Urgent Help Needed! - HSBC Filed Claim at Court What do i do??

[dominorally]

Thats fine Dom very succinct:wink:

 

Roughly whats the value of your intended claim verses their summons amount?

 

 

My initial claim was for £2352.29 Including interest. However this is for a period which covered 2009 to 2002.

 

On the claim from NCCBC the amount was specified as £2380.60 plus court fees and solicitors costs =£ 2535.60

 

on the general form of judgement or order the amount was £2505.40 plus£330 costs

 

On the demand letter the amount was £2380.60

 

Now The amount on the statement copies they sent me which are from Oct 04 - 28th Sept 09 (account closure) is £2755.77. charges and interest charged.

 

 

I think I dropped a bit of a B**&&ock here because when I went to the set aside hearing I quickly added up the amounts from my own statements printed from internet banking which came to £1685.43 which I thought was correct and with which i challenged the outstanding amount. however i think that figure is wrong now i have compared to the copy statements i got which comes to £2755.77 including the interest charges shown .

 

 

dom

[AndyOrch]

Excellent don't worry about the ballhooks:madgrin:

 

Is that figure up to date with compound interest? I think you should be submitting a defence and a part 20 counterclaim thats why I'm interested in your figures.

I have a lot on tomorrow with other claims and so it will be Saturday before I can get a defence together for you.

 

Regards

Andy

[dominorally]

Excellent don't worry about the ballhooks:madgrin:

 

Is that figure up to date with compound interest? I think you should be submitting a defence and a part 20 counterclaim thats why I'm interested in your figures.

I have a lot on tomorrow with other claims and so it will be Saturday before I can get a defence together for you.

 

Regards

Andy

 

 

I used one the spreadsheets from this forum. i will have to check which one i sent them i imagine i will have it saved on my pc somewhere but the figure i claimed for was based on the spreadsheet figures - between 2002 and 2008

 

 

 

yes i just found it.. i filled in the figures on the complex spreadsheet dates between Aug 02 to may 08.

 

looks like it is still running and calculating interest.

 

I printed and sent them a copy at the time of my first letter april 09

 

I am just hoping i will have enough time to get all the info i need to serve with my defence. I can leave the bundles for some one a to take to the court and was thinking of recorded delivery to the Solicitors? hope that is right

 

i was thinking of putting a bundle together of absolutely everything, i can lay my hands on just in case i want to mentio it in court... is that right??

 

dom

[AndyOrch]

The main thing for now is to submit the defence on time dont worry about attachments, bundles at this stage.The latter process will allow for that

along with disclosure and WS skeleton arguments etc.I will draft the bases of the defence and CC along with legal merit and argument for you to complete and finish.

 

Ok for now Domino?

 

Regards

 

Andy

[dominorally]

The main thing for now is to submit the defence on time dont worry about attachments, bundles at this stage.The latter process will allow for that

along with disclosure and WS skeleton arguments etc.I will draft the bases of the defence and CC along with legal merit and argument for you to complete and finish.

 

Ok for now Domino?

 

Regards

 

Andy

 

Judges Direction

3. The defendant shall file & serve by 4pm 19/8/11 a fully detailed defence, setting out the basis upon which the balance of the claim is defended. the defence shall set out all the facts relied upon by the defendant & all relevant calculations.

 

Right ok so i misunderstood what i needed to do then! reading this again I just need to file & serve the defence NOT all the documents that i will rely on in court?? That right?

 

 

Then direction 5. There shall be disclosure of documents by 4pm 9/9/11 and inspection shall take place by the 23/9/11 which relates to my docs as well as the claimant. Yes?

 

Dom

 

Andy thanks very much for all this!!

[AndyOrch]

Judges Direction

3. The defendant shall file & serve by 4pm 19/8/11 a fully detailed defence, setting out the basis upon which the balance of the claim is defended. the defence shall set out all the facts relied upon by the defendant & all relevant calculations.

