Bev & Tony stuck big time!! ** WON **

[fire fox]

Question???

The letter I am sending says " ....which together with the daily rate of 0.64 now totals £....?" My spreadsheet shows my total as at 30/11/06 which is when I sent it.

1 Do I add on interest from then to today?

2 How do I do that?

 

Thanks

[fire fox]

I am sooo stupid!!! Have just realised that the spreasdsheet updates to todays date so I only have to add the court costs. Yes??

[Deller]

Yes the spreadsheet should update daily so you just need to add on the legal costs.

[rhodes2000]

I filed my my claim wrong on HMCSOL Just realized I am claiming more than I should cobbetts are defending my claim since 26th jan I have heard nothing from them yet what should I do wait for their reply or contact them will the latter predudice me Help Me

[fire fox]

Thanks Deller

Any chance you can help Rhodes 2000 - the post 54 below your reply to me? I dont think I can help!

[The cobbett slayer]

Tony

 

I've pm'd Rhodes to start a new thread so we don't start putting irrelavant information in yours and I'll have a look at the problem for him/her.

 

Paul

[rhodes2000]

How do I start a new thread

[The cobbett slayer]

Click on the Natwest link at the top of the page and there will be a "new thread" button on the top left.

 

Give it a title and you're away

[fire fox]

Hi Paul

 

Thanks very much. I was unsure what to do. Hope Tuesday went ok for you. As you can see I have posted back my rejection letter so sit back and wait again now. Have you peogressed with yours?

[The cobbett slayer]

Hi Tony

 

Thread hijack then - Tuesday was fine thanks. 7 hours of reading 4 months worth of emails.

 

I'm doing 2 shifts next week:eek: . Back in training just checking that my clinical skills haven't left me then they let me loose on patients (under supervision) in week 3. In week 4 I do a full 40 hours and then I'm on annual leave for 3 weeks and buggering off to Egypt.

 

Anyone want a job in the NHS?

[fire fox]

Sounds fantastic but I bet the reality is different?? What will I do with you away for 3 weeks??? Doesnt that sound selfish-I dont mean it to. You should make the most of it mate.

[The cobbett slayer]

I intend to Tony but there's plenty of people on here who will help you out if you need it.

 

The great thing about this site is collective knowledge and you will soon find yourself with the boot on the other foot. Start reading through other threads and you might just find that you can give advice as well as you receive it. When I started, I knew nothing. 2 weeks ago I took on Natwests barrister in court and came out with a good result.

[fire fox]

You are dead right. I read a lot of threads and quite often find myself knowing the answers to questions which is prety good. I will give it a go if I'm 100% sure. It may sound sad but I'm not sure what I will do when my claim is sorted as I find myself drawn to the site as it makes such interesting reading whenever I have a spare minute.

Thanks

[The cobbett slayer]

You say what you know.

 

Don't be afraid of being corrected or contradicted as debate is a very important part of building knowledge. Don't be afraid to pitch in!

[fire fox]

I have received a court date today - 16th April. Seems a long way off. The wording in it is exactly the same as ths Draft Order I sent with my AQ.

I guess this is good news!!.

However, I am slightly confused with the timescales. I have 14 days from 1st Feb to submit my evidence, then Cobbetts have 14 days from receiving my evidence to submit theirs. But at the end of the order it says all documents must be received 14 days before the hearing which would make it 2nd April ???

Feel elated but worried at the same time as I dont want to mess this up now. It also says "Upon appearing to the court that the Defence filed is not in accordance with CPR 16, both in failing in terms to address the matters raised in the POC and itself in its accompanying request for further and better particulars inappropriately requesting the claimant to plead matters of law not requiring to be pleaded in a statement of case, upon compliance by the claimant with the order the defence filed shall stand struck out, and the defendant shall thereupon within 28 days file a properly pleaded defence.

The attention of both parties is drawn to the provision of CPR 27.14.2 d

What does the above mean and what is CPR 27.4.2 d??

[The cobbett slayer]

Tony

 

It's complicated but it's good news for you

 

What it is saying is that if you comply with the terms of the order and make whatever submissions it requires of you (the claimant) then the court will throw out their defence.

 

The allocating judge has basically decided that the defence they have filed is a load of old tosh and is instructing them to file a correct and lawful defence. The basis of this is that their standard defence isn't a defence, it is a request for you to quote the sections of law on which you will rely in substantiating your claim. Under Part 16, a defence must offer an alternative version of events. "We didn't do it you honour" simply isn't good enough.

 

Clicky here for the CPR homepage and you can have a look at them yourself. Parts 16 & 27 are most relevant.

 

Civil Procedure Rules Homepage

[fire fox]

Right... I had a look and think that CPR 27 relates to costs if you appeal aginst the track. Right?

Couldnt find anything re Part 16 though. What am I doing wrong?

Questions now

Do I send my original statements or do I photocopy them all?

Somewhere on here I saw a thread that listed other decided cases and covered every point the judge is asking of me, but where? Is there a search facility ? In fact I'm a bit unsure about what I am providing to them. Panic, pannic, panic. I'm sure its just nerves and when I've slept on it I will be calmer.

[fire fox]

Can anyone help re the above please?

Thanks

[fire fox]

Ok since yesterday I have figured a lot of it out myself but would like to know if anyone is at the same stage or just past it so we can cofirm my understanding of staements of evidence and contents of the court bundle

Thanks in advance

[fire fox]

Help needed please

I have until a week today to provide the following to Cobbetts and the Court

1.A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

2.Copies of decided cases and other legal materials to be relied upon.

 

There were 2 other points but I have sorted them. I think point 2 is the printing of the court bundle from the library but would like it confirmed please

Thanks

[The cobbett slayer]

Hi Tony

 

Sorry for the delay in getting back to you.

 

I'm a little unsure as to what the court are asking for with regard to "copies of decided cases". I would assume that these are the case law included in the basic court bundle

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

and the statement of evidence will be the relevant parts of the statutes quoted in the POC, so that's the UTCC, SOGA and you can also include the statement from the OFT.

 

Like I say, I'm not entirely sure about this. I've pm'd a couple of others who may have more experience as I have never seen an order like this one before so this is just my interpretation. Hopefully we'll clear it up in the next day or so.

 

It would help a lot if you can post the exact content of the order so others can read it.

 

Paul

[fire fox]

Thank you so much Paul. The order from the Judge is exactly the same as the Draft Order for Directions I attached to my AQ, being the New Strategy suggested here instead of just asking for Standard Disclosure.

I am buried under piles of photocopying I did in work today (statements etc) and keeping track of three sets of everything is a nightmare.

I hope you made progress with yours, it all sounded a bit hairy on Saturday!!

Tony

[Michael Browne]

As well as above also see here:

 

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

And 2 different Statement Of Evidence's for © of the Drirection:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

[fire fox]

Claim number XXXXXX

 

 

 

Between

XXXXXXXX - Claimant

and

XXXXX - Defendant

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

This is what I sent with my AQ and it is exactly what the Judge has sent back to me and Cobbetts.

[fire fox]

Thank you very much Michael Browne I will have a look at it now.

Thanks