Court Bundle Help

[puressence73]

Hi Guys,

 

I have been trying to assemble a court bundle ready for my hearing on the 17 July and can honestly say that I have no idea on what or what shouldnt be included into the package anymore.

 

I have downloaded the zip file "Court Bundle for CAG" which appears to be straight forward in it's own right, however......, there does not appear to be any reference to the banks T's and C's or other evidence such as the Mcnamara interview which is often referred to in other threads or forums.

 

The headers for the pack I have are as below (as per the zip file). Could anyone confirm if this is sufficient or whether I need to add more headers for other evidence such as the bank's T's & C's.

 

 

1. Corresponsdence

 

2. Schedule of Charges

 

3. Statements

 

4. Relevant case law summary

 

5. Early day motion from the Houses of Parliament

 

6. Dunlop v New Garage

 

7. UTCCR 1999

 

8. UCTA 1977

 

9. SOGA 1982

 

10. OFT Statement Summary

 

 

I hope this may also answer some questions for the other guys and girls at this stage.

 

I really do want to get this bit right as it is just my luck to have my case thrown out due to insufficient evidence.

 

 

Thanks

 

Clare :confused:

[why!!!!!!]

Hi,

Take a look at this link http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

claire

[MimiJane]

Hi Guys,

 

I have been trying to assemble a court bundle ready for my hearing on the 17 July and can honestly say that I have no idea on what or what shouldnt be included into the package anymore.

 

I have downloaded the zip file "Court Bundle for CAG" which appears to be straight forward in it's own right, however......, there does not appear to be any reference to the banks T's and C's or other evidence such as the Mcnamara interview which is often referred to in other threads or forums.

 

The headers for the pack I have are as below (as per the zip file). Could anyone confirm if this is sufficient or whether I need to add more headers for other evidence such as the bank's T's & C's.

 

 

1. Corresponsdence

 

2. Schedule of Charges

 

3. Statements

 

4. Relevant case law summary

 

5. Early day motion from the Houses of Parliament

 

6. Dunlop v New Garage

 

7. UTCCR 1999

 

8. UCTA 1977

 

9. SOGA 1982

 

10. OFT Statement Summary

 

 

I hope this may also answer some questions for the other guys and girls at this stage.

 

I really do want to get this bit right as it is just my luck to have my case thrown out due to insufficient evidence.

 

 

Thanks

 

Clare :confused:

 

The majority (if not all) the reports you need are in the Libraries at the top of the forum. The T&C's are not included as these obviously differ for all banks. There is a Terms & Conditions thread further down where you'll find these specific to A&L.

 

I've just sent my court bundle. If you want to send me a PM (see tab above) with your email address, I'll send you my index, which should be a useful guide.

[puressence73]

Hi MimiJane,

 

Thanks for your help.

 

I have sent you a PM with my email address.

 

Clare... :)

[bankchargesnotus]

Hi mimi, hate to geg in but if you could send me the index too as I am scared stiff of submitting my court bundle next month that would be fantastic.

 

XXX

[MimiJane]

No problem, send me a PM with your email address.

[puressence73]

Does anyone know where I should look to find out whether I need to submit a Statement of Truth or an Statement of Evidnce in with my bundle.

 

I suppose more to the point what's the difference?

 

 

Thanks Guys

 

Clare x

:confused:

[MimiJane]

Does anyone know where I should look to find out whether I need to submit a Statement of Truth or an Statement of Evidnce in with my bundle.

 

I suppose more to the point what's the difference?

 

 

Thanks Guys

 

Clare x

:confused:

 

The judge will let you exactly what he needs from your when you get your hearing date.

[puressence73]

I have some correspondence stating a hearing date has been set on the 17th of July for 30 minutes, but I can not see any reference on the document to what I should be supplying in terms of paperwork and in particular Statements of Evidence or Truth.

 

A copy of Wragges defence is attached and that is about it.

 

I really want to get the pack into the court as this is now slowly driving me around the bend.

 

P.s Mimi, I found all my correspondence.

 

Thanks again guys

 

Clare:| :|

[MimiJane]

I have some correspondence stating a hearing date has been set on the 17th of July for 30 minutes, but I can not see any reference on the document to what I should be supplying in terms of paperwork and in particular Statements of Evidence or Truth.

 

A copy of Wragges defence is attached and that is about it.

 

I really want to get the pack into the court as this is now slowly driving me around the bend.

 

P.s Mimi, I found all my correspondence.

 

Thanks again guys

 

Clare:| :|

 

It seems that folks are being asked to produce less and less and now we're down to nothing:confused: What exactly does it say?

 

I'd give the court a ring ... maybe there's no submission from either party and you're just expected to take relevant papers to the hearing. Best to ring them to clarify.

