Reka v Abbey ***WON IN COURT!***

[Lula]

thats the mail Gary, thanks chuck, i am sitting here chuckling to myself at it

[reka]

Thankyou Gary, thats great. I have edited and spell checked it and emailed it. I hope they reply tomorrow as its only 63 hours till the hearing and OMG i am now counting the hours.

 

Do i take a copy of this to the hearing and present to the judge if they do not reply, or do i asK for a stike out before? Sorry, i feel like i am in no mans land now.... i don't want to mess this up when i am this close.

 

 

Oooh, and thankyou once again!

[GaryH]

Send a copy to the court now. Take a copy with you also.

 

Have you got your bundle and everything ready to take with you?

[reka]

yeah, i have my bundle all prepared. I still need to look at claiming costs for court bundle etc. I am not sure if i can or not as this is small claims (not fast track or online) and i didnt pay court fee's as they were waived as i am a single parent on income support.

 

(currently trying to get details of an old barclays account and claim beyond the statute of limitation)

[GaryH]

You've got no automatic right to claim costs on small claims, but the judge has the discretion to award them against a party who has behaved unreasonably. You should certainly take a schedule of costs with you and request that the judge considers it. See this thread

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html?highlight=application+for+costs

 

Have you prepared a witness statement and/or some case notes?

[reka]

Witness statement and case notes? erm..... my court bundle was 95pages long.....it had a "statement of evidence" within it, along with relevant case law etc. Is that the same thing?

[GaryH]

That'll do. Statement of evidence and witness statement amount to more or less the same.

[reka]

PHEW!!!!!

 

i was having kittens then.... its bad enough i didnt include the Terms and Conditions in the bundle.

 

(has bookworms bundle been updated to say to include them now?)

[GaryH]

Take them with you. Its only a small claims hearing - the judge will almost certainly allow a LiP to add one or two bits and pieces on the day without any problems.

 

Which court btw?

[reka]

In Manchester County Court, early thurs morning. I never expected them to hold out for this long. I keep wondering if i have done something wrong which is why they havent offered a settlement.

[GaryH]

I'm fairly sure you'll get a settlement offer either tomorrow or Wednesday.

 

If not, PM me.

[reka]

awww thankyou!!!!

[reka]

Less than 36 hours to go and still no settlement.... think i better start thinking about what to wear to court! I dont want to wake up to find they are in the laundry bag.

[jules1973]

Reka

 

If you do appear in court on thursday, it should go the same way as Jazzdocs from Nardone v abbey.

 

Have they read the email you sent them?

[Lula]

might be worth ringing the court to see if they have faxed anything through, but it will be humiliating for them to turn up as they havnt put in a court bundle

[reka]

i checked with the court today....nothing recieved as yet.

 

In relation to the email...i am unable to check if the mail has been read as its internet mail.... i did try the satus and said unable to check internet mail.

 

The Abbey probabbly have so many cases that they dont even realise mine is due....i expect they havent even processed the court bundle i sent to them yet.

[jules1973]

Is there anyway that you can ring the court and ask for it to be struck out for Abbey not supplying their bundle, so that you dont have to appear in court on Thursday?

[reka]

within the judges direction it said,

 

2) The parties shall exchange the following not later than 4:00pm on the 24/05/07

 

(a) copies of any documents which a party proposes to rely

 

4) It is important to comply with these directions. Failure to so so may result in the hearing being adjourned or the Claim or Defence being struck out. The court must be informed immediately if the case is settled by agreement before the hearing date.

 

So i am not sure what to do, whether to wait or to call and ask it be struck out?

[jules1973]

You can bet that if the shoe was on the other foot, they would ask for it to be struck out if you hadnt supplied your court bundle.

 

Ask GaryH what is the best way forward, if not ring the court and ask for their advice.

 

Good Luck

[reka]

Gary wrote an email for me yesterday to send to the Abbey, advising them that they have not complied with the directions. Will check with him whether to ask the court whether to strike it out when he is around. I should really give the Abbey 24hrs to reply to the email.

 

Maybe tomorrow i can ask for it to be struck out.

[Lula]

at this late stage, you are going to have to go to court whether they settle or not , if they settle, you need to ask for a stay to allow the cheque to clear, if they dont send a cheque the judge will order a stay for a month to allow for the monies to arrive and clear,

 

but take the order with you anyway and respectfully ask the judge to strike out for non compliance.

 

Either way now, you have won

[Lula]

oo dont look now, Gary is watching!

[reka]

take the order with you anyway and respectfully ask the judge to strike out for non compliance.

 

Either way now, you have won

 

I hope so, and thanks (again) for the advice. I wont believe i have won untill i hear those words from the Judge.

 

(why does my signature not show?

[Lula]

it doesnt always, only once per thread i beleive

 

oo Reka, there was me thinking you were a girl, LOL

[reka]

ROFL!!, I am not sure why but most peeps seem to think i am female? especially when i say i am a single parent. Just don't take me handbag shopping