Associates/Citifinancial Unfair charges claim

[Shelley181146]

Thanks Andy.

That makes me feel a little more positive so I will get working on it.

I have downloaded the sample bundle from library but do you have any other tips on the matter?

Regards

Shelley

[Andyorch]

Consider these points:

 

(a) A good bundle cannot win a bad case, but a bad bundle can damage a good case.

(b) Include only documents to be referred to at the hearing. Do not clutter the bundle with unnecessary documents. If necessary, check with your opponent.

© Ensure that lever-arch files are still in good working order. The retaining prongs must close tightly together. The judge will be irritated by finding it impossible to turn to pages to which reference is made. Such bundles also make it very confusing and difficult for witnesses.

(d) The pagination must be correct, clearly legible, and the same in each copy of the bundle.

(e) If more than one lever-arch file is required, limit each file to 350 pages.

(f) At the beginning of the first file, include a comprehensive and comprehensible index covering all the files. If there is more than one file, it is useful to have a copy of the index on each file.

(g) Use page dividers to separate each section of the bundle, such as pleadings, witness statements, experts’ reports and so on. This will ensure that the bundle will be easier to navigate, and if documents have to be added and numbered later, this can be done without disturbing the overall numbering sequence.

(h) Bundles are required for all civil trials and for family cases listed for more than half a day. Often bundles will be useful for shorter and preliminary hearings and should be prepared even if not ordered. Case management conferences are a classic example. The judge will be helped by a carefully prepared bundle containing the documents required for that hearing, including a draft of the orders sought.

(i) Remember the special requirements for telephone hearings, which are set out in CPR 23PD 6.11.

(j) Try to agree the bundle with the other side. The inclusion of a document is not an acceptance of its contents, merely an acknowledgement that it is a document to which reference will be made. Documents which are inadmissible should not be included in the bundle even if there is to be argument before the judge on those documents. Copies should be available for the court if they are ruled admissible.

[Shelley181146]

WOW! That's given me some bedtime reading and will help to keep the mind focused.

 

Truly appreciate your guidance and I will of course keep you posted.

 

Regards

Shelley

[Andyorch]

Dont forget your Index and serve it on the other party.

 

Night night Shelley

[Shelley181146]

Thanks Andy.

 

Will put on my very long 'to do' list.

 

My medication is making me very tired so I need to get as much done when I can.

 

Huge appreciation for your support.

 

Regards

Shelley

[slick132]

Hi Shelley,

 

I've seen your letter requesting an adjournment and have tweaked it and returned it to you for your consideration.

 

If you have an email addy for the sol'rs, send the email in advance and the hard copy by Rec'd Del'y if you can.

 

I would also copy the letter to the Court Mgr so it can be linked to your file there.

 

[Shelley181146]

Hi Shelley,

 

I've seen your letter requesting an adjournment and have tweaked it and returned it to you for your consideration.

 

If you have an email addy for the sol'rs, send the email in advance and the hard copy by Rec'd Del'y if you can.

 

I would also copy the letter to the Court Mgr so it can be linked to your file there.

 

 

Thank you Slick.

 

Letter rec'd and yes I do have email address for solicitors acting on behalf of CFE. I will get that across to them this evening and as I have to go into the courts on Monday to file fee remission paperwork I can take the hard copy into the Court Manager to put on my file.

 

I was panicking a little with everything that has been going on but I am a little calmer now I have my CAG family around

 

I feel quite empowered after a few chats with my CAG family - that's a compliment to you guys

 

I have also put 'ink cartridges' on my shopping list because I think I will be needing a few more refills, lol.

 

Shelley

 

Thanks everyone

[Shelley181146]

I have sent the letter to the Defendants solicitors by Email on 26th but got automated reply advising out of office until 27th - still no reply to it as yet.

 

Also sent hard copy by Special Delivery which was signed for on 27th - no acknowledgment to that either.

 

I also ( hand delivered) copy of same to the local courts on 26th together with fee remission application for them to have on file (sent for the attention of the 'named Court Manager)

 

How long should I leave the Defendant's solicitor to respond? Thought I might give them until Friday 30th and then prepare court application for official request to adjourn hearing date and request new date?

