preparing a court bundle for small claims against bpf finance

[berti76]

Can anyone help..... i have a small claims court date of 26th july 2013 against BPF, I have been through the FOS and they partly upheld my case. it was for a training course through HIT/PROPERTY PROFESSIONALS which went into administration in 2010. I cant afford legal representation and am seriously concerned about my ability to produce a satisfactory bundle. My claim is on the grounds of misrepresentation, section 75, and possibly " non- est factum. Could anyone help as the more i try and produce this bundle the harder it becomes

 

thanks in advance

[slick132]

Hi Berti and welcome to CAG

 

Thread moved to Legal Issues forum where I hope you'll get the advice you seek.

 

I suggest you give a little more info re the circumstances that led to the claim, and what has happened with the claim to date. Include approximate amounts.

 

[berti76]

Thanks slick,

the company went into administration whilst i was still training. BARCLAYS tried to remedy the breach by arranging a new supplier but it was not like for like...the fos partly upheld my case...the award was 800 as appossed to the £6800 i had paid. i therefore started a small claims against barclays... i have evidence of misrepresentation, and believe they are responsible under section 75.. the remedy of new provider took 5 months and was materially different. hope this helps

[steampowered]

Bundling sounds complicated but it is actually very simple. Don't overcomplicate it. The point of preparing bundles is so that everyone has easy access to the documents needed at trial. If you are in doubt whether you should include something, put it in... better to include stuff you don't need than be in a position where the document you want to show the judge is missing.

 

Off the top of my head, and without knowing anything at all about your case, I suggest the following steps:

 

- Put the following documents into a pile: Claim Form, Particulars of Claim, Defence, Reply (if any), any interim orders or directions issued by the court, witness statements, any documents which you want the judge to read or either side might want to refer to at the hearing (basically any important documents).

- Arrange all the court documents in date order. Put them at the front of the pile.

- Arrange all the other documents in date order and put them at the back of the pile.

- Take out any documents which are legally privileged. Basically, you cannot include settlement offers.

- Prepare an index of the documents in the file.

- Send the index to the other side and ask them if the index is agreed.

- If the other side wants to include any other documents in the bundle, then they should go in as long as they are not legally privileged. Arguing about bundles is foolish and pointless.

- Prepare copies of the bundle: one for the judge, one for you and one for the other side. Another copy for witnesses/experts, if any. Bundles should be printed single-sided.

- Paginate the bundles (i.e. write page numbers at the bottom right of each page).

- File a bundle at court as directed (generally 3-7 days before trial unless you are in small claims track).

[berti76]

Thank you steampowered, that is the simplist explanation yet. it is small claims, i think i have been looking at it all wrong. if i can also ask when preparing my witness statement is there any do's and donts'.

thanks again