NWB Defence - Please help.

[hedgey06]

Quick answer Hobson........... yes!

 

Everything you send to the court for the AQ/draft order/attachments, Cobbetts get a copy - recorded delivery of course!

[Parkvale]

Also it makes things much quicker if you send them a copy. They know your intentions much earlier than waiting for the courts to forward it to them.

[Hobson30]

Great, I thought so.

 

Im off to the post office now.

 

Thanks again

[hedgey06]

Also it makes things much quicker if you send them a copy. They know your intentions much earlier than waiting for the courts to forward it to them.

 

There's also the delicious pleasure of 'picturing' the look on their faces when they open it!

[Hobson30]

Court date set for 15th August.

 

Having a nightmare. Just got back off holiday and my bank has cancelled my £100 cheque to the court. Now I have got to go back to the court and pay in cash before Fri (Im hoping this will not affect the case).

 

Cant wait to get it over and done with now!

[Hobson30]

Just reading through the basic court bundle I have been asked for:

The small claims track 'standard directions

Am I right in thinking all I need to do is:

 

The documents/evidence you will need to submit will include;

 

 

- Schedule of charges

- Statements showing charges have been made

- All correspondence between you and the bank

- All cases and statutes upon which your claim relies

- OFT report

 

All this can be found in the Basic Court Bundle

 

Additionally, you should add as much other evidence as you can compile. Examples of other useful pieces of evidence are;

 

 

-

The Competition Commission report

- The McNamara interview

- Australian Default Fee's report

- BBC Commission conclusion

 

and ignore everthing after Special Directions?

[hedgey06]

I take it that they didn't grant the Draft Order for Directions then?If the court's only ordered standard directions - then yes, ignore the Special Directions.

 

Don't forget as well - you'll need a copy of your Terms and Conditions!

 

Is this the 'final hearing'?? Quick work on behalf of your county court if it is!!

[Hobson30]

Here is the letter more or less word for word.

 

Header = Notice of allocation to the small claims track (Hearing)

 

District Judge Mort has considered the statement of case and allocation questionnaires filed and allocated claim to the small claims track

 

The hearing will take place 15th Aug 2007. (then it goes on to say where and when & how long).

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (Including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents should be brought to the hearing.

 

Signd documents setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and all copies included in the documents filed and served. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to the court to give evidence.

 

The court may decide not to take into account a document (Or video) or the evidence of a witness if these directions have not been complied with.

 

Date: 11 July 2007

 

NOTE: It is essential that you provide the court and your opponent in written statements of evidence which both you and your witness will give no less than 14 days before the hearing. If you fail to do so your evidence may not be allowed or the claim may be adjourned at your expence.

[Hobson30]

Here is the letter more or less word for word.

 

Header = Notice of allocation to the small claims track (Hearing)

 

District Judge Mort has considered the statement of case and allocation questionnaires filed and allocated claim to the small claims track

 

The hearing will take place 15th Aug 2007. (then it goes on to say where and when & how long).

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (Including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents should be brought to the hearing.

 

Signd documents setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and all copies included in the documents filed and served. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to the court to give evidence.

 

The court may decide not to take into account a document (Or video) or the evidence of a witness if these directions have not been complied with.

 

Date: 11 July 2007

 

NOTE: It is essential that you provide the court and your opponent in written statements of evidence which both you and your witness will give no less than 14 days before the hearing. If you fail to do so your evidence may not be allowed or the claim may be adjourned at your expence.

[hedgey06]

Final hearing then - your county court really is quick though!

 

You need everything that you stated in your post above plus a copy of the T&C's as well. Looks (from the last paragraph) as though they want you to inlude a statement of evidence as well which you'll find in the thread where the info you posted above is.

[hedgey06]

There's another SoE here (courtesy of StevePM) that may be appropriate as well http://www.consumeractiongroup.co.uk/forum/show-post/post-886550.html

[Hobson30]

If I don't have a copy of my T&C's can I get a copy from the bank?

