Arrow claimform - old Lost/disputed Vanquis Card Debt

[bnradford lad]

not sure what a bundle is.....the date set is 20th and we have to exchange documents 14 days prior...ijust havn't time due to their very last minuite response to me requests.

not sure what formn265 is

[AndyOrch]

A bundle is a pagination of all the documents relied upon and court documents issued in the claim.

 

Exchange of documents is known as Standard Disclosure this happens before the bundle and the form used is the N265.You list all your documents they do the same and send each other the N265.

You then look at their list and them yours and request the documents that you dont have or was not aware of.

 

Once both lists are done then you both exchange documents.

[bnradford lad]

"each party must deliver to the other party d to the court office copies of all documents on whichthat party intend to relyat the hearingno later than 14 days before the hearing"

 

the original documents must be brought to the hearing

 

the judge mat refuse to consider a document or take it into account if a copy has not been sent to the other party as required by this order

 

the docu,ents to be sent to the other party and the court must include the statements of all wirnesses 9INCLUDING THE PERTIES THEMSELVES...

 

 

I am still concernes regarding the lost /stolen part, and the assumption that the PIN was not looked after properly.....c

[AndyOrch]

Well if you dont agree with a particular document and not had time to respond or challenge it then you request that due to the short notice you request that it be inadmissible.

 

Then state your reasons why.

[bnradford lad]

OK thanks Iwill study this further

[bnradford lad]

I wrote to the court 3 letters I kept getting more from Arrow Global..the last and most important one received Saturday the 7th September.

asking for the contents to be inadmissible as suggested.

I have no reply from the court ,the last letter

was delivered by hand on Monday 10th September to Court.......do they reply,as I am worried as to the costs if I am not succesfull....what are the costs likely to be ?

I might still have time to go to mediation but I must notify the court by Friday 13 September if this is the case

[citizenB]

Will bring your post to the attention of Andyorch for you.

[AndyOrch]

Costs will be minimal small claims track...with regards to the court responding they will only respond if there is something of urgent importance that affects the time table of proceedings.

If you wrote to them stating something was inadmissible...you wont get a response as the trial is yet to commence...when I referred to that action that is something you would say in court ...not write and request.

 

Regards

 

Andy

[bnradford lad]

can you advise what minimal might be please

[AndyOrch]

Claiming costs for a small claim

 

You can only claim certain costs against your opponent if you win in the Small Claims Court. These are known as "Fixed Costs". They include any court fee you have paid, but not your solicitor's charges. You can claim your travel expenses and loss of earnings if these relate to your attendance at court.

 

You may also be able to claim travel expenses and Loss of Earnings of any of your Witnesses who have had to come to court to give evidence for you, the amount you can claim is restricted.

 

You may also be able to claim for any Experts Reports you have paid for to help your case, again the amount is restricted.

 

The court does have a discretion to award costs where a party has behaved unreasonably.

 

This includes:

 

Making unnecessary applications.

 

Causing a late adjournment of the hearing.

 

Failure to comply with directions or orders.

 

Refusing to negotiate.

 

Failure to comply with protocols.

 

Mis-stating value of the claim so it is allocated to small claims track to avoid costs liabilities.