 

Apologies for waffling on - trying to get on top of these matters whilst I am able to fight my medication, lol

 

Thanks everyone

 

Shelley

[slick132]

Hi Shelley,

 

I'd call the court manager for starters, to see if you can get an idea of whether the adjournment is likely to be granted with no problem, or if that's not so likely.

 

You could also call the bank's sol'rs to see how they feel about the adjournment suggestion.

 

[Shelley181146]

Hi Slick,

 

What a day I have had!

 

The local courts have returned my fee remission docs due to strict procedures and I have to get further evidence from sources BEFORE 4pm Monday Urghhhh!

I have explained to them that I have not heard anything from the Defendants sol's and they suggest I submit form N244 explaining everything to the DJ.

However, I have just sat down and called the Defendants sol's and they were'just about to send me an email' agreeing to my request and will send the courts a letter confirming same. Apparently, there is also a 'consent order' form I need to sign to say we both agree to the adjournment and I await their email to understand its contents.

 

My tablets are knocking me about and I don't know my ankle from my elbow, if you get my meaning? lol.

 

I am now off to the 'other agency' to get the relevant documentation they require for my fee remission application in case I don't receive the one in the post in time!

 

Where's the nearest pub?

 

Shelley

[slick132]

Hi Shelley,

 

Try and get the fee remission stuff done on time for the court, regardless of any agreement with the bank's sol'rs.

 

Great that the sol'rs agree to the adjournment as this will give you time to prepare your self and your court bundle, without being off your face on mind altering drugs !!

 

No time for the pub I'm afraid - off to the beach now with me dog, which will be fun in a strong NNE wind blowing a steady Force 6 or over 30MPH !!

 

[Shelley181146]

Hi Slick,

 

I have now received the email as promised from the Defendants sol's and will print that off to read properly.

 

However, although the 'other agency' have promised to send me out the documents I need for the courts fee remission application by first class post, I have attempted to visit their offices local to me today but that was a waste of time - Apparently, too complicated for the girl behind the counter to understand what it was I was asking for

 

It reluctantly drove me to the pub,

 

Shelley

[Shelley181146]

Hi Slick,

 

I received the relevant paperwork from the 'other agency' and the hard copy of the documents (including consent) from the Defendants' solicitors.

 

However, I have spent 5 hours today going through the paperwork required to submit the fee remission application to the courts. I have spoken to most of the staff at the courts today also to clarify I am doing it correctly but they don't appear to know their ankle from their elbow!!!

 

It clearly states that the income I receive is exempt from their fee remission applications and therefore, I only needed to declare my husbands income. They had refused that information last week so have gone around in circles today trying to resolve it.

 

I have now (16.45hrs) gathered all the financial evidence together, photo copied it (incase they lose it like previous occasion) and have provided a detailed letter as to our circumstances, together with an itemised list of documents I have included with (2) fee remission applications. One for the hearing and one for the application Notice to adjourn the hearing until New Year.

 

And now, I await with baited breath to see how they return the financial documents following my last fiasco.

 

I think another letter to the CEO to advise his 'new structure of the courts and tribunals service' is simply NOT working!!!

[slick132]

hi Shelley,

 

Good, that the defendant's sol'rs have consented to the adjournment.

 

Let's hope the court accepts your submissions regarding income and court fee remission.

 

[Shelley181146]

Slick,

 

With the bundle of evidence I have produced, they won't have a clue and will probably send it me back. I am off to see my MP on Friday because between this case and my other Citi case the Courts & Tribunals Service has gone to pot since they have centralised their services etc......

 

Madness. How is LiP supposed to manage their mistakes???

[slick132]

Good luck with the MP appointment on Friday !!

 

[Shelley181146]

I have today received confirmation from the courts that the adjournment has been accepted (by the other remaining DJ at the local court - the nice one) two copies (one addressed to me , the other addressed to the defendants solicitors) bazaar but there you are.