 

Right ok so i misunderstood what i needed to do then! reading this again I just need to file & serve the defence NOT all the documents that i will rely on in court?? That right? Correct as stated above

 

 

Then direction 5. There shall be disclosure of documents by 4pm 9/9/11 and inspection shall take place by the 23/9/11 which relates to my docs as well as the claimant. Yes? Use the N265 to list all documents that you will refer to in your defence (wont be many in your case) exchange simultaneously and then request any off their list that you are missing or need.

 

Dom

 

Andy thanks very much for all this!!

 

 

Andy

[dominorally]

Andy,

 

yes ok I have seen this form. will fill this in tomorrow. I guess the defence will determine what docs i will be disclosing and what i need from the other side. From what I have had already and what you have said so far the default / termination notice is the key thing? and some of the docs i have been trying to get are not really that important.

 

Cheers

 

Dom

[AndyOrch]

Correct Dom

 

Wait until the defence and then if I refer to anything such as LBAs CPR WS that will give you your batting order for the N265.

The killer here is the Notice served under section 76(1) 98(1) which as I have said acts like a termination recall note of said O/D and in away

is a version of a Default Notice 87(1) but not because you cant default on a O/D its not an agreement as such.

 

The Notice served states you have a period to rectify (normally 21 days) or state your proposals and also that interest will continue to accrue.You was not served with this or afforded an opportunity to come to an arrangement.The Claimant states they dont need to serve this in their correspondence or retain a copy.

Therefore termination was incomplete

Your unfair charges will make up the other main thrust of the defence along with the part 20 counter claim.

 

Regards

 

Andy

[AndyOrch]

Just posting this for easy reference if needed.

 

 

 

1.1What is covered by the s74 determination?

 

Adetermination under s74(3) was made by the OFT with effect from 1 February1990. It applies to d-c agreements enabling the debtor to overdraw on a currentaccount, under which the creditor is a ‘bank’ as defined in the Bankers’ BooksEvidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

 

A separatedetermination was made in respect of certain agreements connected with thedeath of a person.

 

Copies ofthe determinations may be obtained from the OFT.

 

Agreementscovered by a s74(3) determination, and satisfying the relevant conditions, areexempt from most Part V rules including s61(1) on execution. However, theAgreements Regulations will apply to any document embodying such an agreement,and to any term expressed in writing – see Q1.2.

 

1.2 Are all bank overdrafts exempt?

 

The s74determination in respect of bank overdrafts (see Q1.4) applies subject to thefollowing conditions:

· the creditor must inform the OFT inwriting of his general intention to enter into such agreements;

· the debtor must be informed, at or beforethe time an agreement is concluded, of the following:

o the credit limit (if any)

o the annual rate of interest and any charges applicable, and theconditions under which these may be varied

o the procedure for terminating the agreement;

· the above information must be confirmedin writing.

 

Furthermore,where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

[dominorally]

Just posting this for easy reference if needed.

 

 

 

1.1What is covered by the s74 determination?

 

Adetermination under s74(3) was made by the OFT with effect from 1 February1990. It applies to d-c agreements enabling the debtor to overdraw on a currentaccount, under which the creditor is a ‘bank’ as defined in the Bankers’ BooksEvidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

 

A separatedetermination was made in respect of certain agreements connected with thedeath of a person.

 

Copies ofthe determinations may be obtained from the OFT.

 

Agreementscovered by a s74(3) determination, and satisfying the relevant conditions, areexempt from most Part V rules including s61(1) on execution. However, theAgreements Regulations will apply to any document embodying such an agreement,and to any term expressed in writing – see Q1.2.

 

1.2 Are all bank overdrafts exempt?

 

The s74determination in respect of bank overdrafts (see Q1.4) applies subject to thefollowing conditions:

· the creditor must inform the OFT inwriting of his general intention to enter into such agreements;

· the debtor must be informed, at or beforethe time an agreement is concluded, of the following:

o the credit limit (if any)

o the annual rate of interest and any charges applicable, and theconditions under which these may be varied

o the procedure for terminating the agreement;

· the above information must be confirmedin writing.

