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chelli v ABBEY £6k+


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Has anyone filled in a standard disclosure N265???????????????????????????????

i have not got a clue?????????????????

please help

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Re: chelli v ABBEY £6k+

i have recieved my court order and really need some help. i have been allocated to fast track and the judge has ordered that

1. Each party give to each other standard disclosure of documents by serving copies together with a disclosure statement by the 2nd aug 2007.

documents = court bundle? disclosure statement= list of dates+contents?

2. witness statement by the 13th sept 2007 ok with this one found a link

3. Each party shall serve any request for clarification or further info based on any documents disclosed or statement served by another party ?

4. completed pre-trial check lists shall be sent to the court by 25th oct 2007? pre-trial review in the first two weeks of DECEMBER 2007!!!!!!!! HELP PLEASE!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!

michelle

 

All you need at this stage is a disclosure list - along with a disclosure statement. This is a list of all the documents, correspondance and evidence, etc. which you intend to rely upon in court. So list all the contents of what will be your court bundle, basically, although you don't need the actual copies of the documents at this stage. Just the list of them.

 

A disclosure statement is form N265 - http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

N265;

 

I the claimant,

 

Date of order,

 

Ignore the 'did not search' bit,

 

I carried out a search...... "all necessary documents relating to the claimants claim as detailed above have been searched for and are hereby disclosed"

 

Ignore the rest untill the sig box

 

I have control of the documents numbered and listed here..... "please find the claimants full disclosure list attached to this form"

 

'N/A' the other boxes

 

Then attach your disclosure list to the back of the N265 and send one copy to the court, one to Abbey and keep one for yourself. If you'd like to post the contents of your disclosure list here I'll check it and see if there is anything you need to add before you send it.

 

Leave the witness statement and everything else for the time being, we'll sort that out nearer the time.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Garyh

Thank you for replying to me - you dont know how stressed i i am getting.

I had completely misunderstood the court order thinking that i needed to send the court bundle- Well never mind it virtually finished now.

Here is my list- see what you think. The only thing i havent put in yet is T&C - read some where that they are not needed for Abbey cases.??

 

File Ref ... . Date ....... Description ......................... ......................... No. of pages

 

(A) 26- 02-07 Letter: Request for list of bank charges to Abbey from xxxxxxxto Abbey - 1

(B) 09-03-07 Letter: Abbey acknowledgment of (A) from Pam Speed to xxxxx - 1

© 18-03-07 Letter: Request for repayment of charges to Abbey from xxxxx to Abbey – 2

(D) 23-03-07 Letter: Abbey response to © from Andrew Nanson to xxxxx - 1

(E) 02-04-07 Letter: Letter Before Action to Abbey from xxxxx to Abbey - 2

(F) 17-04-07 Letter: Abbey response to (E) from Richard Harris to xxxxx - 1

(G) 02-05-07 Court Document: Copy of County Court Claim form issued by Claimant - 2

(H) 04-05-07 Court Document: Notification of Acknowledgment of Service - 1

(I) 10-05-07 Letter: Abbey Gesture of Goodwill from Phil Archer to xxxxx - 2

(J) 15-05-07 Letter: Claimants Response to (I) from xxxxxx to Phil Archer - 1

(K) 15-05-07 Letter: Claimants Response to (I) from xxxxx to Abbey Complaints Team - 1

(L) 18-05-07 Letter: Abbey response to (K) from Richard Harris to xxxxxxx - 1

(M) 25-05-07 Letter: Claimants Response to (I) from xxxxxx to Redditch County Court - 1

(N) 30-05-07 Letter: Abbey copy of defence from Abbey to xxxxxxx - 5

(O) 01-06-07 Court Document: Notification of Defence Filed by Abbey - 4

(P) 06-06-07 Court Document: copy of allocation questionnaire from xxxxxx to Redditch County Court - 7

(Q) 15-06-07 Court Document: copy of allocation questionnaire from Abbey to xxxxxxx - 6

® 04-07-07 Court Document: Notification of date for returning pre trial checklist - 3

(S) 16-07-07 Letter: Abbey response to (K) from Claire Farmer to xxxxxxx– 2

 

2. Authorities

 

 

...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking and bank statements provided by Abbey

