Hibbit v Lloyds. Standard order for stay***WON***

[GaryH]

Can you post the full text of the order up please?

[Hibbit]

No problem Gary,

Here Go's,

Please excuse typos,

 

Notice of Allocation to the Small Claims Track (Hearing)

 

Deputy Judge Harrop has considered the statements of case and allocation questionaites filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10.00AM on June 1 2007 and should take no longer than two hours.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

By no later than 14 days before the hearing of the claim the claimant must send to the Court and to the defendant copies of all the documents that they intend to rely upon at the final hearing. They should be in a bundle with each page clearly numbered and the originals should be brought to the hearing.

 

By no later than 14 days before the hearing of the claim the claimant and the defendant must send to each other copies of the witness statements of all witnesses they intend to rely upon at the final hearing AND at the same time each party must send the original of the witness statement to the Court. The Witness statements MUST comply with the attached note headed WITNESS STATEMENTS IN SMALL CLAIMS TRIALS.

 

21st March 2007

 

 

That is just about everything on the letter I received,

 

There are notes regarding Litigant in person, small claims notes and notes on the notice; do you need those?

 

Hope it helps,

 

 

Hibbit

[GaryH]

I would'nt mind seeing this -

The Witness statements MUST comply with the attached note headed WITNESS STATEMENTS IN SMALL CLAIMS TRIALS.

if you don't mind. If you prefer I can PM you my e-mail address and you can send it that way.

[Hibbit]

Hi Gary and everyone else,

 

Not a problem for me to put it up, hopefully it will be helpful generally.

 

As you have mentioned it I have looked over the notes and it would seem that I will have to prepare a witness statement. Initially I had pressumed that it was only relevant if you were calling a witness, however the way that it is worded suggests that I am a witness ( which I am) so therefore I need to prepare such a document. Here is the notes in their exact wording:

 

Note For Litigant In Person

 

Witness Statements In Small Claims Trial

 

1. You have been ordered to file and serve witness statements before the final hearing in this case.

 

2. ''File'' means sending a copy to the Court for placing on the court file. ''Serve'' means sending a copy direct to your opponent i.e Claimant or Defendant.

 

3. Who is a Witness? - The Claimant and the Defendant are both witnesses and most likely are the key witnesses. Their witness statements are consequently of great importance. In addition, anyone else who attends Court to support either sides case will also be a witness.

 

4. The witness statements you have been ordered to file and serve must comply with the Civil Procedures Rules (see CPR Part 32.8)

 

In particular these witness statements should:-

 

a) Be preferably typed or printed but if handwritten they must be legible.

 

b) Be divided into numbered paragraphs with each paragraph confined, if possible, to a distinct issue.

 

c) Follow the chronological sequence of events or matters to be dealt with.

 

d) Include a statement that the witness believes the facts to be true. This 'Statement of Truth' can be worded as follows:- ''I beleive that the facts stated in this statement are true''.

 

e) The statement MUST then be signed and dated. It does not need to be witnessed.

 

 

5. If witness statements are not filed and served as ordered then it may result in a witness not being permitted to give oral evidence or in the case being adjourned with the party in default being responsible for the wasted costs of having to adjourn the case.

 

Point 5 is also interesting as it would seem that if S,C & M don't file and serve their witness statements they are liable for costs, as would I be if I didn't.

 

What do you suggest Gary?

 

Cheers Hibbit

[GaryH]

Deleted

[GaryH]

You'll have to do a fair bit of work on it to amend to your suit your own claim. It's CPR compliant.

[Hibbit]

Gary you are a star! Thanks so much.....just the job!

 

What do you think I should do if I can't make the court date (see post 25)

 

Hibbit

[GaryH]

Write to the court straight away - just a short letter apologising and giving the reason you can't attend, and respectfully request that the case is heared in your absence upon your witten submissions - I.e. your witness statement. In fact, put the letter in at the same time as the Witness statement.

[Hibbit]

Dear All,

I am very pleased to say that I have WON!!!!!... I checked my bank account this morning and £2327.93 has been paid into my account, with the case number and 'refund' next to it.

I have not received a letter from S,C & M as yet but I expect I will receive one fairly soon with conditions.

Should I wailt for the letter from them before I contact the court to let them know the claim has been settled?

Thank you all so much, Gary in particular, for all your help I could not have done this without you all and I will be making a donation.

All the best

Happy Hibbit

[flower19]

Congratulations Hibbit! :D

 

It seems that Lloyds tactics are to pay before they have to attend court (I am assuming from the posts you didn't attend court).

 

All the best and well done!

[irishrose]

Wonderful news, Hibbit! I'm about six weeks behind you ('my' stay will end in a few days and I've heard not a peep from SC&M who requested it) and I'm looking forward to my case reaching the same happy conclusion as yours.

 

Enjoy.

[Hibbit]

Thanks,

 

No Flower I didn't attend court, which is almost a shame as I would have quite liked the chance! Nevermind I am not complaining!

 

Irishrose, it seems your journey is taking a similar course to mine, I didn't hear a thing from S,C & M....no offers etc

 

To be honest I wasn't expecting anything from them untill June 1st (my date to go to court) or late May. Lloyds are renouned for dragging their feet. Fortunately for me they paid up quicker than I expected! Hang on in there, it will come....eventually!

 

All the best,

 

Happy Hibbit

[BARTY]

Congratulations!!! :D

I doubt you will get a letter from SC&M now, there is a letter to send to the Court in link below if you need it:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

Barty:)

[GaryH]

Thats great news Hibbit - very well done!!!!!

[GuidoT]

Nice work.

[dolly]

Very many congratulations

[winnie123]

Well Done

 

My stay ran out on the 9/4 am sending a letter to the court to ask for allocation. Hopefully won't be to long for me now either.