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I am in court next Friday - advise PLEASE

Hi Martin and all readers.

FRIDAY THE 13th !!!! This is my small claims hearing in Worcester County Court against Lloyds TSB over bank charges of £914.00, Lloyds are defending the whole claim. I have read about a questionaire that should have been completed but this has not been done and I would think it too late now to do so. I was also given 14 days priot to hearing to submit copies of all documents which I the claimant intends to rely on along with a individual statement of case, this too as past by without me doing so. If feel very poorly prepared and need some guidance on what to prepare to give me a fighting chance of wining the battle.
The case is also a claim of charges that are in my wifes name and I have just spoke to the court and they have told me that I can not represent her, so this leaves my wife who knows little of the proceeds to stand up and defend herself. Any advise would be greatfully appreciated.

Regards Chris Wright

Comments

  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Unless you get your paperwork into the court immediately you will have no chance of winning the battle. Please read the Court Bundle link at CAG which can be found in Martin's article.

    Your wife is not "defending" herself it is up to the bank to put up a defence BUT she needs to know what and why she is taking the bank to court for.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    LozBingley wrote: »
    Its unlikely the bank will turn up and very likely they will ring you with an offer for the full amount in the 48 hours before your case is due in!

    In Leeds the other week 1 claimant found out when he walked into the court room that the bank had offered them the full amount! Only 75 out of the 250 claimants didn't get paid out before hand. ;) The judge gave those 75 cases another 28 days to come to some agreement. :)

    http://news.bbc.co.uk/1/hi/business/6251122.stm

    The bank doesn't need to turn up for the court to dismiss this case as the OP haven't sent to the court the information that was asked for.
  • LozBingley
    LozBingley Posts: 580 Forumite
    The bank doesn't need to turn up for the court to dismiss this case as the OP haven't sent to the court the information that was asked for.

    that will teach me to speed read :o
    Got It & Spent It :dance:
    IKEA CARD = £120 charges = £175 received (146%)
    MARBLES = £450 charges = £370 received (82%)
    I.F. = £494 charges = £494 received (100%)
    CAPITAL ONE = £981 charges = £1,489.03 (152%)
    BARCLAYCARD = £580 charges = £786.12 (136%)
    On Hold :mad:
    A+L = £722 charges (target = 147%)
    BARCLAYS = £1,405 charges (target = 128%)
    BARCLAYS = £175 charges (target = 140%)
    ABBEY = £3,220 charges (target = 148%)
  • Unless you get your paperwork into the court immediately you will have no chance of winning the battle. Please read the Court Bundle link at CAG which can be found in Martin's article.

    Your wife is not "defending" herself it is up to the bank to put up a defence BUT she needs to know what and why she is taking the bank to court for.


    Is this the ' law pack claim kit' you pay £11.99 for????
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    No its not, you'll find a Court Bundle checklist and links in this thread...

    http://forums.moneysavingexpert.com/showthread.html?t=493178&page=7
  • I must be really thick!!

    Clicked on link and canot find anything that says 'Court Bundle' why is there not a court bundle link on the website for everyone to download if this is so important???

    The only link I can find is in a thread where someone states they downloaded the court bundle from - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

    However on this page there is nothing about 'court bundles'

    Looks like I may as well give up on this and let the bank win!!!!
  • I have read many if the threads and it looks as though most people are confused over what is needed when you get to court. Is there any way we can have some clear instructions here - a step by step guide on what to do and what to prepare!!! All the links I chase take me to CAG website where there is absolutely nothing about court bundles ( has any one checked this out may be CAG have taken it off) !!!!
  • Hi I download the court bundle from the CAG. All the papers that you need are there. The person who has done it is called Bookworm I think it is in one of the forums?
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    chrisnkez wrote: »
    I must be really thick!!

    Clicked on link and canot find anything that says 'Court Bundle' why is there not a court bundle link on the website for everyone to download if this is so important???

    The only link I can find is in a thread where someone states they downloaded the court bundle from - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

    However on this page there is nothing about 'court bundles'

    Looks like I may as well give up on this and let the bank win!!!!

    There is a court bundle thread on this forum, the link is in the Reclaim Bank Charges Help Thread.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • rosey123
    rosey123 Posts: 11 Forumite
    hi there it was mentioned a few posts up that the judge could throw out the case because details requested by the court was not sent, i am in a similar position where i have sent my bundle to the courts and the deadline was last friday (14 days before my hearing) but cobbetts/rbs didnt send in theirs!!!
    can i ask the court to throw out/strike out theie defence?

    or does it mean that they cannot rely on anything as it has not been submited to the court???

    a little confused at the moment>>????
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