 

Furthermore,where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

 

 

Hi Andy,

 

Yes this is the determination and part v exemption i was thinking of . Over the life of the acount the o/d limit was increased and agreed by HSBC however they cannot show me the copies of the O/D facility letters which refer apart from 1 from may 08 - may 09 , (now i feel that if they can provide 1 then they should be able to provide the others?) therefore they have not taken advantage of the determination.

 

dom

[AndyOrch]

Hi Dom

 

Just to let you know I'm around today and working on your defence.

 

 

Regards

 

Andy

[dominorally]

Hi Dom

 

 

 

Just to let you know I'm around today and working on your defence.

 

 

 

 

 

Regards

 

 

 

Andy

 

 

 

 

oh thats great thanks v much. Do you need any more info from me?

 

Dom

[AndyOrch]

Not at the moment just found the original PoC Im just digesting your thread in its entirety

[dominorally]

Not at the moment just found the original PoC Im just digesting your thread in its entirety

 

B***dy H*ll , good luck you might need it as it is a bit disjointed at times.Including lack of action from me when maybe if i had follwed through some things i might not be here now.

 

Anyhow hopefuly you can pick out the bits taht make sense.

 

My original thread started when i was first claiming is here just in case you need it.

http://http://www.consumeractiongroup.co.uk/forum/showthread.php?181183-Dominorally-v-HSBC&highlight=dominorally

 

Thanks

 

dom

[AndyOrch]

Hi Dom

 

Apologies for the delay visitors:roll:

 

Here is your defence /counter claim. Check it through and add the correct amounts and dates.You will need to add the Header and Statement of Truth

as this is not an electronic submission.

 

 

Defence

The Defendant admits that she once had banking facilities with HSBC but does not admit liability to the Claimant for monies claimed or alleged in the Particulars of Claim.

The defendant held a current account from xx xxxxx xxxx up until xx xxxx xxxx during this period the Claimant continually applied extortionate unfair banking charges to which a complaint was made and remained unresolved.

A letter before action was initiated on the Claimant with my intention to submit legal proceedings for the total amount of £ xxxxxx for unfair charges. This was stayed due the imminent court cases involving various banking groups.

Agreements covered by a S74 (3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including S61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing.

The s74determination in respect of bank overdrafts applies subject to the following conditions:

· the creditor must inform the OFT in writing of his general intention to enter into such agreements;

· the debtor must be informed, at or before the time an agreement is concluded, of the following:

. the credit limit (if any)

. the annual rate of interest and any charges applicable, and the conditions under which these may be varied

. the procedure for terminating the agreement;

· the above information must be confirmed in writing.

It is averred that the claimant as failed to comply to any if all of the above.

 

The Claimants have failed to produce any notification agreement to substantiate their claim that monies are owed under a regulated credit agreement. I believe the claimant has exasperated these proceedings in an attempt to gain Judgment by Default by delaying their response to my numerous requests. Therefore I do not acknowledge that any debt is owed to the Claimant.

Regarding that which is denied, on the xx xx xxxx I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of referred to in the particulars of claim, default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments . Also any other documents the Claimant seeks to rely on. To date the claimant has failed to comply with my request under the CPR and I have not received such documentation. This was received on the xx xxx xxxx. As a result it has proven difficult to compose this defence/counter claim.

Notwithstanding the matters pleaded above, the claimant must under sections 76(1) and 98(1) of the CCA 1974 serve a default notice / Termination Notice before they can demand payment under a regulated credit agreement. It is denied that any Default Notice/Termination Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I put the claimant to strict proof that if any Default Notice/Recall /Termination sent to me was valid.

I note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237 In respect of the figures claimed, it is averred that if the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalty charges.

The Claimant has acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that any alleged Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

In addition, should it be suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/2000 therefore the Consumer Credit Act 1974 is the relevant act in this case.

