Dubliner10 v FD

[GuidoT]

If you have not sent the schedule as my post 21 then do so now.

[dubliner10]

Cheers Guido, 'tis in the post as of this a.m.

[dubliner10]

Wayhay...or gulp.... I have a court date - early June. Hopefully will hear from FD solicitors soon.

[dubliner10]

Hi all,

 

Can someone please help with the following. Received a notice of allocation to the Small Claims Track and a date for late June - not sure what to do now.

According to the Allocation I need to file a particulars of Claim by the 23rd of May, and then any documentation I need to rely on by the 6th of June.

Is the particulars separate from the court bundle which I send to court / defendant?

 

Dub:rolleyes:

[GuidoT]

You should have filed your particulars already with your N1 and sent the schedule as my post 21 above - which I see from above that you have.

 

It is probably a case of it not finding its way to the correct file at the court, hence what appears to be a further request.

 

Can you post up the entire order verbatim and we will have a look then.

[dubliner10]

Thanks Guido T.

The Order reads as follows:

 

1 The claimant do by 4.00 pm on xx May 2007 file and serve a detailed particulars of claim setting out in itemised form all charges in respect of which he claims and the basis of such claim.

2 The defendant do by 4.00 pm on xx June 2007 file and serve a detailed defence setting out in itemised form all charges which they dispute or claim are validly levied.

3. THE PARTIES MUST NOTIFY THE COURT FORTHWITH IF THERE ARE ANY ISSUES OF LAW OR FACT WHICH MAY AFFECT THE TRACK OR TIME ESTIMATE FOR THE HEARING. ANY SUCH ISSUES MUST BE CLEARLY AND FULLY DEFINED.

4 Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

5 The copies shall be delivered no later than fourteen days before the hearing.

6 The original documents shall be brought to the hearing.

7 Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 4. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to court to give evidence.

 

Now I'm not exactly legally savvy, but in short:

 

1. does this simply mean I need to submit the court bundle - personalised for my situation as available on the forum?

 

2. For the basis of the claim do I reiterate the statement I placed in my N1.

 

Thanks for your help thus far Guido

[GuidoT]

Not seen that order exactly before, looks promising though.

 

Do you have a hearing date? If you do not want to post the dates, please PM me with them.

[GuidoT]

Using the order numbers in post 31:

1. Issue your schedule of charges now

2. If they do not provide this, then send a letter along these lines

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post485266

4-7 Issue your bundle, this link will help, 14 days before the hearing

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Invariably when the bank do not serve a bundle, issue non compliance letter as link above

 

The court did well to get your date so soon.

[dubliner10]

Thanks again mate, I owe you a beer.

[dubliner10]

Hello again.

 

I have to serve my court bundle by the 23rd of May - therefore have to post it by Saturday.

 

My court bundle very similar to that of Kev who lost v Lloyds yesterday - there are obviously some aspects that need altering.

 

What advice does anyone have regarding what to do ??????

 

I have posted a thread asking for a copy of FD T&Cs hoping to use to use this as evidence.

 

Dub

[damjef]

Hello dubliner10,

Just realised how similar our schedules are (As you already pointed out). I chose the alternative AQ route and received the same more or less word for word,

must be a set procedure the courts might be starting to share now?

We seem to be after the same answers also,

I think that they are asking for a detailed POC because if you claimed initially through MCOL the POC is very brief. Like yourself I have sorted the first stage and am trying to sift through the second stage.. the court bundle and the witness statement. Are you submitting yours early?

What sort of changes if any have you made to your statement? I've been reading the T&C's to see if the relevant paragraphs need rewording but aren't really savvy enough to understand them. I hope some body comes to your aid pretty sharpish so you get sorted...

Good Luck!

[dubliner10]

Cheers mate,

 

Yup my hearing's in Nuneaton, I'm just up the road from you in LEICS.

I've altered my witness statement slightly i.e. section 11 I refer to the Terms and Conditions 5.1.3 which state that I should not exceed my overdraft limit.

I need to have all the bundle with the court and FD by Wednesday so I have a horrendous weekend.

Haven't really altered the PoC just used the template for the hardcopy from the Library of templates.

looking at the site some people are still having offers from other solicitors.

 

Good luck as well - have you got a court date?

[damjef]

Hello again,

I've got my dates, poc & schedule by May(mon)

Defendant has to file by June

docs & court bundle fourteen days before the hearing in July.

As your schedule was worded the same I didn't quite get why you were submitting everything all at once or have I missed something? are you just well prepared.

I say, I see people are still getting offers but wouldn't it be harsh if it went all the way? As we're only 20 mins away from D&G I've prepared myself for the hearing. With regards to the wins I'd feel quite comfortable if it went all the way! Anyway heres to winning:grin:

[dubliner10]

Yeh, sorry Damjef, a bit of a misreading of the orders by me. You're absolutely right, I need to have the detailed PoC, latest Sched in by this Wednesday and the bundle in two weeks before the court date.

All this paperwork, trying to read law and Wednesday's judgement has my brain shredded.

Best thing to come is that I now have all three bundles done and dusted. I'm tempted to submit the lot on Monday to get it all out of the way, and it might have an effect on D&G.

 

Take it easy and here's to a couple of quid for a pint.

[dubliner10]

Hi all,

 

Well the court bundle was sent last week, and I sent the bundle to DG solicitors today.

 

One question to anyone who can answer it. DG have until the 13th June to send me a copy of the documents they intend to rely upon, if they don't what action can I take?

 

Dub

[damjef]

Hello Dubliner10,

Do you know if DG have complied yet by sending their info to the court by the deadline laid down by the judge?

I don't know if you are able to phone to find out may be someone can clarify? If they haven't I think this is classed as non -compliance and would go against them. If they have submitted to the request and don't send you the relevant info 14 days before the hearing then this also is classed as non-compliance, you would contact the court informing them of this and possibly their defence would be struck out, (you win:D )

hope this helps...

[dubliner10]

Cheers Damjef it certainly does. Their deadline is the 13th of June to submit to the court and myself.

Getting a bit close now.....

[Tiffla]

Hang in there Dubliner.

 

I've been away for a while but am now catching up on all the posts.

 

I've got until the 22nd of this month to submit by bundle to the court and DG, so i really need to do lots of reading and buy a new ink cartridge!!

[dubliner10]

Ok guys......it's the 13th of June - 14 days before the court hearing - and according to the orders on the order of allocation DG should have sent me (and the court) documents they intend to use in court.

I have received nothing from DG. Sent them the court bundle 10 days ago by special delivery.

I intend to contact the court tomorrow and see what they say........fingers crossed.

[damjef]

Hello Dubliner10,

just checking in to see how things are going, any news on whether D&G submitted their docs?

could be a question of non compliance or another late entry,

Good Luck

[dubliner10]

Put it like this I will be making a donation to CAG in the very near future:D

[damjef]

:D :D etc...

enjoy....