Defended But No Aq???

[Michael Browne]

I filed online so didn't send a spreadsheet

.Nevertheless you should have sent a coipy to MCOL and SCM, so send one to SCM now.

 

I had already written to the bank with a complete set of bank statements, charges highlighted.

Which are still with the bank' customer service. Please tell me you sent copies and still have the originals

[bikerbabe]

I copied all the statements and I'm in the process of photocopying all the sheets now for the court bundle.

 

Where can I find a spreadsheet layout on this site so I know I'm doing it right. Also I need to do a Witness Statement so need to find that as well. I did come across it once before but can't remember how I found it.

[Michael Browne]

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

 

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

[bikerbabe]

Thanks for your help.

[bikerbabe]

I'm just finishing my court bundle that must be at court tomorrow (hearing date 12th Sept). I was told that I didn't have to send the whole bundle to SC&M, just the witness statement and list of docs. Is that correct? According to my letter from the court, I must send all docs to both court and solicitors.

[jontah 2006]

I'm just finishing my court bundle that must be at court tomorrow (hearing date 12th Sept). I was told that I didn't have to send the whole bundle to SC&M, just the witness statement and list of docs. Is that correct? According to my letter from the court, I must send all docs to both court and solicitors.

 

 

 

told by whom?

i may be wrong, you need triplicate copies of all bundles, 1 4 u, 1 4 lawyerrs, 1 4 court, UNLESS otherwise adviced to the contrary.:?

[bikerbabe]

Actually it was a PM from someone on this site. But as no-one had responded this morning I sent the whole lot to SC&M anyway as well as court and have kept a copy for myself.

 

I was just feeling lazy but my instinct told me to send the complete bundle. I've already found one mistake I've made: I sent the originals to the court and just kept the copies for myself, oh bugger. Well, not a lot I can do about it now. They went by special delivery so at least I'll know they've been received. I'll wait & see if anything arrives tomorrow from SC&M as they also had tomorrow as their deadline and I should receive copies of their documents.

 

I've got a bad feeling about this, having left it til the last minute and making such a big blunder already.

 

Time will tell I suppose. Thanks, BB.

[GuidoT]

You are correct (Jontah) (posted simultaneously) 3 copies of it all, 1 for court, 1 for SCM and 1 for you.

 

SCM are likely to request a stay and the judge maybe minded to decide such anyway. Read here:

OFT Stay Removal

More OFT Stay Removal

[GuidoT]

Actually it was a PM from someone on this site. But as no-one had responded this morning I sent the whole lot to SC&M anyway as well as court and have kept a copy for myself.

 

I was just feeling lazy but my instinct told me to send the complete bundle. I've already found one mistake I've made: I sent the originals to the court and just kept the copies for myself, oh bugger. Well, not a lot I can do about it now. They went by special delivery so at least I'll know they've been received. I'll wait & see if anything arrives tomorrow from SC&M as they also had tomorrow as their deadline and I should receive copies of their documents.

 

I've got a bad feeling about this, having left it til the last minute and making such a big blunder already.

 

Time will tell I suppose. Thanks, BB.

 

Nothing to be concerned about. Uusually only creates a problem is there is a descrepency with a copy document and you are then able to show that the original has not been tampered with.

 

SCM invariably will not file a bundle. Send these letters once SCMs deadline passes:

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

[bikerbabe]

As you predicted they did not send any documents by the deadline on Wednesday 29th. I have faxed and posted the first template letter to both SCM & Court and have prepared the second one to send out in 7 days time.

 

It's nice to know someone is there to give advice and assistance in preparation of what's likely to occur. I didn't know about the "stay" situation either so many thanks for pointing that out for me. Fore-warned is fore-armed as they say.

 

Really grateful for your help.

 

BB

[GuidoT]

You should stick to one thread per claim. Can I merge all these threads?

 

Solicitor Request For Info

 

Terms & Conditions

 

Still Waiting Court Date

 

Defended But No Aq???

