Preparing court bundle *** WON ***

[natwesttookmymoney]

Hi, Persian

 

re your AQ problem and the 'experts' - what EXACTLY did the letter from the Court say?

 

Westy

[natwesttookmymoney]

Hi, Persian

 

Don't worry about he expert's report. With any luck, you didn't tick 'yes' to 'are you calling any expert witnesses', coz you aren't!

 

All the info you need is in the court bundle, which you can find here (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html).

 

Scroll down to the bottom of Bookworm's frame and you'll see it as a zip-file download. click it and - hey presto! - it will download onto your computer. You will then have the unbounded joy of printing off three copies - one each for you, them and the court.

 

BUT - don't do the printing just yet. Famliarise yourself with the contents - the case law is especially groovy - and identify and highlight the bits you may wish to use.

 

What will you use it for?

 

Probably to help other people on this site, because the chances of you actually going to court are pretty low. But it's nice to know your stuff, anyway.

 

Other bits you may wish to include in your bundle file are Sir Fred Goodwins evidence to the House select Committee and a transcript of Peter McNamara on the Money Programme. They're both around somewhere.

 

Hope that helps

 

W

[natwesttookmymoney]

Guido - you beat me to it by two minutes!

 

that's coz I can't use one word where 10 will do just as well.

 

 

Westy

[natwesttookmymoney]

Hi, Shell

 

A CPR Part 18 request is not normal in the Small Claims Court.

 

How much are you claiming? What's happened in your claim so far?

 

Westy

[natwesttookmymoney]

You can if you like, but they wont answer any questions.Only the court can make you/them answer cpr 18,so unless the judge orders you or them to do so you'd be wasting your time in my opinion.If you followed the advise given by CAG in you POC you have already asked for disclosure and that should be enough. Get your court bundle ready and send it off, that'll show them your prepared, settlement cheque will follow, maybe even before you submit your bundle, lots of media coverage on unfair bank charges right now.I understand banks are settling quicker.Good luck.

 

Hi, Persian

 

You're right in a way - rather than answer questions, they will settle.

 

A CPR Part 18 request is not only possible, it is essential in fast track and multitrack - there's no getting away from it there. Hence I asked what size the claim is.

 

The court ordered disclosure by March 9 in my case: I sent a CPR Part 18 request on the 7th Feb, with a deadline of 21 Feb. It was on that very day that I got my cheque - so definitely not a waste of time, in my opinion.

 

But I agree about preparing the bundle. If they hadn't settle that the order application may not have made it through before the disclosure deadline. Just shows - I should have sent it earlier!!

 

Westy

[natwesttookmymoney]

Hi Westy

Imagine me giving advise, just a few weeks ago I was sooooooo timid. Now I'm a little tiger.

 

Aren't you, just!

 

W

[natwesttookmymoney]

It certainly is!

 

And suddenly you find you have more 'essential things to pay for' than you'd realised.

 

One's family is very helpful in that regard.

 

W

[natwesttookmymoney]

Hi, Persian

 

I said to Cobbetts that I wouldn't discontinue until I was in receipt of cleared funds. They agreed to that. If I was you, I'd give them a call, let them know what's going on - no need for eye-watering details, just that they're now saying they'll send you a cheque and you can't be certain when you'll receive it - or when it will go through and you have cleared funds. But, as soon as you do, you'll discontinue. Be pleasant but make it clear that this is not over until you have the readies, in your hand or in your account.

 

You don't have to make any observations about their honesty whatsoever but I can say, with enormous confidence, that I have very little confidence in their admin systems doing the job within the timescale.

 

In short - no, I would not send the Notice of Discontinuance. Not until you have the money.

 

I agree - they could have put the steps in process the day the cheque was deposited. They didn't, which was entirely predictable, and is an indicator of why I don't trust the systems.

 

(With all due respect to Nattie, who is an ace bloke)

 

On the other hand, I do have some confidence in Cobbetts. They won't turn you over and I detect, from time to time, notes of patience stretched ever-so-thinly in their voices and words. They probably won't be anywhere near pleased to hear your news but expect them to understand your position. Maybe drop them a line in confirmation.

 

Best wishes

 

Westy

[natwesttookmymoney]

Thank you, Persian, that's very kind.

 

Next time I go into Waterstone's I shall shout, very loudly

 

"Oi! Why ain't you got any books of mine in here??"

 

Do you think it will help me get a contract?

 

W