court bundles for dummies

[MgintyMIA]

thought so, thanks for confirming

[jonster76]

I have posted this offer elsewhere and previously on this thread (but it will probably be missed now).

 

I have a single PDF with most of the core generic court bundle documentation, if anyone would like it then PM me your email address (I cannot sent it to you without this address).

 

It includes the following:

1. Dunlop v New Garage case summary

2. Robin v Harman extract from Keating

3. Murray v Leisureplay transcript

4. Australian Unfair Fees report

5. BBC Money Programme Summary

6. House of Commons Early Day Motion

7. Peter McNamara Transcript

8. Unfair Terms in Consumer Contracts Act 1999

9. Unfair Contract Terms Act 1977

10. Office of Fair Trading Statement

 

It is time consuming trying to locate all of these, when you start to find broken links etc.

 

This does not mean that you do not have to understand the documentation and please do not email me asking questions.

Hi Guido,

 

Any chance you could forward me the pdf as described. Would be much appreciated...

 

Thanks in advance,

 

j

[chauvesouris]

Isn't that the one that's here?... Basic Court Bundle

[jonster76]

I've downloaded the basic court bundle, but it doesn't contain the McNamara transcript or some of the other bits and bobs. I was hoping guido's was more complete.

 

merci, tout de meme.

 

j

[jowalshy]

Hi jonster, if you PM me your e-mail address I can send a copy over to you. I also have the Australian Default Charges Report by Nicole Rich aswell if you are interested in it.

[jowalshy]

It is on its way.

 

Good Luck

 

JW

[getmyrefund]

I have posted this offer elsewhere and previously on this thread (but it will probably be missed now).

 

I have a single PDF with most of the core generic court bundle documentation, if anyone would like it then PM me your email address (I cannot sent it to you without this address).

 

It includes the following:

1. Dunlop v New Garage case summary

2. Robin v Harman extract from Keating

3. Murray v Leisureplay transcript

4. Australian Unfair Fees report

5. BBC Money Programme Summary

6. House of Commons Early Day Motion

7. Peter McNamara Transcript

8. Unfair Terms in Consumer Contracts Act 1999

9. Unfair Contract Terms Act 1977

10. Office of Fair Trading Statement

 

It is time consuming trying to locate all of these, when you start to find broken links etc.

 

This does not mean that you do not have to understand the documentation and please do not email me asking questions.

 

HI Guido,

Could you send to me your bundle documentation please.

Thankyou,

(getmyrefund)

[lateralus]

as it says in post 45 - you need to pm guido with your email addy for him to send it to you.

[PrincessH]

Hi Lateralus,

Firstly, Id just like to say THANK YOU SO MUCH for the court bundle for dummies...I was finding it problematic figuring out what I needed to include and I am most definately a dummy!

I have a question though...I didn't have to fill in an allocation questionnaire and from what I gather from various threads a lot of courts have scrapped the AQ as it isnt that neccassary..am I right in assuming this?

As a result, do I need to include a statement of evidence in my court bundle...Or am I being a dummy again?!

Look forward to hearing from you!

Princess

[Celicaman]

Hi Lateralus,

Firstly, Id just like to say THANK YOU SO MUCH for the court bundle for dummies...I was finding it problematic figuring out what I needed to include and I am most definately a dummy!

I have a question though...I didn't have to fill in an allocation questionnaire and from what I gather from various threads a lot of courts have scrapped the AQ as it isnt that neccassary..am I right in assuming this?

As a result, do I need to include a statement of evidence in my court bundle...Or am I being a dummy again?!

Look forward to hearing from you!

Princess

 

Hi Princess, Welcome to the CAG forums,

i think lattie is off somewhere riding her white horse, so in answer to your questions.

If the court have not sent you a AQ to fill in, then its not required. Its still worth ringing your court, quoting claim number and double checking, also confirm that no AQ fee is payable.

