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what doesd this court letter ask me to do?


Lewt
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hi i have got a letter from the court today and not sure what it means.

 

 

it say's....

 

Before the District judge watson at northampton county court

 

upon reading the documents filed and upon it appearing that there are many similar case's proceeding in this court which do not come to trial, and upon recognising that the courts resources are finite and of the courts own motion

 

IT IS ORDERED that

 

1 the claim is allocated to the small claims track???????

 

2 the claimant shall by 13 july 2007 file and serve on the defendant a schedule setting out each charge of which the claiment claims repayment, together with an explanation of the basis on which the claiment claims that each charge is unlawful or any other basis on which the claimant claims repayment.

 

3 if the claiment fails to comply with paragragh 2 of this order the claim shall be struck out without further order.

 

4 the claim shall be stayed between 13 july 2007 to 10 aug 2007 to give the parties an opportunity to reach a settlement.

 

5 if no settlement is reached by 10 august 2007 the defendant shall by 24 august 2007 file and serve a schedule in response to the claiments schedule stating , in respect of each item clsimed:

 

a; pursuant to which, if any, contractual provision such charge was made

 

b; if such a charge is alleged to be lawful, the basis on which it is so alleged

 

c; if it is alleged that the charge is a genuine pre estimate of the defendants loss incurred as a result of the claimants actions Wwhether or not such actions are in breach of contract) , all facts and matters on which the defendant relies as showing that the charges are a genuine pre estimate of loss inculding the defendants positive case to the actual cost of dealing with such actions and

 

d; draft directions for the further conduct of the case, to be agreed with the claiment if possible.

 

6 if the defendant fails to comply with paragragh 5 of this order , the defence shall be stuck out and the claiment shall be entitled to judgement without further order.

 

7 if the defentdant complies with paragrapgh 5 above the matter will be referred to the disrict judge for directions.

 

8 this order has been made by the court of its own initiative without hearing the parties or giving then opportunity to make representations. Any party affected by the order may apply to have it set aside, 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.

 

 

So i think i have to serve an ammended claim but i aint sure what to write any help would be great thanks.

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Hi what you need to do here is send in your Charges that you are claiming for and how you worked the interest out and any other info to back up your claim of the charges been unlawful.

 

All of which you should find here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

i think there is a sticky somewhere telling you what steps to take and when.

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just looked what is it i need to write as i worked out the charges on mse....

 

there was something i wrote on my barclays ammened claim that explainit all (why they are unlawfull) but i cant find it now

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  • 3 weeks later...

i still aint done this letter and it needs to be sent tomorrow, will the postal strike affect this? i dont know what to write shall i write dear..... these are the charges and this is why i think its unfair? please help me... i really dont wanna lose this £500+

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I SHALL TAKE This To Nationwide In Northampton Tomorrow. Will That Be Ok?
If U do, make sure that U get a receipt from the receptionist.

Although personally, I would still be inclined to send it by Recorded Delivery (...the Court will allow 2 days for delivery) to Nationwide's Solicitors, who are dealing with your Claim, if known.

Or alternatively, to Nationwide's Registered Address in Swindon, cos that is the address that U should have quoted to the Court when U initially Filed your Claim.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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