Help with Court Directions **WON Post OFT**

[Frenchbulldog]

I am helping my 20 year old son and in the Court process currently. My son has an Advantage Gold account and I must have included all charges made to the account as Advantage Gold fees have not been clearly defined.

Oh dear! - does anyone know the likely outcome?

I have just replied to the Court (copy to Corbetts) with a great letter (regarding CPR 1 found when I registered with this site yesterday. I have included a list of all the charges made - Is the fact that I have included Advantage Gold charges going to be enough for the claim to be throw out?

[Frenchbulldog]

Hi - I'm just finishing off my court bundles, the deadline is this coming Friday 13th July. I have done a statement of Evidence but do I also have to supply a Witness Statement or they the same thing?

Please help - I'm confused!

[Frenchbulldog]

Just to clarify, the actual wording of the Directions is as follows:

4) "Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. 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."

I think the signed Statement of Evidence will be sufficient and a Witness Statement is not required?

I've included all the evidence within the bundle - is it necessary to make reference by way of page numbers etc in the Statement of Evidence / Witness Statement?

Also what happens if NatWest's solicitors to not comply with the directions and I don't receive their documents on or before the deadline, this coming Friday?

I'm actualy dealing with NatWest - this is the only relative thread I could find.

Thanks for your help.

[Frenchbulldog]

I've now found a similar thread in the NatWest camp so will post my queries there as well.

Would stil be grateful for any response from the Barclays camp though!

Manythanks.

[Frenchbulldog]

I have had the same query and am using the Statement of Evidence template as my court directions are identical to yours. I think I am right to assume that the Statement of Evidence is submitted instead of the Witness Statement?

This is the final part of my court bundle which needs to be with the court and Cobbetts by 13th July (Friday 13th - hope it's not a bad omen).

What happens if Corbetts do not comply with the directions and I do not receive their paperwork on or before Friday? I have had nothing from them yet.

I was also wondering why I've had to submit the documents to court so early, the hearing isn't until 28th September!

[Frenchbulldog]

Hi - I wish it did say that but instead the directions state:

"Defendants do file at court and serve upon the Claimant skeleton legal arguments at least 21 days before the hearing and in default of so doing, the Defence be struck out and the Claimant be at liberty to enter judgement for the amount claimed plus any interest and pleaded costs."

The hearing is on the 28th September - so I may be in for a long wait!

[Frenchbulldog]

Excellent many thanks

[Frenchbulldog]

Hi - I've just posted, Special Delivery Court Bundles (with a hell of a lot of help from this site - thank you all!) to Oxford CC and Cobberts. Court bundles due in on Friday - this coming Friday 13th July. Have seen from other threads on this site that Cobbetts have changed address - hope this won't be a problem and that they have organised re-direction.

I haven't yet received a bundle from Cobbetts either - if they haven't sent their documents to me by Friday, can I ask the court to pass judgement on them?

Further wording of the Directions by the Court state:

"Defendants do file at court and serve upon the Claimant skeleton legal arguments at least 21 days before the hearing and in default of so doing, the Defence be struck out and the Claimant be at liberty to enter judgement for the amount claimed plus any interest pleaded and costs."

Hearing is on 28th September - if they don't comply with court directions by sending me their court bundle, might the case be struck out before the date of the hearing?

Any advice gratefully received.

[hedgey06]

I imagine many members of this site would fall over and have a coronary if cobbetts did submit their court bundle............. they're not famous for compliance in that particular area!

If/when they don't send their bundle in - have a look here Court Bundle - Non-Compliance Template If Bank Fails to Submit Bundle
http://www.consumeractiongroup.c o....tml#post485266 useful thread at this stage!

Phone the court next week to check if cobbetts have submitted a bundle (give them a few days grace first) and then follow the directions in the above link.

[Frenchbulldog]

Thanks hedgey - are they really that arrogant? I imagine though that because of the wording of the court directions, that I may still be in for a long wait?

Thanks for the link to the non-compliance template - I might be tempted to spice it up a bit, the frame of mind i'm in at the moment!

