Jump to content


Help needed - With Hearing documents


Karish
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5375 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi.

 

I have recieved my date for my hearing and the district judge has issued the draft order for directions as recommended. My date for the hearing is 17th July. Can anyone help me with the following?

 

1. Can I use the draft witness statement and draft statement of evidence as shown in Gary H post?

 

2. The witness statement and statement of eveidence are very similar is this meant to be the case?

 

3. Is it ok to just type the link to the BBC Commission Report and the australian default charges report in my pack or do I have to print off the whole document.

 

Thanks in advance for your help folks. I know that this is a critical stage and if all goes well I will have my case settled in the next 28 days.

 

Karish

Link to post
Share on other sites

As far as I was aware the Statement of Evidence and Witness Statement

are different names for the same thing - I hope I'm right on this Karish.

 

As for the linked docs - go on the links and porint them off and incorporate (scan if PDF?) them into your bundle.

 

Abbey have just settled with me 2 weeks prior to the bundle being needed

so hopefully you may get the same - however don't leave it to chance.

 

It may be worth sending James / Inga a Without Prejudice email telling them you will only accept a full and final 100% offer + costs and that if not you look forward to seeing them at Court - it worked in my case - but you have to

weigh this up yourself.

 

All the best - you'll get there.:p

Link to post
Share on other sites

I think that someone mentioned that James has now left Abbey, so I would email [email protected], cos i dont know of any other names down there at the moment

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

No need for both. If you have been asked for a statement of evidence as per the draft then provide that.

 

They are very simular, but some orders ask for one, some the other. Witness statements have to follow a quite strict format, they obviously contain your evidence as well, but also with a cronological sequence of events, etc, whereas the statement of evidence is just that - a statement of the evidence which demonstrates the charges are a penalty.

 

So you need -

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence - the "genuine pre-estimate" one.

 

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle

 

Which court is it by the way?

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.

Link to post
Share on other sites

Hi Gary,

 

Its going to be heard at Dudley County Court. The notice definately asks for both. I have typed it out below.

 

a. A schedule seting out each charge repayment of which is sought, showing the date, amount,time and reason given(if any) for that charge.

b.Copies of any statement or other document relied upo showing that each and every charge has been made.

c. A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

d. Copies of decided cases and other legal materials to be relied upon

e. A Witness statement.

 

Can you help me with a couple of other things. Where is the SOGA 1982 document Is it part of the court bundle or do I have to print it off from a link.

 

When I click on the unfair fees report for the australian banks a page a bout domain names appears. Sorry I am nt very pc literate do I have to type anything else in to get the report or can I find the document anywhere else.

 

Also I am thinking about sending a without prejudice e mail to see if Abbey will settle. Can you give me any idea about the figures I should be quoting for additional interest since filing my claim and I know that I can include a charge for my preparation time can I include the costs of postage( I have kept all of my receipts)

Link to post
Share on other sites

Hmm. Strange.

 

Can I ask, did the court order those directions unprompted, or did you propose the draft order on your AQ?

 

Provide both then. As you say, they both cover much the same ground, but you'd better give the court exactly what its asked for.

 

SOGA is in the Court Bundle but thats not really relevant to Abbey claims anyway. Abbey are one of the few remaining banks who don't try to pretend they're charges are service charges.

 

Yes, the links changed since I posted it. Don't worry about it, its not entirely necessary.

 

Yes, claim your costs and also your time at £9.25p/h. I understand Abbey are coughing this up without too much trouble, but if they refuse tell them that you'll apply to the court for them on the basis that their conduct has been unreasonable, and their litigation strategy is abusive.

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.

Link to post
Share on other sites

Great, thanks. Thats another court to add to the list then.

 

Yes, please do keep us informed.:)

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.

Link to post
Share on other sites

Gary Its me again. Please can you tell me how I work out the additional interest to be charged from the date I receieved the last charge. Ie. Is there a set amount per pound per day that i should charge or is it a bit more complicated than that.

 

karish

Link to post
Share on other sites

The interest since the date of issue? Multiply the amount in charges by 0.00022 = equals the daily rate.

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...