Court Bundle. One of the most important parts of the bundle is the statement of evidence, as it is the full detailed list of your claim including all the evidence you would use to back your claim up, IF it ever went to court.( It wont )

You will get all the help you need on the CAG forums to acheive a successfull claim, without going to court.

 

I would advise you keep reading up on everything to learn as much as possible. IT all looks confusing at first and we have all been in the same situation as you

Can we ask that you also start your own thread, with postings of what you have done so far & what template letters you have used to put your claim together (please omitt personal details).

 

http://www.consumeractiongroup.co.uk/forum/

 

Click here to go to main page, scroll down till you find your bank, then click on that & it takes you to your banks forum, then on there, you will see a Start thread button, click on there & name it what you want Princess vs ***** and then fill the next box with all your details of what you are claiming, & submitt, thet is then your story so peeps can follow it and answer your questions, keeping it all together.

then if you want post the link back on here, we will pop in & have a look, you can still post on here as well as other topic related forums for answers to your questions.

 

Hope that helps

 

Celicaman

[BC312]

There's a lot of paper work to send x3. Just wondering if you can claim for the costs. If the bank offers payment can you ask for extra seeing as they have taking you this far without the intention of attending court.

I have only a short time to submit my bundle because of the delay with the court. If they charged me the £35 can i claim it back from the bank.

Where would i find the T&C of Clydesdale bank. I finished with these morons a while back before the OFT allowed us all to claim back from the bank and i not sure if i can find the T&C as i didn't think i would ever need it.

[freakyleaky]

Have a look at this for your wasted costs question Wasted Costs order

What is the 35 for?

T&C's for clydesdale should be on a thread in that forum somewhere!

[Celicaman]

have a look in this forum fot T & C's

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/

 

Once your claim is complete & bank have paid up, you can apply for wasted costs, but only do it when claim complete, do not try to get it included in settlement.

Im sure lattie will be around for that later

 

CM

[lateralus]

you guys have got it covered

[JILLYFLOWER]

Hi

 

Can anyone reading this thread help me to locate Australian Unfair Fees report and Robinson v Harman?

Court bundle almost complete PHEW!! Thanks to all the support on this site

Thanks

[hunkydory]

Could we include in my husband's bundle evidence of HSBC paying my claims at the LBA stage or is this irrelevant??

Thanks in anticipation!

[Castlebest]

You will find all HSBC's offers and DG's for that matter are marked "without prejudice" which bars them from evedence in court.

 

pete

[lateralus]

jillyflower, look back at post 130 - jowalshy will send it to you if you pm her.

[larneylarnes]

Thanks Guido for that info, and appreciate v much the quick service!

[BC312]

Desperate for help, can't find my T&C for Clydesdale Financial Services, its all i need to finish off the bundle, looked and asked on the forum for a copy still no luck. Is T&Cs needed for a court bundle as i have heard that without it the case is stuck out. Any comments?

[lateralus]

BC312 - found these on their website - better than none at all!

 

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[BC312]

Hi Lateralus Thanks for that. Although the judge has not asked for the T&Cs should i just send what he has asked for which i have nearly finished knowing that Clydesdale as with any bank won't submit their true costs, so their defence will be stuck out. What do you think? I have heard that a case was struck out recently because of this, the Kevin Berwick case.

 