(BB) – Relevant Case Law to Penalty Charges – 3

(CC) – Early Day Motion from The House of Parliament – 1

(DD) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 – 2

(EE) – Unfair Terms in Consumer Contracts Regulations (1999) - 10

(FF) -- Unfair Contract Terms Act (1977) - 9

(GG) -- The Supply of Goods and Services Act (1982) - 13

(HH) -- Office of Fair Trading Statement Summary – 3

(II) -- BBC Commission Conclusion- 1

(JJ) – Report by Matthew Taylor MP regarding Bank charges(2007)- 1

(KK)—Report by Ian Pollack, Personal Finance Reporter for BBC News regarding unreasonable Banks – 3

(LL) – Transcript of Peter Mcnamara interview (Sept 2004) - 2

Statement of Truth

I believe the facts stated within this xxxxxxxxxx to be true and comprises of xx pages.

 

 

Dated this day of 2006

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You should include T&C's, although they're not as crucial for Abbey as some of the other banks as Abbey admit the charges arise from a breach of contract.

 

Some amendments/additions;

Claim Number: XXXXXXX

In the XXXXXXX County Court

 

[You]

-and-

Abbey National Plc

_________________

 

DISCLOSURE LIST

_________________

 

 

File Ref ... . Date ....... Description ......................... ......................... No. of pages

1. General

 

 

(A) 26- 02-07 Letter: Request for list of bank charges to Abbey from xxxxxxxto Abbey - 1

(B) 09-03-07 Letter: Abbey acknowledgment of (A) from Pam Speed to xxxxx - 1

© 18-03-07 Letter: Request for repayment of charges to Abbey from xxxxx to Abbey – 2

(D) 23-03-07 Letter: Abbey response to © from Andrew Nanson to xxxxx - 1

(E) 02-04-07 Letter: Letter Before Action to Abbey from xxxxx to Abbey - 2

(F) 17-04-07 Letter: Abbey response to (E) from Richard Harris to xxxxx - 1

(G) 02-05-07 Court Document: Copy of County Court Claim form issued by Claimant - 2

(H) 04-05-07 Court Document: Notification of Acknowledgment of Service - 1

(I) 10-05-07 Letter: Abbey Gesture of Goodwill from Phil Archer to xxxxx - 2

(J) 15-05-07 Letter: Claimants Response to (I) from xxxxxx to Phil Archer - 1

(K) 15-05-07 Letter: Claimants Response to (I) from xxxxx to Abbey Complaints Team - 1

(L) 18-05-07 Letter: Abbey response to (K) from Richard Harris to xxxxxxx - 1

(M) 25-05-07 Letter: Claimants Response to (I) from xxxxxx to Redditch County Court - 1

(N) 30-05-07 Letter: Abbey copy of defence from Abbey to xxxxxxx - 5

(O) 01-06-07 Court Document: Notification of Defence Filed by Abbey - 4

(P) 06-06-07 Court Document: copy of allocation questionnaire from xxxxxx to Redditch County Court - 7

(Q) 15-06-07 Court Document: copy of allocation questionnaire from Abbey to xxxxxxx - 6

® 04-07-07 Court Document: Notification of date for returning pre trial checklist - 3

(S) 16-07-07 Letter: Abbey response to (K) from Claire Farmer to xxxxxxx– 2

(T) -- Copy of bank statements printed from online banking and bank statements provided by Abbey

(U) -- Latest Schedule of Charges

 

2. Authorities & Legal Materials

 

 

...........Description ......................... ......................... .............No. of pages

(2A) – Relevant Case Law to Penalty Charges – 3

(2B) -- Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79

(2C) -- Director General of Fair Trading v First National Bank [2001] UKHL 52

(2D) -- Castaneda and Others v. Clydebank Engineering and Shipbuilding Co. Ltd. [1904] 12 SLT 498

(2E) -- Murray v Leisureplay [2005] EWCA Civ 963

(2F) – Unfair Terms in Consumer Contracts Regulations (1999) - 10

 

3. Evidence

 

 

(3A) -- Account Terms and Conditions

(3B) -- Competition Commission Report, Oct 2006. Appendix's 4.6 & 4.10

(3C) -- Australian Default Fees Report, 2004.

