Business Accounts ***WON***

[LizzyBee]

Need Help Please.

 

Following Directions received.

 

District Judge A S Jones has considered the statements of case and AQ's filed and allocated the claim to the multi-track.

 

Any party affected by this order may apply to the court to have it set aside, varied or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order by 4.00pm on 24th May 2007.

 

1. The claim is being transfered to the Civil Trial Centre at Coventry County Court where all future applications, correspondence and so on will be dealt with.

 

2. It is recorded that the Defendant has indicated willingness to mediate the Claim but that the Claimant is not willing to mediate. The Court at trial may require a party to justify any decision not to mediate, and, if it considers that decision inappropriate, take it into account when considering costs.

 

3. By 4.00 pm on 31 May 2007 the Claimant is to provide the Court and the Defendant with a written schedule setting out:-

 

a) Details of each and every statutory provision, regulation or contract term upon which the Claimant relies to demonstrate that the charges should not have been levied by the Defendant and:

 

b) Details of the facts upon which the Claimant relies to demonstrate that the charges are unfair or otherwise wrongfully levied by the Defendant.

 

4. The Claimant shall give to the Defendant standard disclosure of documents relating to special damages with a disclosure statement no later than 4.00 pm on 25 June 2007.

 

5. All requests for inspection of (or copies of) documents must be made by 4.00 pm on 2 July 2007.

 

6. The parties mutually disclose by 4.00 pm on 23 July 2007 the signed statements of all witnesses of fact on whose evidence they intend to rely together with any notices to rely on hearsay evidence. (No party may adduce the evidence of any witness of fact whose statement has not been disclosed unless the trial judge gives special permission).

 

7. No expert evidence being necessary no party has permission to call or rely on expert evidence.

 

8. Each party must file a completed Listing Questionnaire (pre-trial checklist) by 4.00 pm on 6 August 2007. The parties must file with their listing questionnaires a succinct case summary and schedule of issues (which they must seek to agree), and if any party seeks leave to call oral exper evidence, copies of the relevant reports and any joint statements and/or replies to questions.

 

9. The claim will be tried during the 3 week period ("the trial window") commencing on 17 September 2007 to 5 October 2007. The provisional time stimate for the trial is 1 day and the parties must inform the court if that estimate varies.

 

10. The parties are reminded of the provisions of the Practice Directions to [CPR 28 (Fast Track)] [CPr29 (Multi Track)] concerning variation of direction and failure to comply with directions, and in particular of the time within applications to the court should be made.

 

 

caro and zoot I would very much appreciate some contact regarding the above.

 

Thank You

 

Lizzy

[zootscoot]

Hi Lizzy,

 

Very interesting. I'll get back to you on this.

 

Zoot

[caro]

You know I'm not as legally astute as Zoot, but you have my email address if you want to get in touch.

[LizzyBee]

Thank you caro I very much appreciate your offer and may well take you up on it when the time comes. Zoot contacted me and said that Bankfodder wanted to speak to me regarding the claim. I am expecting a call in the next couple of days, I will update you as soon as I know anything.

 

One thing you may be able to answer for me. As you know I am doing this claim for a very dear friend of mine. All the paperwork so far has been in his name. However I know that there is no way he would be able to stand up in court and state his claim. I am more than willing and capable (I think) of doing it. Is there anyway that I can now get my name included as his representative without disrupting everything.

 

I would appreciate any info you can give me on that.

 

 

Regards

 

Lizzy

[caro]

I understand that you can be what is known as a McKenzie friend or litigants friend and just go with him on the day and speak for him. Perhaps when you submit the bundle you could just include a letter from him stating that this will be happening.

 

I don't think you could change the paperwork to reflect this, unless you were a paid professional.

[zootscoot]

Hi Lizzy can you pm me your email address.

[LizzyBee]

Hi everyone.

 

Just to say that my friend received an offer of £10.5K today which he is going to accept. Not the outcome I wanted, I was quite willing and in an odd way quite looking forward to taking the claim to the wire. However it is his money and he has made his decision.

 

Can I take this opportunity to thank everyone, especially caro and zoot, for all their help and encouragement. A donation will follow in due course.

 

I can now concentrate on my own claims against Yorkshire and Abbey.

 

Once again many thanks to you all for your help and support.

 

Best Regards

 

Lizzy

[caro]

I was looking forward to coming to court with you Lizzy, but maybe we can do it on your claim. If your friend is happy with the outcome that's the main thing.

 

I can understand him settling now rather than waiting months and risking the case in fast track. Did he get all his charges, and just lose the interest?

 

Oh and congratulations. Don't sign the discontinuance until you get the cheque.

[higggy]

Hello Caro, Zoot, Lizzie and anyone else who may be able to advise me.

 

I am claiming 11K as a Limited Company against YB and am at the AQ stage and have been asked to complete N150. My confusion is:

 

1. should I try to go for small claims

 

2. should I use the Draft Order for Directions as suggested by GARYH and Bankfodder in the General - New strategy for AQs posts 2 and 3

 

3 Do I request an order of Standard Disclosure or use the special directions outlined by GARYH which requests that the case be taken to small claims

 

I thought everything was pretty clear until I have read a few threads and now I'm a little worried about making the correct entries on the AQ.

My thread is in Yorkshire Bank section HIGGGY V YORKSHIRE BANK, and if you read this you will notice that I have submitted a N244 to amend the POC. My AQ has to be submitted by 7th June (Thurs).

Does anyone know that if the judge accepts my N244, will the AQ have to be re-submitted?

[hels bells]

hi lizzybee

 

well we wait with baited breath ,,, !!!!v what has happend. ?????????/

 

hels bells

[hels bells]

sorry did not turn the page ... well done xxx