 

Do report back on what they say.

 

Mimi x

[dickydido]

The majority (if not all) the reports you need are in the Libraries at the top of the forum. The T&C's are not included as these obviously differ for all banks. There is a Terms & Conditions thread further down where you'll find these specific to A&L.

 

I've just sent my court bundle. If you want to send me a PM (see tab above) with your email address, I'll send you my index, which should be a useful guide.

 

Hi MimiJane, firstly am I doing the right thing by joining in on this? I hope so. I am preparing a case for a friend (she has no computer) and have reached the Court date stage. This is closer than is comfortable (July 7th) as I keep putting off sending anything in as I'm still unsure of what to do despite downloading the bundle and reading it many times. For example, should I print 3 copies of the whole bundle and of the Commisions Report and other relevant cases as this amounts to about 500 pages times 3? surely this cant be right, it must be me being thick:D Especially as the letter from the court (they didn't request an AQ) says they expect the case to last no longer than 15 mins. The Judge must be a fast reader lol. I think that your index would be a GREAT help to me may I pm you with my email address please?

 

Hope you can help

 

Jan:-? :-? :-?

[MimiJane]

Send me your email and I'll get the index to you.

 

What exactly has the judge asked for and when does it have to be submitted?

 

My bundle was over 200 pages long, but you may not need it all. You don't need 3 "originals", just the originals and 3 copies ... one for you one for wragge, one for the court and the originals to be taken to court in case the judge needs to see them (not that it'll get that far hopefully:rolleyes:).

 

Where the bundle has to be in on a certain date, I presume the idea is that the judge/Wragge would look through it before the court hearing.

[dickydido]

Thanks Mimi, the letter says that the claim has been allocated to the small claims track on the 6th of July and should take no more than 15 minutes. Each party shall deliver to every other party and to the court offic copies of all documents (including any experts report) on which he intends to rely at the hearing no later than14 days before the hearing. The original documents shall be brought to the hearing.

I know I must get my skates on as time is creeping by but I am still not sure how much to print and send and dont want to make any mistakes. I guess I must take a deep breath, grab the bull by the horns and get on with it. I'm sure your index will be a great help, I'm just about to send you a pm.

Jan:-)

[puressence73]

Hi Guys,

 

After reading the forums it seems that theres an awfull lot of confused people out there when it comes to court bundles.

 

I think Mimi is right about what the courts are requesting. My notification from the court reads as follows:-

 

TAKE NOTICE that the DIRECTIONS HEARING will take place on the 17th July at xx.xx at xxxxxxxx County Court, when you should attend.

15 minutes has been allowed for the DIRECTIONS HEARING.

Please Note: This case may be released to another Judge, possibly a different court.

 

I phoned the court manager to confirm that the term "DIRECTIONS HEARING" was the actual hearing itself which was confirmed but when I asked about the court pack they said I did not need to submit anything in addition to support my claim.

 

Anyhoo, I have disregarded what they have said and think the best policy is to bombard them with as much as possible, the logic being I wont kick myself for not doing enough if all goes wrong.

 

Clare... :confused:

[seamist]

Hi..i am new to this and am starting a claim against A & L.However I am concerned that if they close my account I will struggle to find another due to credit problems in the recent past.Sorry if this post is in the wrong place but I am not sure where else to go at the moment.Has anyone been threatened with account closure?My salary has to be paid into an account which could cause problems.Any one help with this.

Many thanks

Linda .

[Jess68]

Seam, go to natwest and ask for a step account, you get a solocard and they dont do a credit check as its a mega basic account

[MimiJane]

Hi Guys,

 

After reading the forums it seems that theres an awfull lot of confused people out there when it comes to court bundles.

 

I think Mimi is right about what the courts are requesting. My notification from the court reads as follows:-

 

TAKE NOTICE that the DIRECTIONS HEARING will take place on the 17th July at xx.xx at xxxxxxxx County Court, when you should attend.

 

15 minutes has been allowed for the DIRECTIONS HEARING.

 

Please Note: This case may be released to another Judge, possibly a different court.

 

I phoned the court manager to confirm that the term "DIRECTIONS HEARING" was the actual hearing itself which was confirmed but when I asked about the court pack they said I did not need to submit anything in addition to support my claim.

 

Anyhoo, I have disregarded what they have said and think the best policy is to bombard them with as much as possible, the logic being I wont kick myself for not doing enough if all goes wrong.

 

Clare... :confused:

 

Mmmm, the term Directions Hearing implies that you'll be issued with directions and it's not the actual hearing, i.e. like a preliminary hearing ... now I'm confused as they're telling you this is the actual hearing, but are also saying that you don't need to submit anything and it might be released to another judge/court:confused:

 

Can anyone clarify exactly what this means for puressence?

