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Help please....got court date!!!


brownie24
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Hi all

 

Just wondered if someone could point me in the right direction as to what I am required to get together? I know about the basic court bundle which I am preparing, but am a bit concerned about Statement of evidence which I have to included - is this something seperate to basic court bundle? I think i saw a thread re. this but not sure?

 

The following directions apply to this claim:

 

1) The claimant shall within 28 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date amount and reason given (if any ) for that charge being made; I will enclose a copy of excel spreadsheet outlining charges for this.

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made; I will enclose the print off from my account that Abbey supplied me with following my SAR.

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; I am not sure what I should supply to evidence this???????

d) Copies of decided cases and other legal materials to be relied upon.I beleive this is the info covered in the basic court bundle link.

If the claimant fails to comply with this order, the claim will be struck out without further order - So obviously I am keen to get everything spot on so this does not happen!

Any comments would be much appreciated as I want to make sure I am including all the correct and relevant info.

 

Many thanks

 

Brownie24:-)

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All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Thanks for the link charley farley:)

 

7. The breaches of contract in this case relate to exceeding the contractually agreed limits of an overdraft facility, and having insufficient funds available to pay a direct debit or a standing order. Add an example of a charge incurred due to going over by a small amount, for example -On one occasion in June 2006, a direct debit payment was returned due to insufficient funds in my account. The shortfall was only one pound and nineteen pence. I was then penalised for this breach by way of a charge of £**. The claimant holds this charge and indeed every other charge in question, to be punitive in nature, and wholly disproportionate.

 

- I am struggling to find an example where my account only went o/d by a small amount! If i was to word the above example as follows do you think this would be ok?

 

On an ocassion in October 2001 several cheques were paid taking me over my agreed overdraft limit. This in turn triggered a series of £10 cleared transaction charges in November 2001 the total sum of which took me over my agreed overdraft limit again and which then triggered a £16.50 unauthorised o/d fee.

 

 

 

A lot of the charges I am claiming relate to £10 cleared transaction fees. Where DDs have been recalled I have already been overdrawn due to paid guaranteed cheques. To be honest this account was ran in a somewhat shocking order but at the time my boyf was made redundant!

 

Any advice as to how I should word the above would be much appreciated. Or could I simply leave point 7. out of the statement - how would this effect the validity of my claim/case?

 

Brownie24:confused:

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The least amount was for a dd returned for £26.54 but at this point I was £535.62 o/d already (my agreed limit was £500) due to cheques being paid and taking me o/d.

 

I just hope that the status and running of my account wont effect my claim? but I suppose at the end of the day we are arguing that the charges are dispproportinate.

 

It just makes it a bit tricky for me when trying to find examples and word things!

 

Brownie24:)

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Hi all.....is there anyone out there??????????

Would be grateful of any comments at the mo as I want to make sure I get things spot on and don't wanna mess up at the final hurdle!

 

Also wondered if anyone could advise on how I would go about adding my costs to the claim at this point - I have read somewhere that people have charged for their time - would i have to include a letter with my court bundle outling these costs? Is there a template for this anywhere?

 

Brownie24:)

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Hi KnellyK

 

There is life out there after all :D

 

Thanks for the link will look in to this now. Have you been successful against the shabbey Abbey?

 

Sorry if I seemed a bit anxious but at these final stages want to make sure I don't mess up:)

 

Brownie24

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Like everyone else here, I'm in the process of being successful ~ It's just that some are further on in the process than others! I've submitted my N1 and someone else had pointed me in the direction of the costs template for when I need it so I knew where to look!

 

Good Luck!

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