With the statement of evidence which i have copied from one of GaryH's

I would like to explain my unusual case with Clydesdale. I took a loan out with them in 2003 for goods for about £1200 which includes Clydesdale's interest of £400 plus another fee for about £100 or something near that without looking at the moment, over a period of 36 months @ £35 a month paid through DD. I defaulted in 2004 once in July. They sent the usual letter with a charge of £15. I paid up with cheque the amount of £35 but they didn't deduct it from my account with DD. Didn't think nothing of it. The loan was meant to have ended in March 2006. As with life a DD is the last thing on your mind, I was expecting a letter telling me that the loan was ended but didn't hear nothing. My bank was still paying the DD and when i defaulted with the DD in July they charged me £20 plus a new letter charge of £22.50 Thinking that the loan was still going, couldn't find the paper work, i paid it, another £35 expecting them to take out the charges, but because i paid it late they stung me again. I was sure that the contract of the loan was finished so i cancelled the DD so the sent me another charge demanding payment and the usual letter charge. When i rang them it was very difficult to find out the total owed, basically they wanted to get what they could out of me The letter they sent was for £29 a bit low than usual, when i demanded the total costs to rid the buggers from my life, they wanted £90 odd pounds. Rather than take out the charges at the time of default or when the next DD was due, they extended my 36 months by and extra 6 months, longer if i didn't settle up, with out notifying me. They also didn't tell me of the increase of charges from £15 to £20 plus an additional Arrears letter charge added.

So the T&Cs with Clydesdale was either unusual or they thought they could play god and do as they like, as knew no man on the street could touch them and take them to court, until now, so i hope.

Here what the judge ordered. Any comments would be useful. I hope i have not upset the Mods on this thread. but it is a mine field and when desperate when help is needed all goes quiet, for some strange reason.

 

The judge has ordered that;

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

2/ to the extent that he has not already done so the claimant shall within 21 days of the date of this order send to the defendant and the court;

 

a/ a schedule setting out each charge which is sought to be recovered, showing the date amount and the reason given, if any, for that charge being made;

 

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

 

c/ a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties of otherwise;

 

d/ Copies of decided cases and other legal materials to be relied upon.

 

3/ The Defendant shall within 42 days of the date of this order file and serve a response to the claimants schedule stating in respect of each item claimed;

a/ The contractual provision pursuant to which the charge was made and exhibiting a copy of the contractual document relied upon;

 

b/ whether 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 defendant's loss incurred by the claimants act or omission (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial so as to what the true cost of dealing with the matter was;

 

d/ if such charges is not alleged to be a pre-estimate of the defendants loss incurred by the claimants act or omission, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trail so as to show that the charge was fair and reasonable.

 

e/ statements of any witnesses whose evidence is intended to be relied upon.

 

f/ copies of decided cases and other legal materials to be relied upon.

 

4/ if the claimant does not comply with paragraph 2 of this order the claim be and the same hereby struck out.

 

5/ if the defendant does not comply with paragraph 3 of this order the defence be and same is hereby struck out and the claimant may request judgment on form N225

 

6/ the claim shall be listed for hearing on the first open date 56 days after the date of this order in a bulk list with a time estimate of 15 minutes. (see attached hearing notice) if the case is likely to be effective parties must inform the court not later than 14 days before the hearing and file a new time estimate to enable the court to re list if necessary.

 

7/ 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.

[lateralus]

i hope you are on top of this - do you understand the directions?

 

you only have 3 weeks from the date of the letter to submit what is asked for -

a. your itemised schedule of charges including dates, names and amounts of each charge

b. statements with the charges on them

c. statement of evidence - see post 1 of this thread

d. settled cases list and pretty much the rest of the bundle - also see post 1

in triplicate - one for court, one for dg and in within 3 weeks of the date of that court direction.

 

good luck - hope you've got it under control.

[JILLYFLOWER]

Thanks Lateralus

 

Can you advise

- T & Cs Barclays - Do I need to include the full 'booklet' or will the terms and charges leaflet (1 sheet) be adequate? this relates to the period for which I am claiming/ not the date when acc opened. When I phoned them for these they were most unhelpful and said they didn't keep past T&Cs!!!

- aslo I believe I should enclose settled case list, ( Barclys or all banks) from the link on this site I just got one list of Barclays wjich only related to last year? Am I in the wrong place - bit of a novice finding my way around.

 

Anyone help please - bundle due in end of week

Thanks:confused:

[JILLYFLOWER]

One other point please

 

Have produced Statement of Evidence thanks to help on here:confused: - do I also need witness statement or is this same thing?