The Claimants have not proved that any agreement exists and what the terms and conditions of any such agreement are, which precludes them from claiming any benefit.

The claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. It is therefore averred that this claim is brought in relation to a personal overdraft which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.It is averred that no Notice of Arrears or annual statement of arrears have ever been furnished by the Claimant pursuant to the CCA2006 amendments which precludes any further interest.

It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit or proof. The amount claimed consists entirely of punitive charges irrespective of recent court findings as these were applied previously to the above court cases. If the claimant claims that they are not I would ask them to justify and transparently justify them.

PART 20 CLAIM

The Defendant / Part 20 claimant intends to claim sums paid to the claimant/Part

Unfair Charges and post termination Interest incorporated within the sum demanded by the claimant

Are sums claimed for their administration fees, late payment charges and like provisions.

The defendant/Part 20 claimant refers to As a consequence of the claimants/Part

20 defendants’ failure and/or refusal to provide documents, the defendant Part20

Claimant is unable to plead the Part 20 claim with particularity.

And the defendant/Part20 claimant claims:-

ii) A refund of charges to a value of £XXXXXX plus contractual interest @

29.90 %

iii) A refund of post interest levied to the account since termination £XXXX (If applicable)

I Domino request my right to offset either partially or wholly the amount in my claim against that sought by the claimant as per CPR 16.6

Interest pursuant to Section 64 of the County Courts Act 1984 at the rate of 8% per

Annum until judgement or further order or such other sum as the courts think fit.

Regards

Andy

[dominorally]

Hi Dom

 

Apologies for the delay visitors:roll:

 

Here is your defence /counter claim. Check it through and add the correct amounts and dates.You will need to add the Header and Statement of Truth

as this is not an electronic submission.

 

 

 

Defence

 

The Defendant admits that she once had banking facilities with HSBC but does not admit liability to the Claimant for monies claimed or alleged in the Particulars of Claim.

The defendant held a current account from xx xxxxx xxxx up until xx xxxx xxxx during this period the Claimant continually applied extortionate unfair banking charges to which a complaint was made and remained unresolved.

A letter before action was initiated on the Claimant with my intention to submit legal proceedings for the total amount of £ xxxxxx for unfair charges. This was stayed due the imminent court cases involving various banking groups.

 

Agreements covered by a S74 (3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including S61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing.

The s74determination in respect of bank overdrafts applies subject to the following conditions:

· the creditor must inform the OFT in writing of his general intention to enter into such agreements;

· the debtor must be informed, at or before the time an agreement is concluded, of the following:

. the credit limit (if any)

. the annual rate of interest and any charges applicable, and the conditions under which these may be varied

. the procedure for terminating the agreement;

· the above information must be confirmed in writing.

 

It is averred that the claimant as failed to comply to any if all of the above.

 

The Claimants have failed to produce any notification agreement to substantiate their claim that monies are owed under a regulated credit agreement. I believe the claimant has exasperated these proceedings in an attempt to gain Judgment by Default by delaying their response to my numerous requests. Therefore I do not acknowledge that any debt is owed to the Claimant.

 

Regarding that which is denied, on the xx xx xxxx I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of referred to in the particulars of claim, default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments . Also any other documents the Claimant seeks to rely on. To date the claimant has failed to comply with my request under the CPR and I have not received such documentation. This was received on the xx xxx xxxx.Sorry Andy, What was received on this date? As a result it has proven difficult to compose this defence/counter claim.

 

Notwithstanding the matters pleaded above, the claimant must under sections 76(1) and 98(1) of the CCA 1974 serve a default notice / Termination Notice before they can demand payment under a regulated credit agreement. It is denied that any Default Notice/Termination Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I put the claimant to strict proof that if any Default Notice/Recall /Termination sent to me was valid.

 

I note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). In respect of the figures claimed, it is averred that if the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalty charges.