[bikerbabe]

Are they all mine? Didn't know I'd put so much on!

 

I find it difficult to find information on a particular point that I need help on by using the "search" tab so it's quicker to start a new thread to ask for the specific thing I need. When a reply is posted with a link to what I need that's perfect.

 

If you need to merge them, fine by me.

 

BB

[GuidoT]

You should only have one thread per claim, that way you obtain higher quality responses as people can see the background to your claim.

[livelylad]

5 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[GuidoT]

LL - that was quick, living up to your name.

[bikerbabe]

O.K. As SCM had not filed their docs by 29th I sent a Directions of non-compliance letter to both them and the court on 30th. On the same day the court wrote to me saying that the Judge ordered that 1. the hearing listed for 12th Sept is vacated, t2. his action shall be stayed pending the OFT case, 3. Defendant within 21 days to a/ file a case summary of under 500 words setting out the effect of the test case on this action & b/ their proposed directions for further management of this case (bloody cheek as they couldn't even send in the court bundle on time!), 4. the Claimant shall within 14 days thereafter notify the court and defendent whether the proposed directions are agreed, 5. upon receipt of above the file will be referred to District Judge for further case management directions, and finally, 6. any party affected by this order may apply to have it set aside, stayed or revoked within 7 days of service of the order upon him.

 

What do I do now? It's not SCM that have applied for the stay by the sound of it, it's the Judge's decision.

 

BB.

[bikerbabe]

Can anyone give me advice please?

[car2403]

You should send the response to the stay being applied;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

Realisticly, unless you have some specific reason for the stay to be lifted, such as financial difficulties/distress because of it, it probably won't be lifted.

 

Which Court is this? Take a look here;

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

[bikerbabe]

Mine is at Kidderminster County Court.

 

Thanks for the template, I'll get that done tomorrow and see what happens.

 

BB.

[car2403]

I'm just thinking, it might be worth including this;

 

The Claimant is also aware that Claims commenced on the same basis, against other High Street Banks, are currently being dealt with an a case-by-case basis when considering the application of a stay, or the lifting of a stay already applied. This information seems to be changing on a daily basis, which creates uncertainty as to how the English Legal System is dealing with each case and causing concern to Claimants as each claim should be considered on it's own merits.

 

The current list of Courts that are dealing with stays regarding the OFT test case, are;

 

Then include the list from the link above showing which Courts are proceeding with Claims - hopefully, this with give the Judge considering your correspondance the balls to stand up against the "more Senior" Judges telling him how to manage his case list, as he will see he isn't the only one doing it!

 

Let us know how you get on either way! Good luck!

[bikerbabe]

Do I need to complete the form N244 to apply to have the stay lifted? Or do I just write to the court using the link above and additional notes?

[car2403]

Suggest you write to them first - if they want a formal application notice, (along with a fee for considering it!) they should write back to you to tell you...

[bikerbabe]

From reading other links it seems that I must complete the N244 for the removal of the stay that was ordered.

 

So I've filled in the form ready to go with the £35 charge but what do I enter at Part C? I've ticked the box in Part B indicating that I am sending evidence at Part C, but I don't know what evidence I'm supposed to include.

 

BB

[car2403]

You should include the standard template for this request;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

Be aware though, that many Judges have seen this template already and still stayed cases regardless.

 

Personally, I think you are better off honing in on the individual and unique issues you have (if any) with the stay - simply using this template is no longer enough in the majority of Courts. If you can show specific financial hardship, for example, this can only make your application stronger.

 

Be prepared to have your claim stayed anyway though, as most of these applications are being turned aside. (While the Court still charges you fee for making it, that is!)

[bikerbabe]

Well, I decided not to bother sending an application for a stay as it seemed a pointless exercise as most cases seem to be going the same way. However, tomorrow is the 21 day deadline for SCM to file their paperwork with the court and myself. I doubt they will comply as they didn't comply with the first order of sending in a court bundle. What steps do I take from here on in, presuming I am right and they don't send anything in?