MBNA court Activ Kapital

[The Mould]

Sham can you post up a copy of the Court order please.

 

 

Thank you

 

 

Godzilla

 

 

Kind regards

 

 

The Mould

[shamrocker]

Sham can you post up a copy of the Court order please.

 

 

Thank you

 

 

Godzilla

 

 

Kind regards

 

 

The Mould

 

Sorry The Mould - I missed your message above.

 

I haven't received anything from the court. I don't understand how they, located a few hundred miles away from the court, would get a letter before me when I'm ten miles up the road.

 

Sham

[The Mould]

OK Sham

Perhaps you might receive a copy of the order on the morrow or Saturday.

Really need to see the directions therein because you are only obligated to comply with these directions.

Might be prudent that until you receive your copy of the order, send the claimants’ sols a list of the documents that you intend to rely on for the September hearing of the application and request he confirms his agreement on the same and if he does not agree request that he states his reason(s) and post a copy of the authority file (including the Wilson case) to him.

Your list of documents for the SJ hearing bundle should be in chronological order and include the following:

1. Claimants’ particulars of claim ( always state the date of each document in your list)
   
2. Your Defence
   
3. Claimants’ reply to your Defence (if any)
   
4. Claimants’ application notice for SJ
   
5. Claimants’ 1st WS in support of SJ
   
6. Your 1st WS in opposition of SJ
   
7. Claimants’ 2nd WS evidence in reply
   
8. Both of the credit agreements
   
9. Copy of the default notice
   
10. Copy of inter-party correspondence that is not marked “without prejudice”, (but only include these communications if they are relevant and further support your case against the SJ).
    

Whether the claimant agrees or not with your proposed document list for the bundle, paginate your documents into a lever arch file (you will need 3 copies of the documents set out in the above list and so 3 files – one for you, one for the Court and one for Claimant) place a label on the front of each file and on the inside cover to state “claim no. xxxxxx for the hearing on 1 September 2014”. Make sure that you file and serve these pursuant to the order made by the Court (the one that you are awaiting service of).

Godzilla

Kind regards

The Mould

[shamrocker]

Hi TM.. where do the authorities fit into the list of documents for the SJ bundle? Are they to be included?

 

Sham

[The Mould]

The authority file should be a separate file to the bundle.

Godzilla

Kind regards

The Mould

[shamrocker]

Thanks TM. Do I need to declare which authorities I intend to use?

 

Added... and when does the file come into play - is it purely for the hearing/trial?

[The Mould]

Yes, in the documents list simply state “Authorities file consisting of………….” Then set out the citation of each authority that you will rely on and refer to at the SJ hearing.

Catch up again on the morrow.

Godzilla

Kind regards

The Mould

[The Mould]

Yes at the hearing but you must file and serve a copy of the authority file and your bundle in advance of that hearing.

 

 

When you receive the Court order, post it up here and I will respond.

 

 

Godzilla

 

 

Kind regards

 

 

The Mould

[shamrocker]

Thanks The Mould. I'm still a tad unclear about everything, but less unclear than I was earlier.

 

Do you have any idea why their solicitors would be getting a bit hot under the collar about disclosure of the documents? Could they simply be stating what's on the court directions letter? I suppose we shall soon find out.

 

I'll give my head a rest from this until tomorrow.

 

Another slight issue I have is that I'm away tomorrow night and not back until 5th August - the deadline stated in the letter from the Claimant's solicitor.

 

Kind regards,

 

Sham

[The Mould]

In that case you had better e-mail the sols with your proposed document list for the bundle on the morrow and also serve a copy of the authority file to them by Special Delivery and ask the post office to make it Special Delivery for Monday 28 July 2014.

Try and arrange for a trusted friend, neighbour or family member to collect your post and contact you if the Court order arrives while you are away to ensure that you do not fail to comply with the order.

Happy summer break, enjoy yourselves and hope the weather remains warm and sunny, catch up when you return.

Godzilla

Kind regards

The Mould

[shamrocker]

Thanks TM.

 

All this will be a bit of a push, and unfortunately I haven't got someone who I can call upon in such circumstances.

 

Would I need to serve full printed copies of the authorities to the claimant and court by 5th August? Also, do I need to provide copies of the documents on the document list...or only mention them on a list?

 

If the letter turns up tomorrow then I have a good chance of sorting everything at a push, which would be a nice feeling before heading off (I'm not going too far....but Internet access will be limited to 3G on my phone for the most part).

 

Do you know if there are any grounds for an extension to submission deadlines if I can show that the this engagement was booked prior and that I will have limited means of communication? I was hoping for more than one day to firstly digest everything and then to get it sorted.

