in court this friday - help needed please

[lilymai]

Hi, I am in court this friday to try and reclaim abbey bank charges.I am new to this site and have found it really helpful but I am panicking because I didnt send a court bundle with my allocation questoinnaire, just bank statements and copies of correspondance. Kicking myself isnt helping either! Any advice ?

[hedgey06]

Hi lilymai,

 

What type of hearing is it? It should say on the directions you've received from the court what type of hearing it is and what you need to do/submit in preparation for the hearing.

 

It may be worthwhile posting up the full directions you've received - that way you'll get the correct advice in time for Friday.

[lilymai]

Thank you so much for your reply! May be able to get some sleep now.

The paperwork says notice of allocation to the small claims track, and that after considering statements and Questoinnaires the hearing of the claim will take place...

Directions state:

The claimant shall within 28 days of service of this order send to the defendant and the court:

a) A schedule setting out each charge repayment...

b)Copies of any statement showing that each and every charge has been made

If the claimant fails to comply with this order the claim will be struck out without further order.

 

14 days prior to the allocated hearing date , the claimaint and defendant shall file and serve :

a)copies of all documents (including experts reports on which he /it intends to rely at the hearing.

b) Any witness statements must be included in the documents filed and served.and:

c) any copies of decided cases and other legal materials to be relied upon. (really messed up on this one!)

[adam1976brown]

it says at the bottom of your directions

14 days prior to the allocated hearing date , the claimaint and defendant shall file and serve :

a)copies of all documents (including experts reports on which he /it intends to rely at the hearing.

b) Any witness statements must be included in the documents filed and served.and:

c) any copies of decided cases and other legal materials to be relied upon.

this is what is described as a court bundle. now the one good thing is it is very unlikley , as it happened in my case, that abbey would not of sent a court bundle to the court. their reason was that the test case was announced before the deadline for the court bundle and therefore no point in sending one as they were applying for a stay. in my case the judge got a bit annoyed with abbey because if i bothered why not them. a direction is for both sides regardless if a stay is being requested. the judge said what happens if i dont grant one where is ur defence. but he did , reluctently, due to the defence case. you could phone the court and ask them if you could get it to them tommorow. this would give you today to get one done. it takes some work but i can send you a index of a court bundle and items to be included. all you need is a printer ( with lots of ink) bout 500 pages of paper and 3 ring binders... we r here to help... but i do feel the first option will be the best. abbey should of sent out an application for a stay, but like me i think u have slipped through the net and all that will happen is u will go to court and a stay will be granted...

 

where is ur court. if it is in or around the london, surrey etc area it might be the barrister i had. he was sent out from london by abbey, he is a bit wet behind the ears ( only been in the job a few months ) but a nice guy...

 

good luck and get on the phone to the courts now.. if u need a CB pm me and i will endever to help.....

[lilymai]

Thanks adam, i have spoken with the court this afternoon who have said I can submit the bundle tommorrow , because a stay will probably be applied to the case. Better get printing!

[adam1976brown]

great news.... if u need any help on the CB just pm me... here is the index i used... all the transcripts or articles can be found on this website... the rest is all ur paperwork

 

INDEX

The Claim:

Timeline of Claim:

Correspondence With Regards To Claim:

Bank Statements:

Schedule Of Charges:

Interest Calculator:

Statement Of Evidence:

Terms and Conditions 1998 and 2007:

Relevant Case Law To Penalty Charges:

Early Day Motion From House Of Parliament:

OFT Summary On Credit Cards:

Transcript Of Interview With Peter McNamara, Former Head Of Personal Banking At Lloyds TSB:

Excerpt From Report Into Penalty Fees Charged By Australian Banks:

Dunlop Pneumatic Tyre Co. Ltd v. New Garage and Motor Co. Ltd: Unfair Contract Terms Act 1977:

The Unfair Terms in Consumer Contracts Regulations 1999:

Supply of Goods and Services Act 1982:

Claim for Contractual Interest:

good luck and just call if u need help

[lilymai]

I cant thank you enough Adam - think ive got most of it printed

now. just need to check and file. I can understand why people get frustrated when the case is stayed after all this work. Will probably be the same for me given what clerk said today, but still going to go. Unless of course reading all the legal bits scares me to death, which it is, and theres so much of it! Worry about that tommorrow - bundles - focus needed

Thanks again

[adam1976brown]

my judge said it is not upto us the understand all the legal jargon.. just what is important to us.... what the charges were and were they fair... the rest is just a referebce for the judge to see what has happened in the past... the most important things in the CB is ur statements add up and u present it well.... happy printing....

[Lula]

Good luck Lillymae

[lilymai]

thanks lula may need it -still doing my bundle!

[psm]

I would consider using awtness statement instead of a statement of evidence. Take a look at the sticky Abbey Court Hearing - Importnant Info post#1 by GaryH with the link to Court Bundle and Witness Statement. I used it in my case and the judge praised the bundle as one of the best she had had before her the this type of case. Just make sure you cross reference it all. The idea is not to make the judge have to work too hard to know your case. The witness Statement lays your case out clearly and concisely from start to finish.

[lilymai]

thanks psm - thats what I have done though the cross referencing was a nightmare in such a hurry.