claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

[citizenB]

If this is a small claim then it will likely be a General Judge. Although having said that, you might find that a lot more Judges are clued up on the act now.

[ZENTRIX9]

Hi B, no its fast track.

[citizenB]

Then I would think you would likely have a Judge who has some experience.

[ZENTRIX9]

Good. I have to prepare court bundles next week so will have a look what to do. Also could do with some advice on what to say in court.

[IdaInFife]

This is what Andyorch has advised:

 

 

This covers the bundles CitizenB :- http://www.guildhallchambers.co.uk/uploads/docs/section2/HOWTOPREPARECOURTBUNDLES.pdf

 

With regards to what to say...be polite present his case clearly...refer to the DJ as Sir/Madam ...and prepare his notes on which his CC relies on.

[ZENTRIX9]

Thanks, I have to get the bundles to court and Optima by Monday. I will deliver to court on Sunday and Optima I will email them and then deliver them on Monday. Monday is 7 days before trial. I have not yet recieved the bundle from Optima yet. if thet dont meet the deadline with their court bundle what will be the effect on the case?

 

They have also net replied to two emails that I sent them a couple of weeks ago, which is a little unusual as they normally reply.

Edited July 27, 2013 by ZENTRIX9

[ZENTRIX9]

I will be including witness statements in my court bundles and 95% of paperwork I will be relying on is included so do I just refer to the witness statements in court to cut down on paperwork?

[citizenB]

If I understand you correctly..

 

You have referenced all your documents in your Witness statement and included those documents in your bundle, yes ? The WS is an easy reference, but the documents need to be available should the court wish to see them.

[caro]

I agree with citizenb. It's important not to leave ANY documents out.

[ZENTRIX9]

Ok, so do you mean that I need extra copies at hand to give to the judge if needed? I will be delivering the bundle to the court tomorrow which will include everything that I will have in my bundle. The bundles include 3 or 4 different statements from both D & C and most of the paperwork I will rely on is there 3 or 4 times already. I still need extra copies? Do the extra copies need to go in the courts bundle or just for me to hand out if needed.

As yet I have not recieved a bundle from the Claimant and hoping that I wont, would this give me grounds to have the case struck out? or if not what options would I have as it doesnt give me 7 days to review their paperwork and prepare for court

[ZENTRIX9]

Will I need to include the Claimants witness statements or can I just refer to them with copies of the parts I need to refer to and give them out in court? The Claimant should include them in their bundle?

Edited July 28, 2013 by ZENTRIX9

[ZENTRIX9]

I have not presented any costs yet, can I do this at court if I win? and if so what can I charge for my time?

[AndyOrch]

Your costs should be served on the Claimant pre hearing ZEN...prepare a rough bill of costs and have this handy for trial.

[ZENTRIX9]

OK just got back from Coventry county court after taking my court bundle. Had to leave it with the security guard because they had all gone home? 3.05pm? He wouldn't give me a receipt either but said he would take it up and make sure the right people got it.

[Old Cogger]

More helpful than our security guards = whats that? a defence being submitted! oh. just put it in the post box at the end of the building outside.

[batty69]

OK just got back from Coventry county court after taking my court bundle. Had to leave it with the security guard because they had all gone home? 3.05pm? He wouldn't give me a receipt either but said he would take it up and make sure the right people got it.

 

Yeah they fvck off home at 2pm now, I got caught out with this once. They hide it in the small print on the bottom of your court orders.

 

Wish I could work 4 hours day, and they moan about pay freezes, bloody cheek.

[ZENTRIX9]

2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

[batty69]

2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

 

Yes all court orders/directions state 4pm and that is true if you use the post box outside, but if you check the small print on your orders/directions it will state office hours are 10 am-2pm

[batty69]

2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

 

in terms of making it count, do e-filing as a backup

[ZENTRIX9]

Heres an update.

I took my court bundle to court on Monday afternoon, I also sent Optima a copy by email and got an away message so then sent it to the person named on the away email.

Yesterday (Wednesday)letter Dated Monday, pouch says 24 so would have been posted out on Tuesday. I sent a hard copy out today to Optima by courier so they will get it tomorrow. Optima have always accepted all the info previously by email so if they say they havent had it or complain it was sent by email I will bring this to the courts attention.

The way I see it is that Optima have not sent me the court bundle within 7 days of the trial date. Do I tell the judge? and will this help my case.

 

Also I came back from work today and had a message on the phone from the court asking me to ring them to discuss the case? any ideas what this could be about? do they ever rule after reading the bundles if they think its an open and shut case?

 

Do you want me to post the summary from Optima so you can read it and advise?

[ZENTRIX9]

Batty69, efiling? Whats that? Can you file at court online?

[AndyOrch]

Do you want me to post the summary from Optima so you can read it and advise?

 

Please do Zen.

[ZENTRIX9]

Ok called the court and it was just that we may have to change courts but its been sorted now. I am in court on Monday and I just had confirmed that the court and myself recieved the court bundle 2 days short of the 7 days required.

The Credit Card Agreement that I have been sent looks like a microfishe or a photocopy of the original, the agreement is dated 25/07/05, does that mean I can put them to strict proof and make them produce the original in court and a copy or reconstituted agreement wont be accepted?

[ZENTRIX9]

Ok Andy I will scan it now, give me 10 minutes

[ZENTRIX9]

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/Optimasummary_zpsf61944a5.png

 

Heres Optimas summary