Have I messed up??

[adam44785]

I am currently helping my girlfriend out with her claim against Natwest it is for over £4000. She was given an offer which we refused so we issued a claim on moneyclaim, filled in the questionaire etc. On 25 June she was given a court date for 30th July. We haven't done anything with it since, not realising that court bundles have to be submitted before the court date.

 

After reading the letter with the court date on it there is a paragraph that reads "Any witness evidence of documents to be relied on by the Claimant must be filed at court and served on the Defendant not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the Defendant must be filed at Court and served on the Claimant not later than 7 days before the hearing."

 

Does this paragraph refer to the court bundle? If so have we damaged our chances of winning in court by not submmitting it in the timescales given.

 

Has anybody got any advice on where we go from here?

 

Thanks in advance.

[hedgey06]

Hi adam,

 

It sounds as though they're asking for the court bundle to be submitted. But before I advise further, could you post up exactly what the directions from the court are please?

[adam44785]

Thanks.

 

The court directions are:

 

1. This case is one of a number listed on the same date. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.

 

2. If the claim is settled, the Claimant must promptly give notice in writing to the court stating that the claim is discontinued.

 

3. Any party may rely as evidence on a statement of case (if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth.

 

4. Any witness evidence of documents to be relied on by the Claimant must be filed at court and served on the Defendant no later than 21 days before the hearing. Any witness evidence or documents to be relied on by the Defendant must be filed at court and served on the Claimant not later than 7 days before the hearing.

 

5. It will not be necessary for any party to file or exhibit a copy of the OFT report 'calculating fair default charged in credit card contracts' though it may be referred to in any written evidence.

 

6. Each party must provide its documents and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and names of the parties.

 

7. No cross examination of witnesses will be permitted, except with the permission of the court.

 

8. No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence of fact as to the manner in which charges are determined by it).

 

9. The Claimant must, if she has not already done so, including in her bundle of documents a full list of the charges disputed, specifying the date and amount of each and the reason given for it.

 

10. If any party relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing.

 

...........hope you can help.

 

Many thanks.

Adam

[hedgey06]

I'm assuming this is the 'final' hearing (as opposed to allocation, prelim or directions hearing). If this is the case, then I suggest that your girlfriend phones the court immediately as a matter of urgency to see if she still has time to submit her court bundle. Also, ask her to check with the court if cobbetts have submitted any documents (I would be surprised if they have).

 

I'll also check what else she'll need in addition to the court bundle.

 

Have you put the actual bundle together yet??

[adam44785]

Hi

 

I have phoned the Court and they said I have plenty of time to get it to them but more importantly I have to get a bundle to Cobbetts. As yet, Corbbetts haven't submitted anything. They were v helpful!

 

Can you give me any advice on what I should put into the bundle please?

 

Thanks

 

Jayne

[hedgey06]

Phew! Panic over!

 

You'll need the basic court bundle which is here Basic Court Bundle click on the links as advised and you'll be able to print off additional reports to go into the bundle. Also, read the directions for putting the bundle together carefully (e.g., number the pages, include copies of all bank statements that have charges on them, include all correspondence between you and the bank/cobbetts, all cases and statutes that your claim relies on, etc).

 

You'll find these threads useful as well: GOT A COURT DATE? Important, please read...... and GOT A COURT DATE? A guide to the later stages

 

Once you've got everything together, I'd advise sending cobbetts their copy by special delivery and taking a copy to the court also.

 

Post back if there's anything at all that you're unsure of or if you need additional links.

 

Best of luck

[hedgey06]

Jayne,

 

Just as an addition to the above, try to make sure that you've got a copy of the Terms and Conditions in your court bundle. Ideally, you should have them from the year the account was opened plus any from when you changed your account status (e.g., became advantage gold, etc). At the very least, include a copy of the latest T&C's (you can download them from nat west's website). And have a look here http://www.consumeractiongroup.co.uk/forum/show-post/post-867010.html as Steven4064's given an excellent commentary on why the charges are penalty charges.

[zootscoot]

Was this Birmingham by any chance?

 

If so please post here:

 

Birmingham CC 30th July

[adam44785]

Hi Hedgey

We spent about 3 hours last night putting together a court bundle, we did include the terms & conditions.

I'm going to send it recorded delivery today to cobbetts. Is it true that they have moved address?

Thankyou very much for all your help it is very much appreciated.

Adam & Jayne