It states (form N24);

By consent it is ordered that

(1) the small claims track hearing listed for 10.00 on xx December 2012 be adjourned to xx February 2013 at 10.00. (see attached hearing notice) with a tome estimate of 2.5 hours

(2) the directions made on xx November 2012 shall apply to the new hearing date where not already complied with

(3) there be no order as to costs in seeking this adjournment

 

Notice of Trial Date form N172

The trial of the above claim will take place at 10.00 on xx February 2013 (at my local court where the DJ I normally get does not comply with court procedures correctly by experience) Andyorch will kknow what I mean on this matter.

Any application in this case must be made to the court where the case is to be tried.

Please note; This case may be released to another Judge, possibly at a different Court. Andy, how do I request it be dealt with by the Judge who has made this order at my local Court or by somebody else at another Court?

 

It may sound like I have a lot of time to prepare but with my personal circumstances, believe me, it isn't.

 

Any assistance or guidance to prepare a bundle would be appreciated with any useful tips that may have worked for some of you please.

 

Shelley

[Andyorch]

I'm afraid you cant Shelley..at the mercy of the DJ lottery unless he's ill or unavailable.

 

Andy

[Shelley181146]

I'm afraid you cant Shelley..at the mercy of the DJ lottery unless he's ill or unavailable.

 

Andy

 

Oh poop! That's the DJ who shares his opinion on Kleinwort Benson and doesn't follow court procedures - I'm stuffed before I start then?

 

I have heck of a job getting this bundle together and pagination will be a nightmare

 

Any tips would be greatly appreciated

 

Shelley

[Andyorch]

Bundles of documents for hearings or trial

3.1

Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2

Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not –

(a) contained in a witness statement, affidavit or experts report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

( any medical reports and responses to them,

(9) any experts’ reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3

The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4

The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative5 who has conduct of the claim on behalf of the claimant.

3.5

The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6

The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7

For convenience, experts’ reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8

If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9

The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served.

Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10

The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

[Shelley181146]

Andy that will be a great help. I will print it off and go through it with a fine tooth comb so that I get it right.

 

I will have to re-read to absorb properly but really appreciate the breakdown.

 

Huge thanks

Shelley

[Shelley181146]

On going through this documentation today I have picked up on something which I think is extremely important and I would value your opinion and/or guidance on what I should do about it please.

 

This is part of my thread #92 above; (2) the directions made on xx November 2012 shall apply to the new hearing date where not already complied with

 

The whole point of me requesting a new hearing date was because of the time contraints following my hospitalisation and the lack of time to prepare the documents which were originally due to have been submitted 2 weeks ago.(3 days before the DJ ordered N157

 

I'm panicking now because I do not know what to do

[Andyorch]

What are the directions previously proposed by the DJ Shelley?

 

Andy

[slick132]

Hi Shelley,

 

The Directions made for the Hearing set for December 21st were set out in post #67 on page 4 of this thread.

 

They said that your bundle, etc had to be Filed and Served by 7th December.

 

I would therefore assume that the documents will need to be Filed and Served no later than 14 days before the new Hearing date for Feb 2013.

 

[Shelley181146]

As per post #67 on page 4 it states;

 

Deputy District Judge xxxxxx xxxx has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10.00 am on 21st Dec at xxxxxx county court and should take no longer than two and half hours.

A hearing fee of £325 is payable by 26th Nov by the claimant unless you make an application for fee remission concession. Failure to pay the fee will result in the hearing being removed from the list without further order of the court.

Usual wording, case maybe be delayed dependent upon timing of other cases etc.

1. By 4pm on 7th Dec 2012 the Claimant must send to the court and to the Defendant copies of all documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The Claimant MUST bring all original copies of dicuemnts to the final hearing

2. By 4pm on 7th December 2012 the Defendant must send to the court and to the Claimant copies of all documents he intends to rely upon at the final hearing. These MUST be in a bundle with each page clearly numbered. The Defendant MUST bring the originals of those documents to the final hearing.

3. By 4pm on 7th December 2012 the Claimant and the Defendant must send to the Court and to each other copies of the witness statements of all the witnesses they intend to rely upon at the final hearing. The witness statements MUST comply with the attached note headed “WITNESS STATEMENTS IN SMALL CLAIMS TRIALS”.

4. If a party wishes to rely on legal authorities copies must be filed and served no later than 7 days before the hearing.

 

Not sure how to get around this - is there another form I need to fill in