hells bells

[dar£n]

hel, did you sort your problem with the witness statement thingy ma jig?

[hels bells]

dar3n

 

i have pm Karnevil in the hope she might be able to help complete it, i have the one that was sent but not sure how or if to complete it as it has not been requested by the court .

 

thanks

he;) ls

[Glenn UK]

also i heard very late last night that the defence could submit a witness statement basically saying they do not have my data end off !! is this right ??

 

surely they would have to produce a policy which give a limited period of retention for my specific data request?

hels

 

In the face of the evidence you have ie your witness statement giving the dates, times and names of who you spoke to plus the two copy letters the bank are not in a strong position to simply say we dont have it now.

 

You have been told at least twice as i recall that they have your data and you have your notes.

 

If they say they dont have it now and thats their dfence then they are leaving themselves open to a claim for damages and prosectuon for desturciotn of data afdter it has been requested.

 

If they have destroeyd your data it must be inloine with their policy and sicne they have told you they keep it for 12 years then it would leave them open if they say they dont have it.

 

HTH

 

Glenn

[zootscoot]

Hi Hells Bells,

 

Your witness statement should start and end with the following and the contents should be numbered paragraphs setting out your points of claim thus far.

 

Could you just give me a brief summary of your claim so far. I note this is a directions hearing is there any reason you feel that a directions hearing may have been ordered?

 

case/claim No: [cLAim number]

In the [insert court name] County Court

 

 

 

[insert name]

CLAIMANT

-AND-

[insert name]

DEFENDANT

 

 

First WITNESS STATEMENT OF [insert name]

 

 

I, [insert name] of [insert home address] will say as follows:-

 

1.I am the CLAIMANT is this case.

2.I make this Witness Statement in support of my xxxxxxxxxxxxx

3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

Statement of Truth

I believe the facts stated within this Witness Statement to be true and comprising of xx pages.

 

 

Dated this day of 2007

 

Signed

[type name]

[hels bells]

hang in i will be back at 9 ish

hels

[hels bells]

As usual thanks for putting my feet back the groung Glenn, confidence is a funny old thing.

 

hels

[hels bells]

hi Zootscoot

 

i will try and be as brief with my situation as poss:

business account:

requested noticication of charges for 2003-03 should have then but cannot seem to locate them,

statements address personally to Mr & Mrs ...blogg and sent to our home address although a referrence is made to 'trading as' on the second line of the statement. Monthly statements can be ordeded just using account number and our names without offering business name, However having written all the usual request letters i received 20003-06 N o C hand typed on a computer meaning not copy statments [ they were fine in this format] when i questioned the remainder and orderd them directly for m Gadbrook PArk i was told twice my N C would be with me in 5 working days, however the a business team manager assined to our case stopped them or interfered enough for them not to there destination, ME. Having taken advise of Glenn i recorded the whole converstation, times, dates, names, what was said and i have used this as part of my evidience, i have other evidience too.

 

I completed a CPR part 8

 

The situation is now, court on Frid 13 for i believe a hearing as the letter from court states, i have received an acknolwedgement of service from the courts stating Barclays intend to defend the claim, i have not received a written defence, court is closed till Wed, i,m in Fri, not a lot of time to prepare against thier defence if one has been sent.

 

i have seached other threads but cannot find anything relating to N o C problems so any help or advise is welcome.

 

hels:)

[hels bells]

Zoo correction 200-003 statments not as stated above 2003-03, dur!

[zootscoot]

glenn

 

thanks for that, i will try to make it easier for you to guide me buy given you the info as i have it.

 

first letter sent by the courts 7 march says;;

 

TAKE NOTICE, that the hearing will take place on 13th April at 12.30,

when you should attend 10 mins has been allowed for the hearing.

 

second letter from the courts dated 27 March says:

The defendant filed an Acknlowledgement of service 23 March,

 

the defendant responded to the claim indicating an intention to defend all of the claim.

The defendant has 28 days from the date of service of the claim form with the particulars of claim, or of the particulars of claim, to file a defence.

The acknlowledgement was filed by the solicitors actin for the defednat who have given their following name as and address for service of documents

 

Barclays legal & Compliance

Litigation and Disputes

Blah Blah

 

does this shead any more light and what i need to do?

 

hels

 

Is this right the hearing is only scheduled for ten minutes?

 

How come you have got a hearing date before they have submitted a defence?

