2 days to submit court bundle! Help!

[chris0709]

Hi. It's taken me ages to get here. Hope someone can help.

 

My court date is 3 September (a pain - why so far off when I issued my claim on 3 April?) I've got 2 days to submit my court docs (draft order for directions) to Brentford county court. I've printed out the basic court bundle, but I'm worried about a few issues. This is my POC statement:

 

"I am claiming a refund of disproportionately high o/d charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. I am also asking for interest on these charges to the sum of £250.00 which is a conservative amount for the overall sum charges of £2960.00 I've paid in overdraft penalty charges since February 2000" (schedule of charges list from feb 2001 however).

 

1. I filed my MCOL before I joined this site and l think this was a reason the defense urged the court to strike out my claim due to my particulars of claim not specifying account details/particulars (I have since written a pre-trial letter to Barclays solicitor (Adrian St John), enclosing my schedule of charges, and urging an out of court settlement. No response

to date (a month ago). Can my case be struck out on this basis? I've read in some threads that this can happen. Should I fill out a N244 form to restate my POC? I really can't afford to pay anymore court fees as I'm heavily in debt and currently consulting with a debt solicitor.

 

2. Is it absolutely imperative that I submit a copy of Barclays Terms and Conditions? I'd need one for 1993. I can't find mine and won't meet the submission deadline if I write to Barclays requesting this.

 

3. Finally, should I submit a copy of Barclays' "without any admissions of liability" settlement offer of £1000.00? I never responded directly to this, although I mentioned in a letter to their barclayloan section that I'd accept it if I could pay lower monthly repayments. They wrote back

about not being able to tie these two in as they were separate issues.

 

The court must receive this bundle before wednesday 21 June. Any advice would be greatly appreciated. Thanks, and all the best in your own attempts...

 

chris0709:?

[saintly_1]

What does the court order actually say ?

What exactly is it asking for ?

[oneofakind]

Surely you don't need a full court bundle at this stage; usually that's only submitted 14 days before court.

 

[saintly_1]

Thats why i asked what did the orders say and what was it asking for

[chris0709]

Thanks for responding guys.

 

Letter says the district judge "has considered the statements of case and allocation questionnaires filed (didn't fill out one though as previous court letter said this was dispensed with) and allocated claim to the small claims track". And also, "See attached Order for Directions".

 

Here it says: "The claimant shall within 14 days of service of this order send to the defendant and to the court" ...(lists the standard court bundle documents), then, "If the claimant fails to comply with this order, the claim will be struck out without further order".

 

I called the court to clarifly the deadline for submission and spoke with a secretary who confessed she didn't really know the procedure but to submit the documents 2 weeks after the date on the court hearing letter.

 

I hear your argument about 14 days before the hearing, but the second half of the order says the Defendant shall within 14 days thereafter (of receiving my docs) file and serve a response to the claimants schedule".

Or are you implying that only the court need receive these documents 14 days before the hearing?

 

A main worry is: will I be OK with the not-so-specific particulars of claim I filed? Thanks in advance.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html have a read here

[splcrazy]

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