 

Also if I use the statement from the above link and we do actually end up going to court will I need to have a good understand everything that is in there?

[hedgey06]

If you do end up in court you should have a good understanding of all documents that you're relying on in support of your claim.

 

With regards to the T&C's, you may have left if a bit late to get a copy from the bank now - your court date's quite close. You could try writing to cobbetts (copy to nat west and the courts) with something like:

 

"Please forward a copy of the terms and conditions that were in force at the time my account was opened and any subsequent amendments to those terms and conditions.

 

These are requested under CPR Pre-Action Protocol 4.6© for claim number xxxxxxxx in the xxxxxxx County Court" (obviously, include account number, sort code, cobbetts ref no, name/address).

 

However, have a look in the nat west terms and conditions sticky - you may find that yours are in there. If not, and you don't get a copy from the above letter, you should at least include the most recent T&C's. Steven4064 has included a commentary on why these are actually penalty charges (in the aforementioned sticky - think it's something like post number 30, 35?)

[Hobson30]

I know my paperwork needs to be in 14 days before the case, is this 14 working days? If it is I need to get the paperwork in by Friday!

 

Sorry everyone. I am getting really baffled by all the information available and am not sure what to and what not to include. I have been away and the court date had come through while I was'nt here so I am already 1 week behind.

[hedgey06]

If the court order says 14 days before - I'd assume that this means calender days.

[Hobson30]

Hi guys,

 

In my court bundle the correspondence i need to put in, can I just check that this is only the correspondence from before I started to copy the court?

[Hobson30]

It also mentions latest schedule of charges. Do I need to recalculate charges to date or just use the schedule previously sent?

[Michael Browne]

just use the schedule previously sent?

Yes as per when you filed. daily rate will take care of interest since then

[Hobson30]

Hi guy's

 

We are really struggling with the court bundle. I printed lots of evidence and had a look at the statements but there is so much to go through!

 

This site is really helpful and people have been great but I am wondering if there is anywhere/one you can suggest that we can go and see in person to go through it all other than a solicitor? I just think I would understand it so much more if I had someone to go through it with face to face.

 

Please help!! Im getting really confused with everthing now!

[Hobson30]

Got my court bundle in on time yesterday thanks to Hedgy!

 

I checked when I dropped my bundle off at the court if Cobbetts had put there bundle in and I also called this morning the answer was No!

 

I was advised this morning though that we should be getting letter through from the court to say the appointment on 15th would be cancelled as they are putting all the bank cases on hold.

 

So guys what do we do next?

[steven4064]

I checked when I dropped my bundle off at the court if Cobbetts had put there bundle in and I also called this morning the answer was No!

If it had been 'Yes', it would have been a first! Cobbetts have NEVER YET sumbmitted a bundle.

 

When you get notification of the stay see the link in my signature.

[archer_66]

hobson they didnt submit a bundle on my case either dont worry , i heard from somewhere they were dealing with cases that were already in court but i dont know how true that is.

[steven4064]

i heard from somewhere they were dealing with cases that were already in court but i dont know how true that is.

We fianlly settled with Cobbetts this afternoon.

[Hobson30]

I got my letter from the court today to confirm the stay on our case here's what it says.

 

The court is aware that a test case has been issued in the high court between the OFT and certain banks. This is with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in consumer contracts Regulations and other legislation to such charges. Further information in relation to this test case is available on the OFT website.

 

UPON it appearing that the issues raised in the test case may affect this claim.

 

IT IS ORDERED THAT:

1. The claim is stayed until further order with a view to awaiting the decision in the test case.

2. Either party may apply at any time to lift the stay, by application on notice, in accordance with Part 23 of the civil Procedures Rule.

3. The small claim hearing listed on 15th Aug 07 at 12.30pm be vacated.

 

So shall I send the next letter to the court to get the stay lifted?

[hedgey06]

Yes - click on the link in my signature for stays (first link) and go to post number 2 - you may as well submit the letter as soon as you possibly can. Bit naff though - appears as though they've made the order themselves without Cobbetts even asking for it