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Court date set! Help please!


jimbob142
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I have received a letter from the court saying my claim is allocated to the small claims track on the 28th August 2007. I have until 22nd June to submit all my paperwork to court and DG then DG have until 20th July to submit there defence to court and myself!

 

I am a little confused as to what to send. The letter from court says:

 

a) Schedule of charges

b) Copies of statements

c) Statement of evidence

 

I have this info but ive read other people send in things like OFT reports, different case studies etc etc......

 

It says further on in my letter:

 

-Decided cases and other legal materials should not be filed, but brought to the hearing.

 

Do I stick to what it tells me or do I send as much stuff as I can?

IF it did go to court I would be unable to attend anyway so what should I do?????

 

Anyone out there know?

 

Cheers

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Hiya Jim, did you fill in an AQ or did the court just issue you with a date ?

 

You definatly have to provide a court bundle (see the thread in daren's post) if you just had a date given to you I would write to the court and ask that the date be brought forward so you can attend and both bundles be submitted together, month between the two seems a bit unfair.

 

pete

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could you post your letter on here so we can see it - just blank out the personal details - just so we can check the dates and directions. i'm with pete - the month between is a little unfair.

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I was not given the AQ, Just the court date!

Happy Reading.

 

This is the letter:

 

District Judge Murdoch has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 09:45 on the 28th August 2007 at Kettering County Court, Dryland Street, Kettering, Northants, NN16 OBE and should take no longer than one hour.

 

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

 

The original documents shall be brought to the hearing.

 

Upon reading the documents filed and of the courts own motion

 

IT IS ORDERED THAT:

 

1. This claim is allocated to the small claims track.

 

2. The claimant shall by 22nd June 2007 file at the court and serve on the defendant:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

If the claimant fails to comply with this order, the claim will be struck out without further order.

 

3. The defendant shall by 20th July 2007 file at the court and serve on the claimant a response to the claimants schedule, stating in respect of each item claimed:

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Wether such charge is accepted to be a penalty, and if not, why not;

 

c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (wether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

If the defendant fails to comply with this order, the defence will be struck out without further order.

 

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the court and opposing party.

 

5. This order has been made by the court of its own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set asside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

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ok, first and most important - whatever you need to send in needs to be in by 22 June - both to you and to dg. now let's find out what it needs to be:

 

a) this would be your schedule of charges with date, amount and name of each charge.

 

b) copies of your statements with each charge in your breakdown circled (only needs to be the pages with charges - put it in the same order - oldest charges first)

 

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55 take a look at this thread:Nawanda Vs HSBC (multipage.gif1 2 starting at post 38 - using all the same additions and corrections in that and the following posts with gary's advice as to how to do it.

 

 

I really think that's all that is required but I'm going to ask GaryH to take a look at this

and hopefully give you the ok that it is as i've said above -

very do-able - won't take long - three complete copies - one to the court, one to dg and keep a copy.

so, hang on for gary's take on this but it looks easy enough.

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Yep, thats it.

 

a) schedule

b) statements

c) statement of evidence.

 

Take notice of the strict deadlines and make sure its in on time.

 

Its quite a long space inbetween your submissions and their response - a month, whereas usually with this type of order its 2 weeks. Nonetheless this is good news - its virtually impossible for the bank to comply with their part of the order and obviously they just won't - they'll settle instead.

 

If it gets that far (doubtful) then on the day of their deadline to submit, send this to the court -

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post757475

The defence will then be struck out.

 

Nearly there.;)

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.

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  • 1 month later...

Hi All,

 

Well, the 20th of July is almost upon us and that is DG's deadline to get their deffence to myself and the court. Nothing as yet so it doesnt look like they are going to. My letter is all typed and ready to send to the court on Friday morning asking the judge to strike out their deffence!!!!

 

Anyone know what happens next?

 

Are there any nudge letters for DG saying something like "ive requested your deffence be struck out....etc etc, PAY UP"?

 

What exactly will the Judge do when he receives my letter, and how much longer will this take?

 

I seem to have gone the whole distance with every deadline and in that time my partner has had TWO payouts!!!!!!

 

Cheers for any help!

 

Jimbob

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Hi JimBob,

 

I filed the N1 form at the Court so I am not sure if the system differs if you file on-line...

 

The first correspondance I received from the court after filing was an A4 form that had my claim number on it and with lots of different sections on it. (crap description but I am doing this from memory as I am at work :D )

 

At the bottom of this form is a section to fill out in when applying to get a defence struck out.

It asks for the amounts

i) claimed (this should include the 8%)

ii) interest accumulated from the time of filing the claim to the date you are applying to get it struck out, (you will have worked this out at a daily rate on your initial claim form)

iii) court costs to date (this will be the inital filing cost + allocation fee)

 

It will also ask you how you would like this to be paid. I would tick immediately in full, unless of course you want instalments!! :roll:

 

What I did was to ring the court as soon as DG were out of time, then went to the court and filled out the form.

 

The next day I a received a letter of confirmation from the Court that the defence had been struck out due to the Defendent's failure to comply with the Court's directions.

 

This direction gave them 14 days from the date of the judgement to pay up.

 

There is no 'nudge' to be done, no judge likes not being complied with!

 

I would at that point ring DG and inform them that the defence has been struck out and arrange where you would like the money paid to.

 

The court also gave me a rather thick envelope with the forms and leaflets should I need to get the order enforced.

 

That said before I had a chance to phone DG, they phoned me today to settle both my claims. I told them that one had been struck out and that the Court had ordered them to pay up. I was expecting then to get a rubbish offer for the other one but no! They caught me on the backfoot and had actually rung to get the all the figures to settle both the claims in their entirety. Have to say that the solicitor Amelie O'Connor was really quite nice! Not that I gave her a reason to not be.

 

Money in bank tomorrow, cleared funds. Oh happy days.:p

 

And if it makes you feel any better, I did two claims for my other half and he got paid in full after the second letter weeks ago, meanwhile yours truly was at the threshold of preparing for court and fretting about court bundles etc.

 

Hope this helps.

 

Ky

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