[puressence73]

Hi Mimi,

 

I was getting the idea the other day that my correspondence from the court sounded different to everyone else's as I could see no mention of court packs or SOE's.

 

I would greatly appreciate it if anyone could clarify why this case appears to be differing from the rest and more importantly what I should do next.

 

In the interim I will phone the court again and see if I can get some sense from someone.

 

Thanks Guys

 

:eek:

[puressence73]

Well, it appears that the district Judge at Plymouth does not request any supporting evidence for bank charge cases.

 

The court manager has stated that "it is personnal preference if you wish to send in any information that you wish to rely upon"

 

A bit wishy washy I think.

 

It kind of sounds like the Judge is saying "I know what you all have to say I have heard it a thousand time and hence have already made my mind up on how to pass judgement"

 

Anyhooo, as it is of a personnel preference I have decided to make up the court pack and send it out anyway.

 

Although I suppose it would be really helpfull if I attended without preparing the bundle and won anyway. Surely that could set a local precedence and make things a little easier for people?

[puressence73]

I would really like to hear from any other claiments in Plymouth area who are at the same stage as who have also been advised that it is not necessary to submit supporting evidence.

 

I was a bit concerned that my case could be getting treated differently becauase of a mistake I made but I dont think that would ring ture as I appear to have the bog standard defence from Wragge as everyone else.

 

Any thoughts?

 

Clare!!!!

[puressence73]

Hi Guys,

 

I have finally worked out what is going on here (with the help of my other half).

 

I have a hearing on the 17th of July, the reason I do not need to submit the court pack is because it is a directions hearing to ascertain the best way to handle the claim.

 

A set of directions will then be issued with a court date for the actual hearing of which I have to submit the court bundle 2 weeks before.

 

Now I understand where I am.

 

So, with that in mind I have read that some people at this point have sent a nudge letter to Wragge informing them of their intentention to submit a set draft directions to the court manager.

 

Has anyone done this and is it recommended or am I running the risk of annoying the Judge?

 

Confused Clare

[dickydido]

Hi Clare,

 

I am in the Plymouth area but although I requested Plymouth they have given me Bodmin on Friday the 13th July:eek: :eek: just put back a week by the court from the 6th. The strange thing is that when they sent the first date the letter said that no AQ was required, the case was allocated to the small claims track and should take no more than 15 mins. I havent completed my bundle yet, Mimi has been VERY helpful but I'm still a bit confused, I guess I must read everything another 6 or 7 times. What worries me is I dont have a copy of terms and conditions from 2001 to 2005 the dates of the claim, I dont suppose you have a copy you can send me, I've tried the link to the archive but it's showing no results. It must be something I'm doing as it says there are 6 billion pages and I cant believe there's nothing in all those pages about the A&L!!!

 

Jan

[MimiJane]

Hi Clare,

 

I am in the Plymouth area but although I requested Plymouth they have given me Bodmin on Friday the 13th July:eek: :eek: just put back a week by the court from the 6th. The strange thing is that when they sent the first date the letter said that no AQ was required, the case was allocated to the small claims track and should take no more than 15 mins. I havent completed my bundle yet, Mimi has been VERY helpful but I'm still a bit confused, I guess I must read everything another 6 or 7 times. What worries me is I dont have a copy of terms and conditions from 2001 to 2005 the dates of the claim, I dont suppose you have a copy you can send me, I've tried the link to the archive but it's showing no results. It must be something I'm doing as it says there are 6 billion pages and I cant believe there's nothing in all those pages about the A&L!!!

 

Jan

 

Jan, see this link ... posts 8 and 10 give you T&C's for both years :-

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/90733-l-terms-conditions.html

 

Hope this helps.

[dickydido]

Thanks Mimi, you've been a great help again. I've copied the T&Cs but I see in your index you have related charges and interest rates, I have found these on the A&L website but I believe they are the current ones, does this matter or do I need ones for the relevant period? Also the cases I am using in the defence i.e Dunlop v New Garage do I need to find and submit the whole case or just references to it.

Thanks very much for taking the time to email me your index:D

Jan

[MimiJane]

I've included the T&C's and charges, etc. for the years relating to the beginning of the claim and also the final year (i.e. not the years inbetween as I don't think this is necessary).

 

The Dunlop case and others are in the CAG Library (at the top of the forum). There aren't too many pages of each individual case and, yes, I'd include everything ... you don't want to miss anything vital.

 

Hope you manage to find the T&C's, etc. you need. If not, you could always try the archive link within the T&C thread.

 

Mimi