 

The Claimant has acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that any alleged Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

In addition, should it be suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/2000 therefore the Consumer Credit Act 1974 is the relevant act in this case.

 

The Claimants have not proved that any agreement exists and what the terms and conditions of any such agreement are, which precludes them from claiming any benefit.

 

The claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. It is therefore averred that this claim is brought in relation to a personal overdraft which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.It is averred that no Notice of Arrears or annual statement of arrears have ever been furnished by the Claimant pursuant to the CCA2006 amendments which precludes any further interest.

 

It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit or proof. The amount claimed consists entirely of punitive charges irrespective of recent court findings as these were applied previously to the above court cases. If the claimant claims that they are not I would ask them to justify and transparently justify them.

 

 

 

 

 

PART 20 CLAIM

 

The Defendant / Part 20 claimant intends to claim sums paid to the claimant/Part

Unfair Charges and post termination Interest incorporated within the sum demanded by the claimant

Are sums claimed for their administration fees, late payment charges and like provisions.

 

The defendant/Part 20 claimant refers to As a consequence of the claimants/Part

20 defendants’ failure and/or refusal to provide documents, the defendant Part20

Claimant is unable to plead the Part 20 claim with particularity.

 

 

 

And the defendant/Part20 claimant claims:-

 

 

i) A refund of charges to a value of £XXXXXX plus contractual interest @

29.90 %

 

ii) A refund of post interest levied to the account since termination £XXXX (If applicable)

 

 

I Domino request my right to offset either partially or wholly the amount in my claim against that sought by the claimant as per CPR 16.6

 

 

Interest pursuant to Section 64 of the County Courts Act 1984 at the rate of 8% per

Annum until judgement or further order or such other sum as the courts think fit.

 

Regards

 

Andy

 

 

 

 

Andy,

 

thanks for this, i have read through a few times and it sound sgood. just 1 item not sure what it means in red see above

 

Also the only things I can see you have referred to are the initial LBA and the request under CPR rules.

are these then the only docs will refer to on the N265 form? The Directions said to include all relevant calculations - Should I need to be sending anything to do with this or not?

also when I filed my embarrased defence online 1st time around I used the N9B form for the defence Do i use this form again??

Also in an earlier post you refer to LBA/ CPR & WS - WS = witness statement??

 

I am not sure on the counterclaim either yet as the way you have put it, it sounds a bit confusing but i am sure i will get my head round the terminology etc.

 

On the counterclaim part the figures i need to enter for the charges and post interest - are they the figures from my initial claim?

 

Once i am clear on these points i can finish this off.

 

Thanks Andy.

[AndyOrch]

Andy,

 

thanks for this, i have read through a few times and it sound sgood. just 1 item not sure what it means in red see above The date they received your CPR request as proof they did receive it

 

Also the only things I can see you have referred to are the initial LBA and the request under CPR rules. You can also add DSAR if this is applicable

are these then the only docs will refer to on the N265 form? No anything else that supports your defence and you will rely upon The Directions said to include all relevant calculations - Should I need to be sending anything to do with this or not? Include your spread sheet with the latest figs but not the 8% thats at the DJ discretion

also when I filed my embarrassed defence on line 1st time around I used the N9B form for the defence Do i use this form again?? No its an amended defence so it should be on A4 and headed "Amended Defence and counter Claim" you need to add Court Claimant defendant Claim number etc.. and also a Statement of truth

Also in an earlier post you refer to LBA/ CPR & WS - WS = witness statement?? Correct but the WS comes after disclosure

I am not sure on the counterclaim either yet as the way you have put it, it sounds a bit confusing but i am sure i will get my head round the terminology etc.

That is the way a Part 20 C/C is drafted

On the counterclaim part the figures i need to enter for the charges and post interest - are they the figures from my initial claim? Yes with the latest interest figure applied from your spreadsheet

 

Once i am clear on these points i can finish this off.

 

Thanks Andy.

 

Im not trying to argue or defend the OD its obvious the account exists and also you had banking facilities and not dependable on any agreement as such.

