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Help needed with the court order!


libs555
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Hi all

 

I've been reading this site for ages but only now need to start my own thread for some help. I've received a 'Notice of allocation to the small claims track (hearing)'. The wording is as follows:

 

IT IS ORDERED THAT

1. This claim is allocated to the small claims track.

2. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount and reason (if any) for that charge being made;

b) Copies of any statement or other document relied upon a showing that each and every charge has been made.

3. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trail as to what the true costs of dealing with the matter was;

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was caculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

4. Each party shall exchange and file witness statements by no later that 4.00pm on 11 September 2007 whereupon the file will be referred to a District Judge.

 

So what I'm asking is what action do I need to take? I think I should send the schedule of charges and copies of the statements within the 14 days deadline, but then what? Is the date mentioned the hearing date? Do I still need to do the full court bundle, and if so by when?

 

Sorry to ask so many questions, but it just isn't clear to me what I need to do!

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So what I'm asking is what action do I need to take? I think I should send the schedule of charges and copies of the statements within the 14 days deadline,

Yes, that's all

 

but then what?

Then witness statement by 11 Sept.

 

Is the date mentioned the hearing date

No at that point it will be referred back to the judge for a hearing date

Do I still need to do the full court bundle, and if so by when?

 

Not until directed by the court.

 

HSBC is unlikely to comply with 3 a, b, c and d and may apply for a stay or more likely, settle

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