on at the hearing no later than 14 days before the hearing' Correct thats your bundle

 

My interpretation (rightly or wrongly) of that statement was that i needed to issue the Court and VF a copy of my full bundle by the middle of december (a little earlier than required to avoid any xmas cock-ups) Correct Im only referring to your index and agreemet between parties of the bundle contents.

 

Cheers

 

Shane

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Andy

 

Noted - i will issue the content page only tomorrow with my full bundle to both defendant and court towards the middle of december (a couple of days in advance of the 14 day before trail time limit).

 

I will of course keep everyone updated...squeeky bum time now really - just the judge to convince i have a decent claim...

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

Hi all

 

My 'Contents' page from the 'Bundle' has been issued to the Defendant by email and recorded post today.

 

I plan on issuing the full bundle with all attachments / exhibits to them on Monday 16th December. This is some 4 days before the 2 week before trial deadline.

 

I'll keep you all updated if there are any new developments.

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

Hi all

 

Submitted the bundle to VF solicitors and had an email back from their 'legal manager' stating that as my claim is allocated to the Small Claims Track there is no requirement for the parties to agree the bundle contents. Is this correct?

 

They also confirmed they would issue their bundle within the 14 days before the trial date.

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

That is correct Shane apologies forgot you were SCT.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

No problem Andy, i'm sure VF / Riverview knew what the contents of my bundle would roughly be anyway...after all they've seen my original POC.

 

I am issuing the full bundle to both the Courts and Riverview on Wednesday, to be delivered Thursday which is 1 day before the 2 week pre-hearing deadline. I assume they (Riverview) will employ a similar tactic...

 

Either way it'll be interesting to review their submission to see what the basis of their defence is :|

 

I will keep you all informed.

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

Hi all

 

So two weeks away from the hearing date and my bundle is with Riverview Solicitors and Oxford County Court.

 

Guess what though...no bundle received from VF or Riverview. Does this omission on their part have any ramifications? Do I need to inform the Court of their failure? Does this mean any 'evidence' they submit now will not be admissible?

 

Any advise on this would be greatly appreciated.

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

I imagine they'll be givta few days leeway to account for the post at this time of year. I'd just wait.

Share this post


Link to post
Share on other sites

What does it state within the Notice of Allocation shane ? pre 14 days?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
What does it state within the Notice of Allocation shane ? pre 14 days?

 

Andy

 

It says all parties to submit documents they intend to rely on in court no later than 14 days before hearing, today's post was the last opportunity to meet that deadline.

 

Not accepting post as the reason for delay...I paid £17 quid to get my bundle to VF and the court on time.

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

Well, it doesn't really matter if you accept it to be honest. I agree with Ganymede, wait a few more days. If nothing then contact the solicitors. If you need to you can apply to adjourn the hearing but it'll be better for you if you've tried to resolve the issue with the Claimant beforehand.

Share this post


Link to post
Share on other sites
Well, it doesn't really matter if you accept it to be honest. I agree with Ganymede, wait a few more days. If nothing then contact the solicitors. If you need to you can apply to adjourn the hearing but it'll be better for you if you've tried to resolve the issue with the Claimant beforehand.

 

You are right it doesn't matter a dicky bird what I accept and don't accept however when a court sets a deadline said deadline ought to be met...it's common courtesy if nothing else.

 

I'll be asking the question of the court on Monday

Share this post


Link to post
Share on other sites
Well, it doesn't really matter if you accept it to be honest. I agree with Ganymede, wait a few more days. If nothing then contact the solicitors. If you need to you can apply to adjourn the hearing but it'll be better for you if you've tried to resolve the issue with the Claimant beforehand.

 

 

Shane is the claimant....but yes allow a few days grace and if still not received you can put them on notice that you intend to make application to strike out their defence on sanction of none compliance with directions. The courts are now more stringent on either parties not complying since the last CPR amendments of April.

 

 

Regards

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Shane is the claimant....but yes allow a few days grace and if still not received you can put them on notice that you intend to make application to strike out their defence on sanction of none compliance with directions. The courts are now more stringent on either parties not complying since the last CPR amendments of April.

 

 

Regards

 

 

Andy

 

Bundle from VF solicitors turned up today. Will report on its contents later this evening.

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...