[hedgey06]

Pleasure - you'll get used to cobbetts if you have a read through some of the threads in this forum. They tend to keep people hanging on............ before paying up!

Best of luck - keep us posted

[Frenchbulldog]

Oh dear- I've jsut read the court directions again and overlooked the following:

Each party shall deliver to every other party and to the court office copies of all documents (including expert's report if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

Should I have asked the Court for permission to use any of the standard materials in the bundle?

[oggy1]

hi- good luck , i have just had oxford cc srike out the defence today- 10 days after i requested them to.
Cobbetts did not submit either so now i have been told to enter judgment.

[hedgey06]

Originally Posted by Frenchbulldog

Oh dear- I've jsut read the court directions again and overlooked the following:

Each party shall deliver to every other party and to the court office copies of all documents (including expert's report if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

Should I have asked the Court for permission to use any of the standard materials in the bundle?

Don't panic! You don't need to ask for permission to use anything in the court bundle - all you need to do is get everything prepared and submit it to the court and cobbetts (copy for yourself of course!) x

[Frenchbulldog]

Thanks again Hedgey - i've just traced the bundles, sent by Special Delivery yesterday and they have arrived, one day before the court's deadline!

Oggy1 - So if I get nothing from Cobblers tomorrow - can I write to the court immediately to ask that the case be struck out in my favour? There is no wording in the directions that either party can do this for non-compliance?

[oggy1]

you need to give it a week to make sure they dont comply , ring the court and you could send a letter to cobbetts informing them that you are going to get the defence struck out, they might offer to settle??????????
personally i didnt and sent the court the letter to strike out which has worked.

[Frenchbulldog]

Thanks Oggy - I'll sit tight for a few days. The letter you sent asking for the case to be struck out, did you you one of GaryH's letters in Hedgey's thread above?. I'm also going through Oxford county court so it would be useful to know?

[oggy1]

i did use part of the templates for this and just added a few bits of my own, lstting the judge know i have given them more time than needed.
here is the letter i sent.
[FONT='Arial','sans-serif']IN THE OXFORD county court claim NO. 7QZ45828[/font][FONT='Verdana','sans-serif']


[/font][FONT='Arial','sans-serif']BETWEEN:[/font][FONT='Verdana','sans-serif']



[/font][FONT='Arial','sans-serif']Mr Graham Wilkes[/font][FONT='Verdana','sans-serif']


-[/font][FONT='Arial','sans-serif']and – [/font][FONT='Verdana','sans-serif']


[/font][FONT='Arial','sans-serif']NATIONAL WESTMINSTER BANK PLC Defendant[/font]
[FONT='Arial','sans-serif']29th June 2007[/font][FONT='Verdana','sans-serif']

[/font][FONT='Verdana','sans-serif']I respectfully request that the defence be struck out and judgement be entered pursuant to CPR 3.4 (2) (c) and (b) as no documents were supplied as stipulated in the court order by DISTRICT JUDGE MATTHEWS on Friday 18th May 2007.[/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']3.4 (2) The court may strike out a statement of case if it appears to the court – (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order[/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif']The following directions were applied,[/font]
[FONT='Verdana','sans-serif']2) The copies shall be delivered by 4pm Friday 15th June 2007.[/font]
[FONT='Verdana','sans-serif']I have allowed a further 14 days since the order for the defendants solicitors to comply.[/font]
[FONT='Verdana','sans-serif']A letter was sent to Cobbetts solicitors with all the relevant witness statements and documents , a copy which I submitted to court before the deadline.[/font]
[FONT='Verdana','sans-serif']A courtesy phone call was made today at 2.15pm to obtain the information but was told that no file could be found with that ref no.[/font]
[FONT='Verdana','sans-serif']I would like further costs to be added which I have incurred , which I can supply on request.[/font]

[oggy1]

sorry wrong fonts i guess , if you make anything of that,??????????

[hedgey06]

Well, I got it oggy, so nicely done mate!

Just follow oggy's instructions - and complete the template letter. Or, failing that, complete the N205A (Notice of Issue form) that was sent to you by the court at the start of your claim. Don't try to enter judgement too quickly though - give it at least a few days as oggy did.