Basic court bundles

[Guest louis wu]

Hi all

 

I have read (several times) all the details contained in the basic court bundle, and to be honest feel like a duck out of water. It really does seem like all the build up to this point has been a game, and suddenly the stakes have been raised well above my limit. (Dont take the 'game' comment literally, getting one up on the shabby is no game).

 

I accept, even if I dont understand, the need for the unfair terms in consumer regulation act 1999, Dunlop pnuematic tyre co. ltd. V New garage and moter co ltd and all the rest of the information, but what if the Abbey solicitor ASKS me to EXPLAIN any of it to the judge? In the words of Del Boy, I will look a right plonker!.

 

I am sure I am not the only person thinking this, and have searched many threads for similar worries, but cant shake the feeling that I am out of my depth.

 

Obviously I have come too far to let it go without putting my case to the court, as it appears Abbey dont want to make me any offers, but can someone please cheer me up and explain what I should say if the Abbey try to call my bluff on the day.

[gem4]

I know this may not be of any help to you but you're not the only one who feels out of their depth. I would regard myself as intelligent but all the legal jargon has me flummoxed sometimes.

 

Judging by other cases, it wont even get as far as court, and it's also unlikely that the judge would sit and read through every page you've submitted.......well I'm hoping so anyway

 

I'm just bluffing Abbey that I'm confident with what I'm doing to let them know they cant bully me into submission and I'm guessing I'm not the only one.

[Byron130]

Hi all

 

I have read (several times) all the details contained in the basic court bundle, and to be honest feel like a duck out of water. It really does seem like all the build up to this point has been a game, and suddenly the stakes have been raised well above my limit. (Dont take the 'game' comment literally, getting one up on the shabby is no game).

 

I accept, even if I dont understand, the need for the unfair terms in consumer regulation act 1999, Dunlop pnuematic tyre co. ltd. V New garage and moter co ltd and all the rest of the information, but what if the Abbey solicitor ASKS me to EXPLAIN any of it to the judge? In the words of Del Boy, I will look a right plonker!.

 

I am sure I am not the only person thinking this, and have searched many threads for similar worries, but cant shake the feeling that I am out of my depth.

 

Obviously I have come too far to let it go without putting my case to the court, as it appears Abbey dont want to make me any offers, but can someone please cheer me up and explain what I should say if the Abbey try to call my bluff on the day.

Can you let me know how you get on (or have got on?)

I'm scared to death and i'm seriously thinking of pulling out. I've got to the stage where they're defending the claim and i have to fill in the forms to send to the court for a date to be set. Any advice would be good if you have any. Thank You x

[Guest louis wu]

Byron,

 

I'm all done and dusted, full refund before court.

 

Abbey will defend the claim, they are entitled to do so. The question is though, will they see it through to court, and the answer is almost certainly no (I don't know of any claim so far that has gone that far, Abbey have always settled)

 

As to the court bundle, I think everyone feels the same when the first look at it. The thing about it is this, its very logical in the first instance, just a chronological list of correspondance.

 

Next comes the schedual

 

The legal bit can be tough. I found that the more I read it, the more I understood it. Ultimately though, its designed to look good to the courts and Abbey (as well as having sound legal fact), as it proves you are aware of the law and are prepared for court.

 

As to the other court forms, well, they are all in the templates library. They are pretty standard, but all need your details adding, and should be adjusted as necessary to fit your claim.

 

I would start a thread detailing where you are, and what your next step is. You will get laods of help, but more importantly, you should really begin to understand the legal side of things (we're not solicitors, but the basic principles are easy enough to understand if you give it time).

 

Your nearly there now, so don't toss the towel in. We have all felt this way from time to time, so theres no problem having these thoughts, but stick with it, after all, just look at all the millions paid back to thousands of people in the last year.

 

Best of luck

 

Louis

[charleyfarley]

To pick up louis' previous post, it's very illuminating to see the journey an individual travels in a very short space of time from a January post where he feels out of his depth to a March post, where he can grasp the points and arguments to the extent that he can advise and support others.

 

I'm not just referring to louis as an individual I'm talking about all of us in this situation and how we are able to develop and learn by reading the information and discussing the issues with others on here.

 

So my answer would be, keep reading, keep asking and if you put in enough effort then you will become sufficiently knowledgeable to enable you to overcome your concerns.

[Byron130]

Thank you so much for that, it gives me hope!

Glad yours is sorted now too!

[Guest louis wu]

Charley,

 

You couldn't have hit the nail any squarer on the head if you tried.

 

This site is an amazing source of knowledge help and support. I have always held the firm view that I needed to know what I am doing, and not just follow templates blindly. I admit, I paniced a bit with the court bundle, but tried to follow the thoughts of those that designed it, and found that although some of it was beyond me, the majority started making sense.

 

I got the help when I needed it, read all that I could to understand it, and in the end felt very comfortable with it.

 

Thats what, in my opinion, is what CAG is all about. Empowerment, self learning, and support when needed. Added to that lots of inspiration from other peoples threads, and the success stories, and you've got a very powerful medium.

 

I have got my money back, but continue to come back to the site to help others, not for personal gain/gratitude, but to give a little back in order to repay all those that took the time to help me.