 

Thanks for your sentiments on the break. It couldn't have come at a worse time, but I wasn't to know when I booked it. Fingers crossed all will turn out fine.

 

Kind regards,

 

Sham

[The Mould]

Without sight of the Court order I do not know, however, with the sols making reference to the Order and requiring you to send the documents by 5 August, it might be the case that that is the Courts’ directions.

Just send the list of documents to the sols and not the documents.

You should send the authority file to the sols though before you go away. By the way I thought the morrow was Friday, hence my Special Delivery date of Mon 28 July, sorry about that.

You must comply with Court directions and the only reason the Court will accept for non-compliance will be on medical grounds.

Godzilla

Kind regards

The Mould

[shamrocker]

Without sight of the Court order I do not know, however, with the sols making reference to the Order and requiring you to send the documents by 5 August, it might be the case that that is the Courts’ directions.

Just send the list of documents to the sols and not the documents.

You should send the authority file to the sols though before you go away. By the way I thought the morrow was Friday, hence my Special Delivery date of Mon 28 July, sorry about that.

You must comply with Court directions and the only reason the Court will accept for non-compliance will be on medical grounds.

Godzilla

Kind regards

The Mould

 

Thanks TM. It's a good job I didn't go today, so could have been worse. I have tomorrow to work on all this, so I should be able to manage.

 

I'd be most grateful if you could pop your head in tomorrow during the day in case I have a few queries. I just hope the letter arrives tomorrow!

 

Thanks for everything....

 

Sham

[Ganymede]

Make sure you thoroughly read the rules regarding trial bundles...

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39/pd_part39a

[shamrocker]

Make sure you thoroughly read the rules regarding trial bundles...

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39/pd_part39a

 

Thanks Ganymede. That was helpful.

 

Sham

[Ganymede]

Don't make your own bundle repeating everything the Claimant will put in.

 

The reason the Claimant's solicitor wants your documents for the bundle is because it is their responsibility to prepare it.

 

"3.4 The preparation and production of the trial bundle... is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant."

[shamrocker]

Don't make your own bundle repeating everything the Claimant will put in.

 

The reason the Claimant's solicitor wants your documents for the bundle is because it is their responsibility to prepare it.

 

I don't quite understand what you mean here. Could you elaborate a little?

 

This is all completely new to me so I don't have any real appreciation of the important factors at this moment in time.

 

Thanks Ganymede!

[The Mould]

Sham said that at the SJ hearing the judge ordered that they both prepare bundles.

Hope the order arrives in the post today.

Kind regards

The Mould

[Ganymede]

Sham said that at the SJ hearing the judge ordered that they both prepare bundles.

Hope the order arrives in the post today.

Kind regards

The Mould

 

Ah ok so yes we need to see the Order to check.

[shamrocker]

Ah ok so yes we need to see the Order to check.

 

Morning guys... yeah, the judge stated that it would be a 'mini trial' lasting 1hr 30mins and both sides would prepare bundles.

 

Fingers crossed TM. I'm hoping it arrives too!

[Ganymede]

Morning guys... yeah, the judge stated that it would be a 'mini trial' lasting 1hr 30mins and both sides would prepare bundles.

 

Fingers crossed TM. I'm hoping it arrives too!

 

You could call the Court and ask if the Order has been sent out and get them to read it out to you over the phone if you haven't got it.

[AndyOrch]

If you are pushed for time Sham you could phone the court and ask for it verbatim over the phone......assuming there is a General Order.

 

Andy

[shamrocker]

Thanks both... I'll keep you posted on any developments.

[shamrocker]

Thankfully the letter from the court arrived this morning. Here is a copy:

 

[ATTACH=CONFIG]52359[/ATTACH]

 

Let me try to make a fist of this myself...then perhaps some of you can chip in.

 

The court orders that the claimant file the bundle within 28 days of 16/07/14. This bundle is to include documents relied upon by me, the defendant. Does this term 'documents' include, in my case, the authorities?

 

The Claimant's solicitor has stated a deadline of 5th August to have my list of documents? Is this a standard request and it the timeframe reasonable?

 

Their solicitor, in their email yesterday, stated that I could send the documents by email. Could I, therefore, just pdf the authorities and send them across?

 

Sorry for such basic questions, but that's the level I'm at right now.

 

Many thanks

 

Sham

[The Mould]

Yes sham, pdf the authorities and the default notice by email today to the sols, they should be in possession of all other documents.

Let them know that you will be away until 5 August and request that they serve a copy of the bundle on you on 6 or 7 August.

Going to have a look at Court order now.

Kind regards

The Mould