Concentrate on the unfair charges and the lack of Notice to terminate.The counter claim needs little justification and is self explanatory.

Just edit now to suit your personal details and understand what you are pleading.Copy to Court by said date and a copy to the Claimant Sols.

In the meantime I hope you have a good holiday and you return with vigor to proceed with this matter.

Regards

Andy

[dominorally]

Just edit now to suit your personal details and understand what you are pleading.Copy to Court by said date and a copy to the Claimant Sols.

 

In the meantime I hope you have a good holiday and you return with vigor to proceed with this matter.

 

Regards

 

Andy

 

Thanks Andy will get it finalised to send off . Am just a little nervy that I will forget to put something down that I might want to rely on in court.

 

Just for reference say i specify a document then dont need to use it in court is that ok?

 

 

Cheers will have a laptop with us on holiday just in case of an emergency..... hopefully not!! Will need to get sharp I think for this!! I amsure I am not alone when I say this is completely out of my comfort zone but feel like i should at least give it a go rather than just roll over . the thing I dont know is whether or not I have a solid case. To me it sounds like I have.

 

cheers

Dom

[AndyOrch]

Thanks Andy will get it finalised to send off . Am just a little nervy that I will forget to put something down that I might want to rely on in court. Dont worry you can always introduce further points in your WS

 

Just for reference say i specify a document then dont need to use it in court is that ok? Thinking to far ahead now Dom our intention is not to let this matter get to trial

 

Cheers will have a laptop with us on holiday just in case of an emergency..... hopefully not!! Will need to get sharp I think for this!! I am sure I am not alone when I say this is completely out of my comfort zone but feel like i should at least give it a go rather than just roll over . the thing I dont know is whether or not I have a solid case. To me it sounds like I have. You have on your side that most of your argument is pre recent court rulings and the unfair charges have since been tamed somewhat so their claim will not reduce the validity of your argument.The secret is for them to back down and come to some kind of settlement with you.

 

cheers

Dom

 

Regards

Andy

[dominorally]

Andy,

 

Ok thanks that makes sense.I am maybe over complicating things a little.

 

I had been thinking myself that the aim was to make them backdown and not go to court. It has always seemed to me that the amounts we are talking about are more or less the same so i guess thats where the counterclaim comes into play.

 

 

Cheers

 

Dom

[dominorally]

 

Wait until the defence and then if I refer to anything such as LBAs CPR WS that will give you your batting order for the N265.

 

 

Andy, Am just making sure - am I sending the N265 with the defence or later on?? I have got myself a bit confused sorry!!

 

Dom

[AndyOrch]

 

Wait until the defence and then if I refer to anything such as LBAs CPR WS that will give you your batting order for the N265.

 

 

Andy, Am just making sure - am I sending the N265 with the defence or later on?? I have got myself a bit confused sorry!!

 

Dom

 

5. There shall be disclosure of documents by 4pm 9/9/11 and inspection shall take place by the 23/9/11. You send them your N265 a couple of days before the 9/9

exchange and inspection by 23/9

Andy

 

 

[emandcole]

Hi Dom, further to PM's you are in very good hands with Andy so nothing to add from me at this stage. Stay sharp and make sure you yourself are comfortable with the various sections of your argument and know it inside out. With any luck the bank will recognise their own difficulties and given the danger of your counterclaim perhaps reconsider their tactics. Will be watching with interest

[dominorally]

Andyorch hope you are still out there for some more advice,

 

After filing my defence by the 19th August the next part of the process to be dealt with is the disclosure of documents by 4pm 9th September. I am completing the N265 form to send also which lists all the documents I will be relying on in court.

 

Do I just send the N265 form and documents to the court or do I send it all to the claimant as well?

 

 

many thanks for any help

[AndyOrch]

You send the N265 to the Claimant (exchange is between you and them not the court) only send the list for now not the documents.

Inspection and exchange of documents by the the 23rd Sept.

 

Andy