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Burtonaction V A&l


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Hello one and all, I have just got a letter from my local court, my case will be heard in the small claims court on the 6th September. I have to produce documents by the end of this month, if I post the details of the judges directions can anyone help me make sure I have the right papers?:???:

Thanks

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:grin: Just the kind of answer I was expecting and hoping for. How much detail do you need? How far should I go back with the events of my claim? Or do you wonderfull people just need the directions?

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just a brief summary and the directions should do:)

 

GOT A COURT DATE? A guide to the later stages

 

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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A little delayed but here goes...

Filled through MCOL for a shade under 5K plus 1.4K interest, used the POC taken from the MSE website. Recieved standard W&C defence and was transfered to Bournemouth Court. Recieved and completed AQ incuding the draft order from this site. Had notice of allocation to Small Claims and 15 minute hearing set for september 6th, directions as follows...

 

1) Each party shall deliver to every other party and to the court office copies of all documents (including expert's reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered by 4pm on Tuesday, 31st July 2007.

3) The original documents shall be brought to the hearing

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been givne to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

 

So, do I need to put together and internally digest the entire bundle?

Do all the documents need to be with W&C by 4pm on Tuesday, 31st July or just with the court by then? Has anyone put together all the T&C from 2001 onwards?

 

I hope everyone is having a good weekend, I was untill I sat down to start sorting this out. Thanks in advance for any and all help offered.:)

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Hi there,

 

Sounds like you have to complete a Witness Statement and include your charges schedule, copies of bank statements (just the ones with charges on highlighted), the "Basic Court Bundle", your T&C's (for start of claim year and end year) and anything else you want to include like online BBC articles, etc.

 

If you look at the A-Z in my signature, you'll find the Witness Statement templates and the Basic Court Bundle (legal documents) to tailor to your needs and print off.

 

"Every other party AND the court office" by 4pm 31st July.

 

Get other views first, don't just rely on mine, as all these orders vary greatly and you'll probably get different opinions:rolleyes:

 

Drop me your email address by PM and I'll send you my Index of Documents, which should be very useful guide.

 

Good luck!

 

Mimiicon7.gif

  • Haha 1

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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What a day!

Car broke down last night and going to have to fork out for it's repair today. Then wake up to the OFT case announcement, listening to all the chat on the news is making it tough to finish off preparing my bundle to go in the post today for Tuesday's deadline. I'm telling myself that there is a chance that A&L will forget to submitt their papers in time and that the judge will order in my favour but I'm sure all I'll hear from the court is that my case has been stayed.

Am I begining to wish that I'd settled for half my claim last month?

:(

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hi there burtonaction

 

sorry to hear about the car..... must have been

one of those days !

 

don't let it get to you

stiff upper lip and all that......

 

just get stuck into that bundle and send it off to the court. :)

 

advice is,

if you have a court date - carry on with the claim, and continue to prepare for your hearing.

 

it is very likely that each judge/local court will handle the news of the OFT Test Case in a different way.

each court has their own methods as has become evident on this forum.

 

you could of course ring your local court to see if they can offer any advice.

 

A&L may ask for a stay on all their claims

and there may be a few judges who will grant their stay

and there may be a few who won't - who is to say at this stage ?

 

have you read the STICKY thread that was very kindly posted above by Scooter

alanfromderby Moderator has also made an ANNOUNCEMENT in red about the OFT (at the top of the forum)

 

you can find information on the bbcnews24 website

 

at least you will have the satisfaction of getting all that court bundle paperwork out of the way....

and feel you have done something constructive -

plus - have a lot more room at home ha ha ha

you'll be able to see your table/desk ! ! !

 

we're drowning in paperwork here !

 

I have just been given a court date, and am expected to send in my cheque for £100 - and wondered yesterday

should i post the cheque off now, or should i hang on to it.

 

after all -£100 is better in my pockets than the courts

and it could be with the courts for months if my court grant a stay ?

but this morning, i have decided to send it off

 

good luck with your claim

 

alice down the rabbit-hole

x

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Thanks Alice,

 

The support is very welcome and your thoughts mirror mine, I will get the papers in on time and ask the court if they have any idea of how things are going to proceed.

However, I am going to wait untill next week as I have had enough bad news in the last 24 hours.

