Rule 39.5 letter from Court?

Charles68_2

Hi

I've gone through the MCOL originally, but as Lloyds TSB are defending the claim MCOL transfered the case to one of my local courts (Guildford). The transfer letter did not say anything about sending in the questionnaire,but did say I'd be contacted by the court in due course. Here's the order detail letter I got from the court today:

1. The Claim is allocated to the small claims track
2. The Hearing will take place at a time and date which will be notified to the parties.
3. The Defendant shall not later then 4pm on 16 July 2007 serve on the Claimant and lodge a Court document answering the following questions: (a) Is the case intended to be contested to and at trial? (b) Does the Defendant intend to apply to adduce expert evidence?
4. If the Defendant fails to lodge at Court a document in accordance with paragraph 3 above the defence shall stand struck out and judgment be entered for the Claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid
5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely
6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted
7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court
8. No more than seven nor less than three clear working days before the trial date the Claimant shall file at Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedures Rules and the direction thereto, and shall serve a copy of it on the Defendant. The Claimant shall endeavour to agree the contents of the bundle with the Defendant before it is filed. If the Claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.
9. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with the appropriate fee) to arrive within seven days of service of this order.

It's paragraph 8 which is most concerning!! Anyone else had the same letter? What do I do now - send in the sane information I sent to the MCOL in Nottingham? Would that comply with Rule 39.5?

And how on earth am I to get the Defendant to agree to the contents of the bundle?????

Please help. Thanks in Advance
Charles

GarethR

Charles68 wrote: »

Hi

I've gone through the MCOL originally, but as Lloyds TSB are defending the claim MCOL transfered the case to one of my local courts (Guildford). The transfer letter did not say anything about sending in the questionnaire,but did say I'd be contacted by the court in due course. Here's the order detail letter I got from the court today:

1. The Claim is allocated to the small claims track
2. The Hearing will take place at a time and date which will be notified to the parties.
3. The Defendant shall not later then 4pm on 16 July 2007 serve on the Claimant and lodge a Court document answering the following questions: (a) Is the case intended to be contested to and at trial? (b) Does the Defendant intend to apply to adduce expert evidence?
4. If the Defendant fails to lodge at Court a document in accordance with paragraph 3 above the defence shall stand struck out and judgment be entered for the Claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid
5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely
6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted
7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court
8. No more than seven nor less than three clear working days before the trial date the Claimant shall file at Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedures Rules and the direction thereto, and shall serve a copy of it on the Defendant. The Claimant shall endeavour to agree the contents of the bundle with the Defendant before it is filed. If the Claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.
9. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with the appropriate fee) to arrive within seven days of service of this order.

It's paragraph 8 which is most concerning!! Anyone else had the same letter? What do I do now - send in the sane information I sent to the MCOL in Nottingham? Would that comply with Rule 39.5?

And how on earth am I to get the Defendant to agree to the contents of the bundle?????

Please help. Thanks in Advance
Charles

From my understanding of the above its just a case you you now putting together the 'Court Bundle' before you go to court, make sure you give them more than a week to receive it though. I will try find you the link to the court bundle stuff or if you pm a chap on here he has the bundle as one, infact if you PM me with your email address I will send you it

:beer:

zzzLazyDaisy

Re agreeing the court bundle. All this means is that the court wants a joint bundle rather than two separate bundles if possible.

You just send them a list of the documents that you intend to include in your bundle. Ask them if they have any further documents that they wish to have included in the bundle and if so to let you have copies by (give a date, say in 7 days time). They send copies of their docs and you include them in your bundle which is now an 'agreed bundle'.

If they don't reply, just go ahead and prepare your bundle and send it to them with a letter saying 're my letter of x date. As I have had no response from you, I have now finalised my bundle of documents for use at the hearing, a copy of which is enclosed'. Then copy both letters to the court, so they know the bank is playing silly beggars.

Hopefully tho they will settle as they won't want to give an undertaking to the court to go to trial

Good luck

ukcrow

Lo there,

im more of a mainstay on the CAG but thought i'd pop over to see if any one-else is in the same predicament as i.

Sorry i cant post much else, (i need to get some shut-eye) But if you head over to CAG and search for ukcrow v lloyds tsb , my thread runs in a similar vein.

Good luck :beer:

penguin83

Its basically a trial bundle. The link below is the rule that the court is referring to

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part39.htm#rule39_5

dreamin

From a previous thread somewhere I read that one of the most significant things within this order is that they are making sure the bank defends it properly, which usually they don't. The posting said that the judges are getting tired of the banks abusing the court system purely to delay things.
Perhaps one of our experts could clarify this.