(3D) -- Data Processing Company UK Price List

(3E) – Early Day Motion from The House of Parliament – 1

(3F) -- Office of Fair Trading Report April 2006

(3G) -- BBC Commission Conclusion- 1

(3H) – Report by Matthew Taylor MP regarding Bank charges(2007)- 1

(3I)—Report by Ian Pollack, Personal Finance Reporter for BBC News regarding unreasonable Banks – 3

(3J) – Transcript of Peter Mcnamara interview (Sept 2004) - 2

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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:D thanks so much for the help - it is really appreciated. I will let you know how i get on - speak to you after the 2nd aug.

thanks once again

michelle x

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:o tell me about !!

There i was sat at my table, surrounded by millions (ok three hundred);) sheets of paper and totally frazzled, when the news reader started rattling on about bank charges!!!!!!

i didnt know whether to laugh:lol: or cry:cry:

Thanks for your help - just to know some one is watching out for you is great

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Hi Chelli

 

Fingers Toes and everything else crossed for you - D-Day tomorrow then!

 

Sowerby - It is not an automatic suspension; the bank have to officially apply for a stay, or the Judge orders it on his/her own volition.

 

Thats my understanding anyway ;)

 

Best regards

 

Jo xx

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:)

My case: On the 21st June 2007 the district judge ordered that

1. claim is allocated to fast track

2. The parties shall give disclosure of documents together with a disclosure statement by 4pm thursday,2nd august

with a request to see original documents by 16th august

3. each party to serve the witness statements by 13th september

4. completed pre-trial checklist shall be sent to the court by 4pm, 25th october

5. case to have a pre-trial review in the first two weeks of december (date to be fixed) with a time estimate of 10 mins

6. Trial to take place within the trial window of monday,7th January 2008 to friday,25th january 2008 with a time estimate of three hours

7. Because this Order has been made the courts without considering representations from the other parties, the parties have the right to apply to have the order set aside, varied, or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

I am trying to ring the courts as i am typing now, will let you all know later.

Thanks for the support - but i dont think i am out of the woods yet

michelle x

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Just rang the courts - Was told that Abbey had NOT submitted any standard disclosure (suprise suprise!) and they had NOT applied for a stay on the case!

So what do i next ?

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does this oft case not suspend your case at court then?

No business as usual - my courts are still carrying on with my case, i just have follow the directions.

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Am subscribing to your thread Chelli! You're claim is similar in amount to mine although you have got alot further, alot faster than me! I've filed my AQ last week, which was due today, but don't know if Abbey have filed theirs or not. As abbey haven't complied with the judges order, I would have thought that they should be struck out? From what I've read through all the threads, they have to do what the court says, maybe I'm wrong?? I'll keep reading with interest. Good luck x

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hi chelli

 

there's a template letter on this site somewhere that you need to send to the court and shabbey sayin that the defendant has'nt complied with the judges order so therefore the defence should be struck out and judgment found in your favour.............but sadly i can't find the template.........if i find it or someone knows will post

 

good luck

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Hi chelli

 

I think this what you need:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html

 

It was set up originally for Lloyds, but seems to be appropriate to all the banks.

 

Hope that helps.

 

Best regards

 

Jo xx

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Grand Slam 2009

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Thanks for the advice - I think this is what my courts are hinting for me to do. As they did say that the banks always have to payout in the end. Printing the letter off now and i will take it round to the courts on monday morning ! ohh er really nervous now

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Am subscribing to your thread Chelli! You're claim is similar in amount to mine although you have got alot further, alot faster than me! I've filed my AQ last week, which was due today, but don't know if Abbey have filed theirs or not. As abbey haven't complied with the judges order, I would have thought that they should be struck out? From what I've read through all the threads, they have to do what the court says, maybe I'm wrong?? I'll keep reading with interest. Good luck x

 

Hi catchleen

Thanx for the support

You are best ringing your courts because Abbey have a nasty habit of submitting everything to the courts at the last moment.

I will have a read of your thread later:) keep intouch

good luck toooooooooooooooo

michelle X

p.s Everyone will be there to help you esp speedy fingers Ohoh4312

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i haven't sent the letter to Abbey re non-compliance as i feel that i would be a little ahead of the system and should really wait till after the court bundle stage. Is this correct or should i just go ahead with it?:confused: :confused: :confused:

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