I hope we both get lucky with our judges (o'er) and that neither case gets stayed but at least we can be pretty confident that we'll get our money either way.

For now I'll console myself in the fact that it's payday, I have a free weekend and I am going to go enjoy myself... I think that's how I ran up these charges in the first place!

Some poeple never learn. ;)

x

 

Anton

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Hi Anton.

 

very sweet of you to reply.

 

good to hear you're looking on the brightside

I can feel a song coming on.......

 

(I'm Mr.Brightside !)

 

someone is a lucky duck - Payday ! :p

 

which reminds me of the views lyrics - face for the radio !

 

wages on a friday

spent on saturday

lend us a fiver

won't do that agen

 

oh - so reminds me of my youth !

 

ENJOY the weekend

 

LIVE LOVE LAUGH AND BE HAPPY !!!!! :p

 

 

alice down the rabbit-hole in wraggeland

xx

 

ps

get to know all these songs because i have two

teenage children.....

keeps me young

I'm an old youngie

or a

young oldie !

x

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its only money chubba

 

money we thought we'd never see again !

 

you'll only spend it all anyway ! ha ha ha ha ha :lol:

 

 

how many holidays have you booked ?

 

 

at least we've all made lots of nice friends

 

on here !

 

 

alice down the rabbit hole x hic hic

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:D no holls booked, only a new bike is needed to make me happy.jenny is getting me the gloves( little does she know i want expensive ones lol )and my partner a new helmet.(that will set her back a near fatal amount rofl)so i can keep some of my money where no one can find it.:lol:
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Shusshhhhhhhhhh

 

don't let the fox know there will be some money left over

 

 

he'll ransack your place before you can say

 

lend me a tenner

 

or should that be

 

lend us a bob or two (square-bob or two) :p

 

he's as crafty as a fox alright

or is that a box of monkey type sponges

 

by the way

 

did you know the Queen received

 

A SPONGE (SQUAREBOB) ?

 

For one of her wedding presents ???

 

 

I'm getting too BIG for this Room now , gotta go.......

 

alice in wraggeland x

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Where Is Alice?

They seek her here, they seek her there. She is soo elusive.

Boys and their toys, I to had dreams of jumping on my 'Hog' and rolling down route 66. Will still do it even if A&L dont cough up. Nice to dream though. Friend of mine said once you know what they owe you, it'll soon get spent. Look at it realistically, unless you truly kept a track of what was being nicked, you never knew the true amount until you looked and added it all up. So, now we want it back, we want it back so badly, it hurts. But what if we don't get it back? We always knew we were getting ripped off, but probably didn't realise by how much. So, it's a bit like the kid who's ball goes into the old mans garden, either he gives the ball back or he doesn't. How do we make them pay?

 

Baron EverBroke

Poor House Lane

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Sorry to interupt these giddy Friday feelings but does anyone have a witness statement template relevant for the A&L?

I have been struggling over one I downloaded for lloyds claiments but I'm getting nowhere and I want to get over this last hurdle!

:x

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No template,

 

But if you PM Squarebob most privately your email address he will send you his and you can just chop out (his details) what you don't want..

 

Ivor Dream (Bet you wish you stayed at home now!)

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Horsefeathers Men Never get tired just worn out.

 

Glad everything came thru, Alice have you read this?

 

P.S. Take a tip. When you're tired, put everything on the back burner, chill out, come back refresshed, then things won't seem so bad. Took me a long time to accept that this was the the way forward, now though I'm making up for it.

 

SB

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Just a quick update...

 

Got my bundle in on time today, so many thanks to Mimijane, alicerose and squarebob for their help and support. My will to fight on has returned!

Whilst at the court this morning(Bournemouth) I asked the office what was happening with pending cases. She told me that the court was asking each judge to look at their up coming cases and decide which if any should be stayed.

I asked if they had recieved Wragge's bundle for my case and/or a specific request for a stay and they said they hadn't. So unless it arrived in the second post then they'll have missed their deadline.

So two questions,

i) Assuming they've not filled their papers, what should I put into the judge as a request for the case not to be stayed and for judgement by default?

ii) If they have filled, what should I put into the judge as a request for the case not to be stayed?

My hearing is set for 6th September.

Thanks. :)

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