Orge Vs Barclays/Woolwich Mortgage

[orge]

Cool.

Is there a recommended starting point for my witness statement?

I will get going with this early next week.

 

Thanks,

 

James

[SabreSheep]

I never had to draft one so my experience here is very limited.

First of all try looking through some of the success threads to get a general idea.

[orge]

Had a letter from the local county court to say that the judge has asked for the case to be stayed 6 weeks whilst it is allocated to mediation (again).

Should I go along with this or ask for it to be transferred straight to court?

 

Also, if possible, I feel like it might be a good idea to raise a Part 18 request in regard to their costs in the interim. I was thinking of buying the Small Claims Book recommended on this site - are Part 18 requests covered?

 

Thanks,

 

J

[SabreSheep]

Nothing to lose with the part 18 request, although it is highly unlikely they will comply. BUT it does show you are trying to resolve the situation

 

I would go along with mediation again. Objective = Keeping the judge sweet and showing you have been overly reasonable

 

I brought the most recent edition of the book, it is quite insightful.

[brown1950]

Had a letter from the local county court to say that the judge has asked for the case to be stayed 6 weeks whilst it is allocated to mediation (again).

Should I go along with this or ask for it to be transferred straight to court?

 

Also, if possible, I feel like it might be a good idea to raise a Part 18 request in regard to their costs in the interim. I was thinking of buying the Small Claims Book recommended on this site - are Part 18 requests covered?

 

Thanks,

 

J

 

I presume your claim has now been 'settled' and confidentiality applies ?

[orge]

Hi,

 

The hearing is scheduled for mid November. Since my last update, Barclays have reiterated the low offer they made during mediation (

I'm just about to start working on my court bundle and the Part 18 request.

 

How about yours?

 

J

[AndyOrch]

CPR 18 is not applicable to SCT Orge.

 

Andy

[orge]

I'll just be preparing my court bundle then!

 

J

[brown1950]

Hi,

 

The hearing is scheduled for mid November. Since my last update, Barclays have reiterated the low offer they made during mediation (

I'm just about to start working on my court bundle and the Part 18 request.

 

How about yours?

 

J

 

Thanks for your prompt reply.

 

Presently waiting for my case to be transferred to my 'local court' in the meantime Barclays solicitors have today asked me the following :-

''We are unclear on what basis you are claiming restitution and why specifically you have claimed interest at the rate of ?????''

 

Prior to mediation (never took place because i was on holiday) Barclays solicitors offered to settle without paying the restitution element (which makes up 90% of my claim.?} offer was rejected.

 

Looks like an increased offer to settle is in the 'pipeline' ?

[orge]

Quick status update. Currently compiling my court bundle in preparation for submission before the end of the week.

Slick has advised on content by supplying the standard template. I will be adding case summaries for Sempra Metals and to Kleinwort Benson.

Should I add anything about MCOB, even though it is does not appear to be formally covered as a result of the dates it was taken out?

 

Thanks,

 

James

[AndyOrch]

I would ...let the court decide if its applicable or not...if not nothing lost.

 

Andy

[orge]

Ok.

 

I'm struggling to find a good summary for Kleinwort and Sempra?

http://www.ucc.ie/law/restitution/archive/englcases/sempra.htm

 

I'm also a bit unsure on some of the acts - presumably the text needs to include the latest amendments? For example, would this be ok?

 

SOGA

http://www.legislation.gov.uk/ukpga/1982/29/data.pdf

 

Finally, I would have expected to flesh my POC out a little, but this isn't clear from the bundle outline?

 

J

[AndyOrch]

The Sempra link is okay Orge...remember you only need the case name and number and the main points of judgment you rely and refer to...not the full transcript.

 

Same goes for the SOGA....but take a look at this link...

 

http://www.legislation.gov.uk/ukpga/1982/29

[orge]

The Sempra link is okay Orge...remember you only need the case name and number and the main points of judgment you rely and refer to...not the full transcript.

 

Same goes for the SOGA....but take a look at this link...

 

http://www.legislation.gov.uk/ukpga/1982/29

 

Ok. Do I need to do the same for the utccr 1999/1977? The court bundle template I have been working from basically just dumped the whole text of these acts in at the back.

 

I think I'm getting a little confused about how this should look like when I am finished? Is there a good finished example you could point me at, even if it is for different type of case?

 

Thanks,

 

J

[AndyOrch]

No completed examples to hand but here are some pointers for your bundle......

