Hoist/? Claimforn - Lloyds overdraft -Statute Barred?

[Abury]

Thank you, I just want to check - is it advisable to be getting the help of a lawyer at this point, or is it still safe enough to continue on my own with just the help of this forum. It seems to me that I am getting in above my head.

[dx100uk]

don't think you'll find any threads here where a sols were needed ever

 

 

but of an insult to us that...abury

[martin2006]

You can download an N180 and fill it in on your pc.

 

Agree to mediation, one witness, thats you, the rest is easy enough.

 

Print 3 copies:

 

1 for the court

1 for the other sides sols

1 for your records

 

You can add a short covering letter along the lines of:

 

Please find enclosed by way of service, completed N180. A copy has also been served to court/sols ( delete as appropriate)

[Abury]

don't think you'll find any threads here where a sols were needed ever

 

 

but of an insult to us that...abury

 

Sorry, no insult meant. Just feeling a bit out of my depth.

[Abury]

Thanks, will get on with it tonight.

[Abury]

Hi all,

 

I just wanted to post an update and to ask for more advise.

 

My mediation call didn't happen due to the claimant not providing me with any of the documentation that I had requested, so the person I spoke to said it would probably be referred to the courts.

 

I have now received a letter with a court date of 21/03/2017 pending the payment of £170.00 to the courts by the claimant before the 21/02/2017.

 

I am just looking for any advise on what to do and how to prepare for this going to court?

 

Thanks in advance

 

Ashley

[dx100uk]

and what does it say you have to do....

[AndyOrch]

By letter we assume its a Notice of Allocation......the courts directions are contained within this notice on what you must prepare and submit by what date.

 

Andy

[Abury]

Yes it is a Notice of Allocation to the small claims track.

 

All it says in regards to prepare and submit is -

"Parties shall file with the Court and serve on the other party copies of all documents upon which they intend rely no later than 14 days before the hearing.

 

Included in the copy documents shall be:

i) Copies of any documents evidencing the original contract, its assignment and notice of assignment.

ii) Written statements of the witnesses (including the statements of the third parties themselves)"

 

As I have none of the above and have requested the documents from the claimant without any response, am I right in assuming I cannot take anything to court with me?

[AndyOrch]

You will have very little to diclsoe this being a claim for an overdraft...but you do have your CPR 31.14 (current Account Version) you did send one ? and any response ?

 

And of course you must submit a Witness Statement which also becomes part of your disclosure.

 

Regards

 

Andy

[Abury]

You will have very little to diclsoe this being a claim for an overdraft...but you do have your CPR 31.14 (current Account Version) you did send one ? and any response ?

 

And of course you must submit a Witness Statement which also becomes part of your disclosure.

 

Regards

 

Andy

 

I did send a cpr 31:14 I had an acknowledgement that they received it and that they granted an 14 day extension to find the documents but that is the only response I have received.

 

As far as a witness statement can you help me on what this should include etc?

[AndyOrch]

I did send a cpr 31:14 I had an acknowledgement that they received it and that they granted an 14 day extension to find the documents but that is the only response I have received. Then thats a disclosure

 

As far as a witness statement can you help me on what this should include etc?

Search witness statement in the CAG search bar ( top right under the CAG logo) this will bring up all the threads that may contain a witness statement...this will give you an idea of format/style. and content then have a go at drafting yours..we will check it.

 

Andy

[Abury]

Hi Andy, thanks for your reply, I am sorry to ask what seems such a ridiculous question but what do you mean by thats a disclosure in response to the letter they have sent me?

[martin2006]

It means that you disclose a copy of the CPR 31:14 in your bundle and state that it was sent but not complied with and mark it as an exhibit as part of your WS

[Abury]

It means that you disclose a copy of the CPR 31:14 in your bundle and state that it was sent but not complied with and mark it as an exhibit as part of your WS

 

Ok thanks for that, should I also include their acknowledgement letter in it?

[AndyOrch]

Ok thanks for that, should I also include their acknowledgement letter in it?

 

Yes......and any other document that you have referred to in either your defence or witness statement...anything you do not disclose you cant rely on as evidence in supporting your defence.

[Abury]

Ok thanks for all you advise and help, I will get on with writing up my witness statement and will post when its complete for you to check over, would you advise not to send it to the claimant until I have received theirs?

[martin2006]

Correct to a degree, just dont miss YOUR deadline regardless of what they send or dont send