confused about court order

[janeyjackson]

Not sure if this where to start as I am new to this.Can anyone please help me here.Worrying desperately about what to put in court statement by Friday and even more concerned about order from court stating I must co-opertate with LloydsTsb solicitors in preparing court bundle.That it will be a joint bundle so to cut paperwork.I phoned Lloyds solicitors to query this and they said this must be new and they would send me a request by fax if they wanted anything from me.Amazing since I have no fax and they did not ask my name.Help please!

[PKea]

Hi there and welcome to the Forum

 

Can you post exactly what the court order says then we will be in a better position to advise you

 

Paul

 

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[janeyjackson]

1.The Claimant shall by 4pm on the 22nd of June 2007 pay the court allocation fee of £100.00, unless the claim is for a sum less than £1500.00 when no allocation fee is payable.

2.The parties shall by 4pm on the 29th 2007 send to eachother statements of the evidence of any witnesses of fact they intend relying upon at the trial of this matter and shall append to those statements any documents they intend relying upon.

3.The parties shall cooperate to prepare a bundle of documents for use at the trial such bundle to include the statements referred to above.

4.Each party shall prepare a skeleton argument and that shall be included in the bundle referred to above.

5.The Claimant shall lodge a copy of the bundle at court 27th July 2007 and upon lodging of the trial bundle the court will consider the the listing of the matter.

6.The Claimant shall,when lodging the bundle, inform the court whether the Defendents have complied with this order and if not what respects they have failed.

7.The Defendent shall, at the expiration of the time specified in paragraph 4 above,inform the court whether the Calimant has failed.

8.The parties should note that the reference to statements includes the statements of the parties themselves as well as any other witnesses they intend calling and that the judge may decide not to take into account any documents or evidence not served and lodged as directed above.

9.The matter be allocated to the Small Claims Track and listed on a date to be fixed by the court.

 

(I have not made an error in prder 7 it actually refers to order 4)

[GuidoT]

This is indeed new. Do not waste your time phoning SCM, to say they are unhelpful would be a compliment.

 

You must prepare a bundle as here:

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

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

Then you are required to agree the contents with SCM (Lloyds' solicitors) who will invariable fail to respond to any requests to agree anything. You will need to write to SCM asking for their agreement so that you can show the judge how un-cooperative they are, hence paragraph 6.

 

On the 27 July 2007 write to the court enclosing your bundle saying that SCM have not responded to any of your requests (enclose the correspondence) and request that the claim is struck out.

 

Although different circumstances, I managed to get Lloyds' claim struck out as they did not comply with directions, you should read here to get an idea of how they operate:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb.html

[janeyjackson]

only a day left to make statement and am very confused about what is required.Order states I must send to Lloyds a statement of the evidence of any witnesses of fact they intend relying upon at the trial of this matter and shall append to those statements any documents they intend relying upon.

This sounds more like a bundle to me.What do I need to send?

[janeyjackson]

Thank you so much for that it is most helpful but could you please tell me what I should include in the statement because to me it sounds like I have to do the whole bundle.Am I misunderstanding this?

[GuidoT]

Yes the whole bundle. The links in my post 4 include a statement template.

[janeyjackson]

I dont mean to sound stupid but are you saying that the statement is the whole bundle?Or do I get the statement together for Friday and then prepare the whole bundle for the 27th July?I guess I am asking what do they require in the order referring to the statement?

[janeyjackson]

I dont think I can do it.I feel overwhelmed.I thought I only had to do statement and would have plenty of time to do bundle but now it seems I have to do entire bundle by tomorrow.I have phoned the court to query what is required and they were not helpful.

[janeyjackson]

Is there anyone out there who can give me an answer on this?Please

[Kjball]

I am just thinking better safe than sorry I would prepare a whole bundle.

 

It doesn't take too long if u get stuck don't be afraid to ask!

 

HTH

 

Kim

[GuidoT]

You can do it, it is a lot to take in, keep reading around it will sink in.

 

I do not advocate missing deadlines, but if you are late by few days then it will be okay.

[BARTY]

Hi

This should help:

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

Good luck!

Barty:)

[janeyjackson]

Thanks for the advice.Do I need a copy of lloyds T&C's?

[GaryH]

I am very sorry to pm you but am desperate.Could you please tell me what you think this means - My court order says under paragraph 2 The parties shall by 4pm on the 29th June 2007 send to each other statements of the evidence of any witnesses of fact they intend relying upon at the trial of this matter and shall append to those statements any documents they intend relying upon.

What do you think this means?Do I need to do the whole bundle for this or make just a statement?

Just get a witness statement in by the 29th (today!) then the bundle follows next month.

 

Here you go, there's one here -

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732096