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I have received a letter today from the court saying that my claim is allocated to the fast claim track as I requested.

 

I need to submit a lot of paper work to the court and just want to check I am sure what needs to be sent. Any advice will be appreciated.

 

1) A schedule of each charge - I am guessing this is the bank statements with my charges on, detailing what the charges are for.

2) Disclosure of documents; all parties to give by standard disclosure by list - I do not understand what this is?

 

3) Witness statements - I'm guessing that this is why I feel the charges are unlawful

 

4)An indexed & paginated bundle of documents which complies to Rule 39.5 of the civil procedure rules and the practice direction thereto - I am guessing this is the law that I am claiming under and proof of completion of the directions.

 

Would the court be able to advise as to what I should be submitting?

 

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charlottetc,

 

A schedule of each charge: You are correct. Enter all charges including description date and amount. Prepare a nicely presented spreadsheet (s)

 

Disclosure of documents: This means to submit anything that may be used as evidence. ie: any communication between yourselves and them, letters-phone calls etc.

 

Witness statements: write down anything that made you become aware of these illegal charges and all the processes you used to recover the lost monies. Include evidence such as transcripts regarding payouts etc. Print of anything relating to these charges.

 

It is wise to number all your sheets of paper.

 

 

I am not sure about number 4!

 

You will find the courts VERY HELPFULL so phone them or visit them.

 

 

Good luck.

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And post up the full wording of the order please.

Would the court be able to advise as to what I should be submitting?

No. They can't give advice like that. We can though;)

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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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charlotte

 

CPR 39.5 is just reminding you to put your case 'bundle' together, and in good time.

 

PART 39 - MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

 

"39.5 (1) Unless the court orders otherwise, the claimant must file a trial bundle containing documents required by –

(a) a relevant practice direction; and

(b) any court order.

(2) The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial."

 

NB: Did the court issue any Directions? Read them carefully.

 

There are some great threads on here relating to bundle preparation.

Look for them, look at your PoC's and print off copies of the law on which you will be relying, look at previous cases, the whole lot.

 

Post #5 is a good place to start:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29032-help-preparing-court-bundle.html

 

Index it properly, send a copy to the opposition solicitor, and one to the Court.

 

"You will find the courts VERY HELPFULL so phone them or visit them." - So true.

 

If in doubt, search the site, if still in doubt ask.

 

Prepare well.

 

And Good luck.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Hi, just in case it falls between the cracks of Gogovit's advice and Lula pointing you to the Basic Court Bundle in the Library section, "disclosure of documents" isn't just correspondence with Abbey; more importantly, it's things like UTCCR, the OFT reports etc - anything you would rely on to prove your case in the highly unlikely event Abbey took this into Court. And the "Witness Statement" contains your arguments. Look here as well http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Yes, please do post up the order, but if it's the fast track standard directions it seems to be, then see this thread -

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/9556-davidc-lloyds-tsb.html#post547499

 

That should guide you through every clause of the order.

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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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charlotte

 

Quick question: Why fast track? Why not small claims track?

 

How much is the basic claim for (without interest, costs or fees?)

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Charlotte

 

You can ask the court for small claims track - they will probably ask the 'other side' if they object.

 

I'll bet they dont object at all.

 

If you do get fast track, check out CPR18 ...

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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You can ask the court for small claims track - they will probably ask the 'other side' if they object.

Too late now really - you'd need an application on an N244 which is more hassle than its worth, and even then its unlikely that the judge would go back on his origional decision.

 

Fast track has more advantages than disadvantages anyway IMO.

 

Get the order complied with, and also as Todge said above, slap in a Part 18 straight away as well. See the sticky thread at the top of the forum.

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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As promised a copy of the order that i was sent:

 

On Tuesday, 5th June 2007

His Honour Judge Reid QC sitting at The Law Courts Mary Road Guildford Surrey

considered the papers in the case and

ordered that:

1) The Claim is allocated to the Fast Track.

 

2) The Claimant shall by 4pm on Tuesday 3 July 2007 send to the Defendant and to the Court a schedule setting out each charge a repayment of which is sought, showing the date, amount and reason given (if any) for that charge being made. If the Claimant fails to comply with this paragraph of this order the claim shall stand struck out without further order.

 

3)Disclosure of documents shall be dealt with as follows:

 

a) All parties shall give to all other parties standard disclosure by list, the lists to be served by 4pm on Wednesday, 20th June 2007.

b) Any request for a copy, or inspection, of any document shall be complied with by 4pm on Wednesday. 4th July 2007.

 

4)All parties shall, by 4pm on Tuesday, 10th July 2007, serve on all other parties the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely.

 

5) Neither party shall rely on or adduce the evidence of any witness whose statement has not been served in accordance with this Order without further permission from the court, in particular neither side may adduce expert evidence without leave of the Court..

