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Basic court bundles


Guest louis wu
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Hi all

 

so my court bundle was recieved by Abbey and my local court on 9th May, does this mean that Abbey now have 28 days to submit their paperwork? and normally how long does it take after you submitting it before they make an offer? Hopefully not too long:D

 

 

Brownie24

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Hi all

 

In light of the recent Lloyds success am just concerned as to whether I should have included a copy of my current account contract in the bundle? In the judgement the the judge admitted that he'd been given insufficient evidence by both parties!! If my case is taken this far I want to ensure that I have all the necessary required info to hand, so should we now be including terms and conditions in our court bundles?

 

Also how could we get hold of our orgininal contracts?

 

Brownie24:)

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Guest louis wu
Anybody know how to download the Nicole Rich Australian report all I seem to get is a Domain site, and do I really need this report to include in my statement of evidence. Many thanks.icon5.gif

 

 

No, In my opinion you don't really need it, but if you want it, try googling it and see what happens.

 

Louis

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http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html

 

The following quote was taken from the above link:

 

This case shows that it is for the Claimant to prove the claim. That means that you must have the terms and conditions in your court bundle. In fact, you really ought to have the terms and conditions that have applied to your account in various amended forms for the whole period for which you are claiming charges so that you can show that there has always been a contractual term that requires you not to go overdrawn or exceed an agreed overdraft limit.

 

 

Just thought this might be useful for us all to know and make sure that we include this in our court bundles so that we have all angles covered. Does anyone have a copy of the Abbey's t&c available?

 

Brownie24:)

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Guest louis wu

Post 79 of this thread has some good info

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/83144-jules1973-abbey.html

 

and is something worth adding to your bundle, and in Newbody's signature is a link to the T&C's going back years, so you should be able to find the ones that applied when you opened your account as well. I think it may be worth adding the original and current ones (at least the charges bits) to your bundle

 

Louis

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Hi

I'm newto this forum but have read this thread with interest as we have had our court date set for 7th August .. seems a long way off but will probably come round very quickly! The time allocated for our case is no more than 1 hour! Is this normal as others seem to only have 10 minutes allocated?

 

Also, I think I've made a mistake with the costs claimed, in that the original statement of charges claims includes interest they charged in the early days of my having my account and going over the overdraft. Can I amend this when recalculating my charges claimed to put into the court bundle, or will I have to stick to my original amount? I'm a little worried as they have submitted quite a big defence to my claim, and am concerned that they might have picked up on this error?

 

I'm hoping that like with other cases, they settle before it gets to court, but knowing the way my luck runs, they'll probably turn up and I'll get thrown out of court!

 

Any help or advice would be very much appreciated.

Regards

Lillywhizz

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Hi All,

 

I've just joined the site today as I received a Court date on Friday for 9 August 2007. Its worth saying now that I was not asked to fill in an AQ. After Abbey filed their defence, I received a letter from Northampton advising that the case will be transferred. I then received notification from Manchester County Court advising the case has been transferred there and the line in the letter that would be asking me to complete an AQ had been crossed out. I then heard nothing for several weeks and out of the blue on Friday, I received a date for the hearing. Has this happened to anyone else?

 

I've got until 20 June 2007 to get all the documents to the Court and Abbey - am I being stupid in presuming I send the stuff for Abbey to my branch?

 

I'm going to make a start on going through everything this evening. Do I just need to work my way through the zip file (amending where necessary) and send all the letters that have been sent by Abbey and me along with copies of the bank statements? I know each page needs to be numbered and have my case number etc. on (I was thinking of producing a load of labels so I can stick these on my bank statements etc.).

 

Sorry if I'm sounding really dim here but it'll help to have some basic advice from people who have been through the process already!

 

Many thanks,

Nic

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attention of louis wu and anybody who could help

 

so let me get this straight, if i print off the court bundle zip file (deleting the italics) and then add my own documents i.e statements, charges ect

thats my court bundle? i dont need to delete stuff and just keep the relevent stuff for my case? its just some of the 'relevent cases' seem irrelevent? but i havnt a clue on the legal sides of things !!!

i havnt been issued a court date as yet, just waiting for the letter off the court but im wanting to get all my ammo together as growing numbers of cases are failing,

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Hi

I'm newto this forum but have read this thread with interest as we have had our court date set for 7th August .. seems a long way off but will probably come round very quickly! The time allocated for our case is no more than 1 hour! Is this normal as others seem to only have 10 minutes allocated?

 

Also, I think I've made a mistake with the costs claimed, in that the original statement of charges claims includes interest they charged in the early days of my having my account and going over the overdraft. Can I amend this when recalculating my charges claimed to put into the court bundle, or will I have to stick to my original amount? I'm a little worried as they have submitted quite a big defence to my claim, and am concerned that they might have picked up on this error?

 

I'm hoping that like with other cases, they settle before it gets to court, but knowing the way my luck runs, they'll probably turn up and I'll get thrown out of court!

 

Any help or advice would be very much appreciated.

Regards

Lillywhizz

 

 

Hi

 

You need to start a new thread click the following linknewthread.gif

You will get all the advice you need. ;)

:madgrin:

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jus got my court date 18 july not bean asked to send any thing in to the court got a judge harrison allocated to small claims track preliminary hearing after advice on whot to do and if any one knows if abbey will crumble or do i have to take it all the way and dry clean my suit

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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

hi is there any chance you could also send me the court bundle too. i am having a problem viewing it. i think this site could give you a job. i was not going to go through with it all until i read your post

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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

hi is there any chance you could also send me the court bundle too. i am having a problem viewing it. i think this site could give you a job. i was not going to go through with it all until i read your post

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Hi Guys,

 

I would lke some advice I have just submitted an online claim and am a bit nervious about the next step I have just read about the court bundle and the way banks back down when they know you mean business, am I right in asuming that you submit the claim first then the banks will ask for this court bundle if is the correct procedure then not I fear might have lost even before it has began.

The other question I would like answered is if this deos go to court is it usally a local county court that this case is asigned to, I haven't got experience in this kind of thing so please excuse my questions. I have read some of the posting and they all seem postive however I am doubt wheter I would have gained enough knowledge to defend my case if this went all. Does any one know if the banks actually work out the true pre estimate before they offer a partical settlement or will they submitt a response online ojecting to the amount claimed.

 

Thanks for your help

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You will not need the court bundle untill you receive a court date to attend the court, this I think will be somewhere further down the line and will be at your local court. I think you will find the Bank may make an offer of what they hope you will accept. My advice would be to stick out for the full amount you are claiming. I know the folk on this site are really helpful and everything you need is here just take a bit of time to go through it. The best of luck...

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Guest louis wu

Superfly,

 

Georgie is right. Just wait for the court to contact you, and follow the instructions given.

 

The first step will be an acknowledgement, followed a couple of weeks later by the banks defence.

 

After that, you may, or may not, be asked for an allocation questionaire, if you are, the info is here, and its a straightforward document (some courts are using them, some aren't, its just a random thing for bank claims at the moment)

 

After that, will be the court bundle stage, so you've got plenty of time to research what you need.

 

Good luck

 

louis

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wow i have really enjoyed reading this i am the same as you all, court date 7th july by the way how did u get on did you have to go to court or not?

i too am scared as i am a weak person and very nervous but im not letting abbey get away with over 6 thousand and it was taken out of my dissability as well, i too am so mixed up with this court bungle idosent make any sence to me either, but ur posts are great and i just print it all all the long names and about goods etc have i got the right page? any help or advice greatly appreciated tyvm

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