 

Bundles of documents for hearings or trial

3.1

Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2

Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not –

(a) contained in a witness statement, affidavit or experts report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

( any medical reports and responses to them,

(9) any experts’ reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3

The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4

The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative5 who has conduct of the claim on behalf of the claimant.

3.5

The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6

The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7

For convenience, experts’ reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8

If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9

The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served.

Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10

The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

[orge]

Thanks.

 

Just to let you know that I received Barclays Defence today. Pretty standard stuff:

2 witness statements - 1 on behalf of Barclays for supply of statements/T's & C's, 1 from MAB.

Deny unfairness of charges.

Deny that statute of limitations should be extended

Deny that restitutionary interest is applicable

 

I can do full text later on today, if required?

 

Thanks,

 

J

[orge]

Hi,

 

Just putting finishing touches to my bundle before submission today. Would greatly appreciate if somebody could take a look over the attached witness statement. Main things to focus on are:

 

• Details relating to Bank Charges and how these tie in with a Mortgage - possibly some of this is extraneous?
  
• UTCCR
  
• MCOB
  
• Statute of Limtations - Does this need another section?
  
• Interest in Restitution - Again, does this require another section?
  

 

Thanks,

 

J

[orge]

Also, for reference, attached is their defence.

Thanks,

 

J

 

[ATTACH=CONFIG]60133[/ATTACH]

[shamrocker]

Did you write that whole WS up yourself or use that of similar cases as a template/inspiration? It's very impressive! I can't help you on your questions, but I'll certainly be using many of your points when I finally get around to taking on my bank for a tidy sum in £25 unauthorised overdraft charges and interest.

 

Sham

[orge]

Did you write that whole WS up yourself or use that of similar cases as a template/inspiration? It's very impressive! I can't help you on your questions, but I'll certainly be using many of your points when I finally get around to taking on my bank for a tidy sum in £25 unauthorised overdraft charges and interest.

 

Sham

 

Thanks! Glad to hear it reads ok.

 

It's based around a couple of templates for lloyds and abbey credit cards. I'll put some links up when get a moment.

 

J

[shamrocker]

Thanks! Glad to hear it reads ok.

 

It's based around a couple of templates for lloyds and abbey credit cards. I'll put some links up when get a moment.

 

J

 

I didn't read it all, if I'm being totally honest, but read about halfway and then left it at that - I'll go back to it when I have time as it was very interesting. It made perfect sense to me and could see where it was heading.

 

Out of interest, as you've mentioned credit cards - how does that so-called landmark ruling over the £12 default charges that seem to be accepted as fair affect any challenge to these charges made by banks? I'm guessing this is something you researched in the course of your claim here.

 

Sham

[orge]

I had a credit card case with Barclays before this. Most of the charges were over in excess of £12 but there were some at the £12 level. I claimed for everything plus interest in restitution:

http://www.consumeractiongroup.co.uk/forum/showthread.php?110700-Orge-vs-BC-**WON**-chgs-repaid-with-compound-int-t-and-CRA-data-removed-(probably)

 

Since the OFT ruling, bank accounts are more difficult/less successful than credit cards (fwiw, I haven't bothered with mine).

However, it all depends on the institution you are claiming from and the individual circumstances of your claim. Best thing is to start a thread asap.

 

Hope that helps,

 

J

[AndyOrch]

Will read it shortly Orge and come back to your points in post #92

[orge]

Excellent!

Thanks for that.

 

J

[shamrocker]

I had a credit card case with Barclays before this. Most of the charges were over in excess of £12 but there were some at the £12 level. I claimed for everything plus interest in restitution:

http://www.consumeractiongroup.co.uk/forum/showthread.php?110700-Orge-vs-BC-**WON**-chgs-repaid-with-compound-int-t-and-CRA-data-removed-(probably)

 

Since the OFT ruling, bank accounts are more difficult/less successful than credit cards (fwiw, I haven't bothered with mine).

However, it all depends on the institution you are claiming from and the individual circumstances of your claim. Best thing is to start a thread asap.

 

Hope that helps,

 

J

 

What difference does the fact that it's a current account rather than a credit card make?

 

Cheers!

 

Sham

 

P.S. It would be HSBC - I've got previous correspondence with them regarding a complaint about the £25 charges (without going into specific details) and their attitude was apathetic to say the least. It would a good starting point for any claim I guess.

 

P.P.S. Sorry to hijack your thread. This is my last mention of anything unrelated to your case.