 

There shouldn't even be a directions hearing unless they have submitted a defence or is the defence in relation to a claim for your charges?

[Glenn UK]

Is this right the hearing is only scheduled for ten minutes?

 

How come you have got a hearing date before they have submitted a defence?

 

There shouldn't even be a directions hearing unless they have submitted a defence or is the defence in relation to a claim for your charges?

 

 

Zoot

 

Helen is going to ring the court 1st thing Wednesday when they reopen to find out if a defence has been filed, if it has then she Will have to ask for a continuance until she has had a chance to see the defence.

 

Glenn

[dar£n]

There shouldn't even be a directions hearing unless they have submitted a defence

 

This is what is been on my mind for a while with Helens case, it seems the court is giving B's far too many chances to defend, it should be "tough, you failed to submit by the deadline, Helen wins"

 

but saying that, it does still seem to be on the same std tracks as norm, so theres no reason why Helen should even think that she wont win this case, and I STILL think they WONT defend in court, they will settle like all the others.

 

Good luck for Friday Helen. x

[zootscoot]

OK I 've been reading up on part 8 claims and it appears that a defence is not required. The defendant must submit any written evidence they rely on with the acknowledgement of service. There is no judgment by default.

 

The claimant should have filed their written evidence with the claim ... did you do this?

[hels bells]

hi Zootscoot

 

i have spoken to the courts today [suprised they are open] they like you have told me no defence is required before the hearing, so i guess i will here what they have to say on the day.

 

Yes i did submit all my evidence with my CPR claim, but perhaps if i only have 10 mins for the hearing a W/S would be a good idea, i shall crack on with this now.

 

thank you for all your help,

[hels bells]

ps

 

i did recieve an acknowlegdment of service from B but there were no defence with it . did you say there should have been one Zootscoot ?

[hels bells]

i guess no judgement by default means i don,t win even if they don,t show up.

[dar£n]

i guess no judgement by default means i don,t win

 

heyyyyyy, only for the time being, YOU WILL WIN!!!

 

come on say it

I WILL WIN!!!!!!!!!

 

[hels bells]

dar3n ,

spoken to court today, and no defence sent but before you get excited it seems with a CPR part 8 they dont have too so i guess we shall all have to wait and see eh! watch this space.

[hels bells]

Glenn,

 

no written evidence has been received at all from the defence , see pm

 

hels

[Glenn UK]

Hi helen i have responded.

 

glenn

[hels bells]

hi Glenn

 

if you did not know already i am a complete nit witt, no others words to describe myself other than completely stupid, god i make myself so angry:mad: check your pm and delete please [to much detail] !!!!!!!

 

:mad: :mad:

 

please do all you can so the pm is not circulated. i am an idiot.

[zubo]

hi Glenn

 

if you did not know already i am a complete nit witt, no others words to describe myself other than completely stupid, god i make myself so angry:mad: check your pm and delete please [to much detail] !!!!!!!

 

:mad: :mad:

 

please do all you can so the pm is not circulated. i am an idiot.

 

keep cool Hels,

 

I cannot see how this is going to go in their favour with everything you have submitted and as Zoot says

The defendant must submit any written evidence they rely on with the acknowledgement of service.

 

Stay focused...

 

Z

[hels bells]

hi Zubo

i guess they can present it on Friday tho, as my CPR part 8 allows for no defence to be entered, i know the site states it should have arrived with the acknowledgement but it hasn,t , so perhaps they are allowed to bring it on Friday, which gives no time to prepare

[hels bells]

actually Zubo, Glenn seems to suggest that they cannot submit anything on the day and if they do ia can appeal so maybe its not so bad

[dar£n]

they cannot submit anything on the day and if they do ia can appeal

There is the argument that if they do submit on the day that you havent had the chance to prepare a counterdefence, however, this would depend on the attitude of the judge wouldnt it.

but unless they send it in before the hearing I really dont think that some representative from B's is going to go to the trouble of attending.

personally, I think you have nothing to worry about, but unfortunately this is my opinion and not the ground rules,,sorry

[Glenn UK]

dar3n

 

i think you are missing the whole point of Helen's claim it has nothing to do with money at the moment, its is for data, they have said they don't have the data, Helen has evidence they do have it.

 

So they may send her the relevant data but i think its just as likely they wont and will attend, banks have refused to defend claims for the return of charges because they don't want to have to reveal the unlawful nature of their charges, that risk is not present here.

 

Glenn