Creation Store Card reclaim late fees

[HP Mum]

Running out of ink...

Good job started early...

[HP Mum]

SO - that is done and posted.

The whole process is exhausting.

I am still not 100% sure what I am doing!! But I have somehow managed to put together 100+ pages of supportive docs.

 

 

The interesting thing is that I have heard nothing from CFS. I even wrote to them asking them to reconsider and to settle to save wasting time/resources in producing docs for court - but they never responded.

Is this normal with CFS?

So what now?

It is 2 weeks before the court hearing.

Do they have to send me their evidence too? I cant remember my brain is so dead!

And are they likely to now offer to settle?

Or is it more likely that I will have to attend the hearing?

If so I will need to read my docs again and again so I really understand my arguments in the intimidating environment of a court,...

[HP Mum]

I'm a bit confused by this court process of producing evidence to rely on in court.

Are both sides supposed to provide evidence?

The deadline was 14 days before the court hearing. I sent mine in on time.

I have had nothing from cfs.

Or is it just me - as the claimant - that has to provide evidence?

[AndyOrch]

Yes both parties must follow the directions to the date...otherwise you can request sanctions be imposed against the offending party.

[HP Mum]

Thanks. What does "request sanctions be imposed against the offending party" mean in laymans terms?

Write to court with complaint? strike out?

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

[HP Mum]

So can I write to the judge to whom I sent my claim now asking for Judgment against cfs?

[AndyOrch]

So can I write to the judge to whom I sent my claim now asking for Judgment against cfs?

 

No....you can inform the court that they have failed to comply with directions (Disclosure) and ask they impose sanction.

[HP Mum]

Thanks.

So should I call, write or email?

[AndyOrch]

I would do both

[HP Mum]

Spoken.

Need to only write.

So emailed.

Ironically their mail box is full so need to send again later.

 

 

Just out of interest - why would they not send their evidence bundle?

It is pretty normal behaviour that they ignore me and instead bombard me with dca letters and default notices - however this is legal an should not be ignored, right ??

[AndyOrch]

Complacent normally...thinking they are above the law...but they must follow the process...that's what directions are for and how the claim will proceed.

 

If they dont disclose...then they cant rely on any written evidence...so its in their interests to comply...on time.

[HP Mum]

ok

so complaint email finally went through. Got an alert about emailing the courts - saying my email will responded to in 10 working days.

The court hearing is before this !

Not sure how to consider this...

 

 

Should I also now write to cfs and ask them if they wish to reconsider and settle before the hearing? Ive already emailed their sols once a few weeks ago and got no reply.

 

 

Any guesses on what is likely to happen at the hearing?

I obviously have to read all my evidence and understand my points. But - if cfs have failed to present an evidence bundle what is likely to happen? What can I suggest happens?

[AndyOrch]

No...no more further offers of settlement.....I have already told you what happens if they fail to disclose above..you need to calm down.

 

Andy

[HP Mum]

good evening all

 

I have today received a HUGE bundle from CFS.

 

Firstly they admit to receiving my bundle on the due date.

Their bundle is dated 4 days later....

 

They comment that:

I have not included my original agreement.

They state a discrepancy between the date I say I set up the account and the date they know I started the account.

They say they need to know we are talking about the same account!

(I guessed the start date cos I only had paperwork backdated 13y not 20y)

They then include evidence relating to the original application 20y ago

 

They then state I need to bring original docs to court on the hearing date

- as judge may request sight of docs, rather than copies

 

The suggest my bundle is incomplete.

I did not include their defence, the court's directions or the full judgments in respect of the authorities upon which I seek to rely upon....

 

They have sent me docs that they say I

"should add to my bundle to form one trial bundle for use at the hearing....."

 

As it is huge I need to read what they have sent me.

But I assume they are trying to include evidence that they failed to present by the due date...

.

They say they are defending and the hearing is effective.

 

They note my invitation to settle but they don't want to...

(we are talking a few hundred £s + CI)

 

So what do I do about this....???

 

Do I understand this correctly

- that if they don't file evidence on time it can not be included as evidence in court?

 

they claim my Claim is incorrectly filed and ask for me to add to it in a way that benefits them - then how does this play out in court??

 

Esp since I emailed the court to say they did not provide evidence by the due date?

 

This seems a sneaky way of pre-viewing my bundle and then figuring out how to add their defence after the due date!!!!

[martin2006]

I would check with the court mum to find out if the courts accepts their late sending of bundle.

Hopefully they will be held to the date but procedure can be relaxed in sct so its a bit of a lottery

[HP Mum]

Their letter to me has said I should have included the full judgments of cases, not summaries.

Is this correct?

They have sent me the full judgments and tell me I need to rely on the full judgments in court.

They then have included another Judgment - which was not referred to in my bundle.

They state that the full judgment of this extra Judgment supports their defence.

