Urgnt Please Help Me

[beckie1984]

I am wondering if anyone could help me. I am in the process of taking my bank to court, my court date was for the 21st Feb next Wednesday but the judge has decided to strike out my claim saying that I have failed to file my documents but I did send in everything that I had (being copy’s of the letters that I sent to the defendant and my bank statements and my schedules) but he is say it is not enough, i think he wants me to provide evidence that the bank charges are unlawfull. Can anyone help me in anyway.

I have only got till friday to make an application DOES ANYONE KNOW HOW TO DO THIS!

 

Many Thanks

Beckie

[Glenn UK]

beckie have you got a thread with details of your claim on?

 

and did you send the court bundle from this site in?

 

Glenn

[beckie1984]

No i never did a tread for this one. i did a tread for one of my other banks that i sued but it didn't get this far.

 

No, what is a court bundle?

[BARTY]

Hi

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

 

I hope someone comes along with some advice for what you can do.

Barty:)

[binkhus]

you need to phone the courts and ask exactly what the judge needs to see it may be something very simple that you have just overlooked.

[beckie1984]

i did that first and they said that they couldn't tell me anything.

[GuidoT]

Oh Beckie - Post up, in full, the judges strike out order and the order that requests the documents and that should include the hearing date. I need to understand if it is an unless order or whether your claim has been struck out.

 

Has your hearing been cancelled for the day after tomorrow? I am confused as you say you have until Friday to make an application.

 

Is this your main thread?

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22585-come-lloyds-tsb-credit.html

 

Did you use the particulars from this site?

 

As you found out, the court staff will and cannot assist you here, we can though.

 

Although I need to reserve judgement, until you have answered the above, it is likely you are will need to prepare a court bundle, this link will guide you through it:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

This is not a quick exercise, it will take around a day.

[beckie1984]

i don't know how to get the letter on to this thread. can you help, it on my computer already i just don't know how to get it on to here.

[beckie1984]

this is the letter i got from the court, i had to wright it out as i didn't know how to get it on this thread.

 

 

 

Before DISTRICT JUDGE ATKINSON sitting at Leicester County Court, 90 Wellington Street, Leicester, LE1 6HG.

Upon reading the documents filed

And of court’s own motion

IT IS ORDERED THAT

1. The claimant having failed to file documents as set out in the order of this court dated 13th December 2006 by the 15th January 2007 or at all, the claim is struck out in accordance with the provisions of that order.

2. The hearing listed for the 21st February 2007 is cancelled.

3.This order has been made by the court of it’s own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

 

 

Dated 14 February 2007

 

 

[dolly]

what did the order dated 13th December say?

[beckie1984]

This is what they are asking for

 

 

The claimant shall by the 15th Januray 2007 file and serve:

(a) Copies of any statement or other document relied upon as showing that each and every charge repayment of which is sought has been made.

(b) A statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

If the claimant fails to comply with this order, the claim will be struck out without further order.

[beckie1984]

I know i sound a bit thick but i have had a look at the court bundle and i am just so confused with which way to go next and time is running out as i have only got in till this friday to get an application in to the court.

 

Is there anyone that can help me understand this mess i am in.

[aqua2]

OK, you said you have sent all of your documents to the court, it is possible that they have not recieved them, or if you have not included the court bundle it is possible that the judge could not see your full arguments.

 

You now need to complete an application, (look in Bank Templates Library, Form N.244).

 

Asking that the case be re-instated, giving you a further 14 days to file documents and request a new trial date.

 

You will need to explain why you need this, so if you have already sent the documents explain this, if you have missed the court bundle or anything else, explain that you now have these ready.

 

Try and explain that as you are a litigant in person it is possible you may have missed some elements, but have now taken advice to ensure you have the correct documents etc...

 

I would imagine someone on the site who has sent in an aplication for whatever should be able to help you with this argument.

 

Good luck.

[GuidoT]

I have not had this situation before, hence my silence. We usually catch it before it gets to this stage.

 

I have asked a site helper to assist you, I hope they can. Meantime do not do what aqua2 states.

[GaryH]

I'm working on the wording for the N244 form now. In the meantime, edit this statement of evidence to suit your claim and print off a couple of copies - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

[GaryH]

Here's the N244 form - http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf

 

N244;

Top left hand box:

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) sets aside the order to strike out my statement of case made by district judge ****** on **/**/**.

 

(because....)the non-compliance of the initial order which resulted in the order to strike out was caused by a mis-understanding on the part of the Claimant.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

I hereby respectfully request that the order of **/**/**, which strikes out my statement of case, be set aside.

 

I wish to offer my sincerest apologies to the honourable court for my non-compliance with the order of **/**/** [date of initial order].This was due solely to my misunderstanding of the requirements of the terms of the order. I submitted documents on the **/**/**, these documents consisted of {bank statements, schedule of charges and .....}, and it was my belief at the time that such documents were what were required under the orders terms.

 

Since receiving the subsequent order of **/**/**, and thereafter taking advice, I now understand that I should have provided a statement which documents my own evidence in respect of the basis of my claim in law and fact, rather than solely the bank statements which were previously submitted.

 

Please find attached herewith the documents as required under the terms of the initial order. These are;

 

a) bank statements to show that the charges have been made;

b) statement of evidence that charges made are disproportionate contractual penalties

 

In view of the fact that I am a litigant acting in person in this claim, I respectfully request that the court allows this application to set-aside the order so that my claim may proceed in accordance with the overriding objectives.

Get it in to the court in plenty of time, along with the statement of evidence (as linked in post above) and bank statements. I'm not sure whether or not your obliged to serve a copy on the defendent, but I would do so just in case.

 

There's no gaurantee that the judge will allow it, and there is a possibility you'll have to go to a hearing, but you've got a good chance of getting your claim back on track.

 

If your not sure of anything just shout.

[beckie1984]

can anyone help with getting the N244 form as the link above does not work for me

[GuidoT]

Try here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[lucid]

PM me with your email address beckie. I'll email it to you.

 

Lucid

 

EDIT: Sorry Guido - crossed posts. If the new link will not work then feel free to PM me.

[GuidoT]

Absolutely no need to apologise Lucid.

[beckie1984]

hi lucid

 

i tried what guido posted but it keep throwing me out of it saying the internet has occurred a problem and needs to close

[GuidoT]

Edit out your email address, I have it now.

[lucid]

OK Beckie I've emailed you. You should edit your above post and take out your email address - I'm sure you don't want it available for ervybody to see.

 

Lucid

[beckie1984]

Thank Q both very much for that N244 form, your life savers.

[GaryH]

Any news on this Beckie?