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Sharmal v Cahoot, in court 26 Jan 07 ** WON **


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I have received today an Allocation to the Small Claims Track. I think I have cocked this up but am not sure so would like some help please.

 

I filled in an allocation questionaire with the answers same as eveyone else I believe but did not send a copy to Cahoot and did not put on my spreadsheet of how the charges were made up.

 

I also read in a different thread that I could quicken up the process by writting to the judge and can not find the letter now.

 

My court case is on the 26 Jan 07 at 12.00 in Boston County Court.

 

Also the judge has asked for witness statements 14 days before the hearing. What do I do. There is only me

 

Any help gratefully received.

 

I have printed off the bundle, do i need to put anything in from me? realy scared now

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Easy Sharmal, chill....

 

Firstly, you don't have too send a copy of your allocation questionnaire to Cahoot. Some people do, but thats out of courtesy than anything else.

 

Secondly, if I were you I'd write to the Court,

 

 

Sharmal

Boston

 

The Court Manager

Boston County Court

 

Date

 

CLAIM NUMBER: ********

 

Dear Sir / Madam

 

With reference to the above case, please find enclosed my schedule of charges document, dated (insert date here). I respectfully ask that you add it to my file for the Courts benefit.

 

I can confirm the information to be correct, and that both the defendant and their representation to have received the same document.

 

Yours faithfully

 

 

Sharmal

 

Enc.

 

 

I am personally unaware of how you can speed things up. If your case were stayed you could ask the court for it to be removed. Your case is next month which is good progress.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

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Thanks for that much appreciated. I will have a go round the forums and see if i can find the bit I was on about. Don't remember who wrote it but it was one 100 odd replies. So I will get onto that at the weekend.

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To be honest, you are lucky to have a date in January. Courts are currently booking dates as far in advance as April/May.

 

You are the witness for your case, and the witness statement is your side of the story written as if you were saying it in court. It is mainly based on the original points of claim, but expanded on to include references to case law etc.

 

Have a good look through the court bundle - what you need is to be able to explain your case, and to reference the documents in the bundle that back up what you are saying.

 

As usual, the statement will need to be broken up into numbered paragraphs - and headed with the case details. Have a look at the defence document, and use the same format.

Alan, Derby, UK.

 

 

 

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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  • 3 weeks later...

Thanks for that Stansfield5131. Bit late now I am afraid as I have to get it to court today. Thanks anyway and keep your fingers crossed for me.

I will keep updating, but dont hold out much hope. Had experience with the judges round here before a few years ago and they scare the **** out of me.

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I know its easier said than done Sharmal, but don't let it get to you.

 

Your not in the wrong!

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Well found an example of a witness statement on Abbey site. Realy worried now because mine does not look anything like that one. I suppose it is too late now to change it. Also should I not get a bundle from Cahoot. I have not received anything and go to court in 11 days.

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I'm on count down now 10 days to go. Still not received bundle from Cahoot, (Abbey National) not sure what to do. Phone Abbey or the Court, or just wait. I did fax Abbey that my bundle was in the post hoping to get a response but nothing. They have received it and signed for it. Ah well just keep waiting, hope they don't turn up on the 26th. nd I would love to send in Bailiffs, (love to be a fly on the wall when they went in as well)

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Hi Sharmal

 

I know how you must be feeling, but i'm sure they'll see sense and pay before the 26th. The ball is in their court now, and I can only assume the reason they haven't sent you their bundle is because they won't attend court (has the court told you Cahoot has submitted a bundle to them?).

 

We're all with you each step of the way!

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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I just phoned the court to find out if they have received a court bundle and they have received nothing since the AQ.. The lady said to wait until the hearing and inform the judge that I had not received anything. Surely if it gets that far I have won by default and Cahoot have broken the law by not obeying the judges order and should be punished.

 

nine days to go

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Also I did not stipulate on my claim form that I wanted the money paid by cheque to me. I have a couple of other debts with higher interest rates that I would like to clear first, is there any way I can make sure that I can get a cheque? I tried with Nationwide and they told me to p off because they were going to close my account with my charges. Owe them £165 and then that account is closed for good.

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Hi there Sharmal

 

I was wondering if you could help me, as you are just slightly past me in the stage that you are upto.

 

I too have a court date set after being passed to the small claims fast track thingy-ma-knob, and I too am sh*ttin myself a bit because I am worried I do not have all the correct information and documents.

 

My court date is set for February the 23rd, but I am supposed to pass the court all the documents I will rely on before the 9th February

 

AARGGHHH !.......hahah.....

 

Please Help me..

 

Is there any chance I could take a look at your court bundle and witness statement to see how you have set it all out.

 

Also, what other documents or past cases have you included.

 

Any help would be greatly appreciated.

 

Thanks

 

Hope to speak soon

 

Paul

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Paul I don't think Igot mine quite right. I was not happy with it and then fter I had taken it to court and started trawling round the Abbey Site found some examples. I will go and have a look and post the relevant on here.

 

The main thing is to have all your correspondance with the right statues or law you are relying on. The court bundle in the Library is a good place to start. Same place you got your templates for S.A.R - (Subject Access Request), LBA etc

 

On the Abbey site there is a bit that says Examples of WitnessStatements/Disclosure by List/Draft Directions/Cse Summary which looks quite helpful by Sticky. I did not see this when I did my Bundle but hope it helps you. It is the third thread down.

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Hi Sharmal

 

Thanks for your reply

 

When you talk about the Abbey Site, what do you mean?? The actual Abbey National Site...??

 

haha sorry for being thick

 

Can you point me in the right direction please

(post a link up)

 

Cheers

Paul

 

NB: I Have downloaded the Court Bundle from the Library now and am looking through it. Cheers

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hi sharmal

 

to the best of my knowledge, payment by cheque must be made clear in your particulars of claim. in the likely even they settle, you have to accept it if they pay it into your account.

 

i believe i'm correct in saying this.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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