 

6) Not more than seven nor less than three clear working days before the trial, the Claimants shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure Rules and the practice direction thereto, and shall serve a copy of it on the other parties. The parties shall endeavour to agree the contents of the bundle before it is filed. Failure to comply with this direction may result in the case being removed from the list without notice

 

7) Pre-trial check lists are dispensed with.

8) 8) The Claim shall be listed for trial during the trial window from Monday, 1 st

October 2007 to Friday, 19th October 2007 inclusive with a time estimate of four hours.

 

9) Because this Order has been made by the Court without considering

representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

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1) Self explanitory

 

2) Get a full schedule of charges and interest off to Abbey and to the court ASAP - and certainly no later than the 3rd July!

 

3)

 

a) Disclosure by List

 

What you need to do is list every single document of any nature which you will refer to or rely on in court. This includes correspondance between you and the bank, your statements, settled cases and statutes, any other evidence, etc. You don't need to send the documents themselves at this stage, only list them. see this thread for most of the stuff you need to list -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

Use the following example as a guide, then come back and post what you've come up with here, and I'll check it for you and see if I can think of anything else.

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

 

b) Inspection

 

Abbey have to submit a disclosure list to you as well by the same date. Guess what? They won't. If by some wild stretch of the imagination they do, then you need to submit an immediate request to inspect each and every document listed.

 

4) Witness statements

 

You need to produce a witness statement to submit by the 20th July. Its unlikely to get this far so leave it for the time being. If it gets to around the 10th then make a start. Use the statement of evidence (pre-estimate one) and just re-title it as a witness statement.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html#post482194

 

If they still haven't settled after WS exchange, then you can apply for a strike out - assuming that is that they haven't complied with the order (which they won't have).

 

No point covering the other points becouse it won't get that far.

 

seems daunting I know, but break it down into chunks and it'll be easy. Just get your disclosure list off for the time being - thats all you need to do for now.

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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I do not feel that I can really add anything to this list!! Any ideas?

Couldn't find my original letter requesting payment either!!!

 

Intend to rely on the following documents in court -

1. Correspondences

 

 

 

FILE REFERENCE

DATE

DESCRIPTION

NO. OF PAGES

A

16/08/06

Letter: Abbey requesting £10 for statements requested

2

B

15/09/06

Letter: Statements from microfiche received

1

C

03/10/06

Letter: Abbey acknowledging compliant

1

D

05/10/06

Letter: Abbey carried out full investigation, state no regulations were contravened

2

E

19/11/06

Letter: claimant responding to (D) advising still going to pursue claim

1

F

5/12/06

Letter: Abbey unable to settle the claim, documents showing refund made on account

4

G

4/02/07

Letter: claimant advising legal action

1

H

4/02/07

Letter: claimant advising on charges, including list of charges on account

8

I

6/03/07

Letter: From Northampton Court advising Notice of Issue

1

J

16/03/07

Letter: From Northampton Court advising claim has been acknowledged

2

K

28/03/07

Letter: From Abbey enclosing copy of defence filed

4

L

29/03/07

Letter: From Northampton Court advising transfer of proceedings to Epsom Court

2

M

9/04/07

Letter: claimant providing information requested on account to Abbey’s legal team

1

N

28/04/07

Letter: From Epsom Court advising transfer of proceedings to Guildford Court

1

O

28/04/07

Letter: From Epsom Court, general form of judgment advising of transfer to Guildford Court

1

P

2/05/07

Letter: From Guildford Court with copy of defence and allocation questionnaire

4

Q

17/05/07

Letter: From claimant to Abbey with copy of allocation questionnaire

1

R

21/05/07

Letter: From Abbey enclosing copy of allocation questionnaire

6

S

22/05/07

Letter: From Guildford Court advising that Abbey have not submitted allocation questionnaire on time

1

T

8/06/07

Letter: From Guildford Court with copy of order

3

 

 

 

2. Authorities

 

 

FILE REFERENCE

DESCRIPTION

NO. OF PAGES

AA

Claimant copy of bank statements, including those from microfiche

88

BB

The Unfair Terms in Consumer Contracts Regulations 1999

13

 

 

 

Statement of Truth

I believe the facts stated within this document to be true.

 

Signed

 

Date

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  • 2 weeks later...

Just an update!

 

I filed my list of documents and my schedule of charges with the court copying them to abbey as requested.

 

2 days later, (not receiving anything from abbey in the post) I received a letter from Abbey stating....

 

"We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National PLC has determined, in this instance, to settle your claim in full. Payment will be made in the sum of £5***.**. Payment is in full and final settlement of your claim."

 

Just now got to wait for the money to be deposited into my account.

 

Thanks to everyone who helped me!!!!

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WOW!!! congratulations.... enjoy spending it :)

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Excellant news!! See, told ya Abbey were allergic to disclosure orders!;)

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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  • 2 months later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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