 

Louis

[Mad Nick]

...... and if I could chip in, it helps no end when you know what the Bank's next move will be (probably !), and you can just laugh at their letters because you've seen already them on CAG with what others ahead of you in the process think of them. Otherwise, some of the letters would probably be threatening or intimidating enough to frighten people off. Regards, Mad Nick

[Byron130]

Hi again,

I'm owed £301.40 by Abbey and, until now, had been sent a cheque for £60 declaring it was "full and final settlement". I sent a letter back saying at no time had I EVER stated that £60 would be either adequate or a full and final amount for settlement and said I would accept it as 'part payment' of the full amount or send it back to them at their request. (I had a letter in repsonse saying they would 'look at my complaint' and get back to me within the next 4 weeeks!)

I then received the court N149 application form to fill out (it was at this point that I first left a message on here) I have now received another letter from Abbey offering £150, minus the £60 cheque they sent!

So, i'm about to write them a letter saying thanks but no thanks and i've filled out the court form and will post it today!

You're right about feeling more confident when talking to others who've been through it. It really means a lot to get an idea of what the outcome may be.

One thing I'd like to know is, did you get to the point where you had to send your court bundles off BEFORE Abbey backed down or did they not let it go that far?

Thanks again for your help and feedback, Byron.

[Guest louis wu]

I sent my court bundle....cost a fortune (well about £7.00).

 

They settled about 3 weeks before the court date, but there doesn't seem to be any set pattern, they settle whenever they get round to it.

 

Nearly there mate, well done:-)

 

Louis

[scousepie]

I sent my court bundle....cost a fortune (well about £7.00).

 

They settled about 3 weeks before the court date, but there doesn't seem to be any set pattern, they settle whenever they get round to it.

 

Nearly there mate, well done:-)

 

Louis

 

 

Hi Louis,

 

Did you send a copy to Abbey or just the court

 

Thanks

Dave

[Guest louis wu]

You need to get copies to both.

 

I posted the one to Abbey, and hand delivered the one to court.

 

Louis

[kjreils]

Hi LouisI have a court date set for 20 June 2007 so am also proceeding down this route. Unfortunately, I cannot seem to view the court bundle zip file, it is defaulting to Word but bringing it up in illegible code. Could you perhaps forward a copy to [email protected] Luck and just remember, judges and bankers and lawyers are all human - just like the rest of us.

[Guest louis wu]

Hello mate,

 

sent the email, hope you get it.

 

I never forget the human element, and as a consequence I am always polite to bank staff, whether in person or on the phone (I am polite to most peolple in fact), but the senior management need to remember that WE are human, and need treating with equal respect as well:)

 

Louis

[shazbaz]

Hi kjreils

I also have a court date for 6th june, I am so s c a r e d you would'nt believe were do I start ????HELP

 

THANKS SHAZZEY

[Guest louis wu]

Shez,

 

You must know by know that the chances of you actually having to sit before a judge are almost non-existant.

 

Just have another look at all the sucesses and if you have any worries, open a thread, write them down your problems, and people will help you solve them.

 

Try not to worry, thousands have gone before you, tens of thousands will come after you, and through it all we are all here to help each other.

 

Best of luck

 

Louis

[liverbird9]

Hi all

 

I am in court on 9th May and I am trying to get my court bundle together i just don't know which bits to add in the additional McNamara Interview, Competitions Communion Report or none or more any suggestions and do I

put it all in and number each page.

 

This is real scary stuff

 

Liverbird9

[Guest louis wu]

Just put in anything you feel will help. To be honest, its almost irrelevent as the chances of having to step foot in the court froom are very very slim.

 

It will all work out fine.

 

louis

[noobrider]

you will get an offer once you sbmit it to abbey

[liverbird9]

Hi can any one help i thought i had completed my court bundle but do i need to down load UTCCR 1999, UCTA 1977, SOGA 1982, and if so where do i get them from?

 

as in Bookworms Undex it says the above but gives no information where to get them from.

 

thanks if any one can help.

 

Liverbird9

[charleyfarley]

liverbird,

 

These are contained on Bookworm's basic bundle. I didn't llok for SOGA but certainly saw the other two

[phil4321]

What are you using to open the bundle on your computer? I'm using WordPad (and have tried others too), and even though bookworm said the link is fixed, i can only highlight it, which looks just great but is at the same time useless! The old bundle, which i have, has the 'http:// etc' so i could copy an paste and get at least 1 of them, but this new one has nothing!!

Any advice appreciated...Thanks in advance..

[liverbird9]

hi i used word but could not copy the index page so i just typed my own. going to send my bundle tomorrow just hope its ok.

 

Anybody else in court in Liverpool on the 9th May at 10am as its a block booking apparantly and says it should only take 10 minutes.

 

Good luck anybody who is going through this process.

 

Liverbird9

[pauldaddyadams]

Hi

 

Today I received a letter from the courts stating the bank intends to defend the claim.

 

I understand that I will need to fill in an allocation questionnaire once the court has sent it to me. At this stage do I need to send off a court bundle?

 

The court bundle I have downloaded is 40 pages long, is this the correct one and do I send it all without editing it? Do I need to send them any other information?

 

Paul

[kia]

hiya kia here me too sent in my AQ which was mire straight forward than it looked handed into the court woman expecting her to say you stupid woman thats all wrong and youll have to do it all again just like in my nightmares,Now i start with new nightmares about court bundles and feel about 7 years old again and unable to even tie my own shoelaces lol.Im still awaiting any sort of mail from the courts to say abbey filled in there form so ill ponder on these court bundles and probably panic next week and do some flapping lolxxkia