 

They ask me to renew my bundle according to their instructions

- adding in all the full judgments and the one that supports their defence

- so that I am provided with a full trial bundle which will then be used in the hearing.

 

They also state that as the bundle is now SO huge they wish to write to the judge to say that extra reading time may be required and they wish to request that the case is allocated to a judge ahead of the hearing, in order that the bundle may be fully considered.

 

The hearing is start next week - so not much time to request a pre-reading ....

 

SO - is there a good reply to them and to the court?

 

I have already told the court that their defence bundle was not submitted by the due date.

 

Can I now also write to the Judge (as they say they are doing) and refuse to accept a judgment that supports their defence as it was not received in time??

 

Panicking a bit

 

Should I email the court telling them that the Defendant is now trying to get me to include info to support their defence? Because they did not file it in time....

It seems like the Defendant is really playing me for an idiot

 

I have drafted an email to the court.

 

Will something like this do:

I have received a letter and bundle of documents from the Defendant which the Defendant wishes me to add to my bundle.

 

The Defendant admits the additional documents support their defence and have submitted this information after the due date.

 

I am a litigant in person and yet submitted docs, on which I wish to rely on, by the due date.

 

 

The Defendant has appointed solicitors who missed the deadline and have then asked me to include documents into my bundle to support their defence. I object to this.

 

I wish to reiterate that the Court imposes Sanctions on the Defendant......

 

The whole of their defence relies on the case that they failed to file by the due date.

And which they now want me to add into my bundle,

 

Can they do this?

 

Can I simply refuse to accept them?

[HP Mum]

This case (judgment) is being "forced upon me" to include in my bundle in another case.

The defendant forgot to file their defence and are now telling me to include it in my bundle !! cheeky so and so...

I do intend to say NO - however, I would def like advice on what this case is about and how & why a Defendant thinks they can use it as a defence against me (us all) using Sempra, KB v Linc, Murray v Leisureplay judgments ???

[HP Mum]

can someone please have a look at my creation thread and advice best action. Am running out of time. Need to stop their lawyers trying to get the court to accept their defence via my claim bundle....

[martin2006]

Andy is best placed to advise here mum

[HP Mum]

ok Thanks

Will wait to hear then.

Need to get something off to the court soon though.

[martin2006]

go look at the link i have posted in your other thread re PE v Beavis

[AndyOrch]

What do you wish me to look at ?

 

Andy

[martin2006]

i think its post 138 Andy

[AndyOrch]

Their letter to me has said I should have included the full judgments of cases, not summaries.

Is this correct? The case name and the extract you rely on should suffice.

 

 

They have sent me the full judgments and tell me I need to rely on the full judgments in court. So insert theirs into your bundle as a supplemental bundle

They then have included another Judgment - which was not referred to in my bundle. Then ignore that...was it in their witness statement/defence? If no then they cant rely on it

They state that the full judgment of this extra Judgment supports their defence. Not if they did not refer to it in their Defence /WS

 

They ask me to renew my bundle according to their instructions

- adding in all the full judgments and the one that supports their defence Add in the ones you refer to

- so that I am provided with a full trial bundle which will then be used in the hearing.

 

They also state that as the bundle is now SO huge they wish to write to the judge to say that extra reading time may be required and they wish to request that the case is allocated to a judge ahead of the hearing, in order that the bundle may be fully considered. So let them..but you have to agree to their request..so does the Court

 

The hearing is start next week - so not much time to request a pre-reading ....Precisely so disregard

 

SO - is there a good reply to them and to the court? You dont need one except to submit a supplemental addendum

 

I have already told the court that their defence bundle was not submitted by the due date. Irrelevant but you can raise it

 

Can I now also write to the Judge (as they say they are doing) and refuse to accept a judgment that supports their defence as it was not received in time?? See above

 

Panicking a bit

 

Should I email the court telling them that the Defendant is now trying to get me to include info to support their defence? Because they did not file it in time....

It seems like the Defendant is really playing me for an idiot...See above... but simply state that its not referred to in their defence or WS so its inadmissible

I have drafted an email to the court.

 

Will something like this do:

I have received a lettericon and bundle of documents from the Defendant which the Defendant wishes me to add to my bundle.

 

The Defendant admits the additional documents support their defence and have submitted this information after the due date.

 

I am a litigant in person and yet submitted docs, on which I wish to rely on, by the due date.

 

 

The Defendant has appointed solicitors who missed the deadline and have then asked me to include documents into my bundle to support their defence. I object to this.

 

I wish to reiterate that the Court imposes Sanctions on the Defendant......

 

The whole of their defence relies on the case that they failed to file by the due date.

And which they now want me to add into my bundle,

 

Can they do this? No

 

Can I simply refuse to accept them? See above....the court expects parties to agree their contents pre trial

 

Andy