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Nationwide CCA Court Hearing v Jax

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  • #61
    Re: Nationwide CCA Court Hearing v Jax

    i'd include the KPR stuff, as they acted on behalf of nationwide. I'd probably list it seperately to the party to party correspondance as it is a third party. But only if it has relevance to the case.
    Nationwide say KPR is a trading name of Nationwide and their correspondence was in reference to collecting debt and offering a discounted sum payable (they didn't disclose what that sum/discount would be mind).

    So probably not really relevant??
    ------------------------------- merged -------------------------------
    Your disclosure list should include the bittys ref
    What's this Ames??
    Last edited by jax007; 11th October 2010, 11:56:AM. Reason: Automerged Doublepost

    Comment


    • #62
      Re: Nationwide CCA Court Hearing v Jax

      Should really use CPR - Forms - Ministry of Justice (N265)


      Ref Disclosure statement (which is on the form above) its in the practice direction for the standard disclosure CPR 31

      Disclosure statement

      4.1

      A list of documents must (unless rule 31.10(8)(b) applies) contain a disclosure statement complying with rule 31.10. The form of disclosure statement is set out in the Annex to this practice direction.

      4.2

      The disclosure statement should:
      (1) expressly state that the disclosing party believes the extent of the search to have been reasonable in all the circumstances, and

      (2) in setting out the extent of the search (see rule 31.10(6)) draw attention to any particular limitations on the extent of the search which were adopted for proportionality reasons and give the reasons why the limitations were adopted, e.g. the difficulty or expense that a search not subject to those limitations would have entailed or the marginal relevance of categories of documents omitted from the search.


      4.3

      Where rule 31.10(7) applies, the details given in the disclosure statement about the person making the statement must include his name and address and the office or position he holds in the disclosing party or the basis upon which he makes the statement on behalf of the party.

      4.4

      If the disclosing party has a legal representative acting for him, the legal representative must endeavour to ensure that the person making the disclosure statement (whether the disclosing party or, in a case to which rule 31.10(7) applies, some other person) understands the duty of disclosure under Part 31.

      4.5

      If the disclosing party wishes to claim that he has a right or duty to withhold a document, or part of a document, in his list of documents from inspection (see rule 31.19(3)), he must state in writing:
      (1) that he has such a right or duty, and

      (2) the grounds on which he claims that right or duty.


      4.6

      The statement referred to in paragraph 4.5 above should normally be included in the disclosure statement and must indicate the document, or part of a document, to which the claim relates.

      4.7

      An insurer or the Motor Insurers’ Bureau may sign a disclosure statement on behalf of a party where the insurer or the Motor Insurers’ Bureau has a financial interest in the result of proceedings brought wholly or partially by or against that party. Rule 31.10(7) and paragraph 4.3 above shall apply to the insurer or the Motor Insurers’ Bureau making such a statement.


      Disclosure statement

      I, the above named claimant [or defendant] [if party making disclosure is a company, firm or other organisation identify here who the person making the disclosure statement is and why he is the appropriate person to make it] state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on day of . I did not search:
      (1) for documents predating ..........,

      (2) for documents located elsewhere than ..........,

      (3) for documents in categories other than ...........

      (4) for electronic documents
      I carried out a search for electronic documents contained on or created by the following:
      [list what was searched and extent of search]
      I did not search for the following:
      (1) documents created before..........,

      (2) documents contained on or created by the Claimant's/Defendant's PCs/portable data storage media/databases/servers/back-up tapes/off-site storage/mobile phones/laptops/notebooks/handheld devices/PDA devices (delete as appropriate),

      (3) documents contained on or created by the Claimant's/Defendant's mail files/document files/calendar files/spreadsheet files/graphic and presentation files/web-based applications (delete as appropriate),

      (4) documents other than by reference to the following keyword(s)/concepts.......... (delete if your search was not confined to specific keywords or concepts).



      I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents which are or have been in my control and which I am obliged under the said order to disclose.
      You really need to read the CPRs as they will be applicable throughout the rest of the case.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #63
        Re: Nationwide CCA Court Hearing v Jax

        Ahh wasnt Zhan, it was bilbo Legal Beagles Consumer Forum

        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #64
          Re: Nationwide CCA Court Hearing v Jax

          Well basically as I see it (LOL!) I don't need to state where I haven't searched as I have copies of everything to hand - do you agree with this? Therefore I see my Disclosure Statement/List in the following format .................

          Disclosure statement

          I, the above named claimant [or defendant] [if party making disclosure is a company, firm or other organisation identify here who the person making the disclosure statement is and why he is the appropriate person to make it] state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on day of .


          I would make a list of documents as in previous post and add to disclosure statement then add the last bit with my name, address, etc

          I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents which are or have been in my control and which I am obliged under the said order to disclose.

          Comment


          • #65
            Re: Nationwide CCA Court Hearing v Jax

            Yip, sounds ok to me, though think if I were unsure I'd use the form.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #66
              Re: Nationwide CCA Court Hearing v Jax

              Thanks for that Ames!!!

              Need to get this off pronto ... only couple hours to go and I don't have their Disclosure List!! But I expect I'll get it tomorrow and they'll be allowed to get away with it!!

              Just noticed that on Claim Form they are claiming £5763.63 (5.8.09) but on new Default Notice (25.6.10) they are only claiming £4393.73 ... hmmm .....................??
              ------------------------------- merged -------------------------------
              Yip, sounds ok to me, though think if I were unsure I'd use the form.
              Am just completing it now
              Last edited by jax007; 11th October 2010, 12:44:PM. Reason: Automerged Doublepost

              Comment


              • #67
                Re: Nationwide CCA Court Hearing v Jax

                Just noticed that on Claim Form they are claiming £5763.63 (5.8.09) but on new Default Notice (25.6.10) they are only claiming £4393.73 ... hmmm .....................??

                Read more at: Nationwide CCA Court Hearing v Jax - Page 3 - Legal Beagles Consumer Forum
                A cynic might think that under £5,000 keeps it out of fast track which means that judgement can be made on probabilities and is not so reliant on them dotting all the 'i' s and crossing all the 't' 's

                Comment


                • #68
                  Re: Nationwide CCA Court Hearing v Jax

                  [IMG]file:///C:/DOCUME%7E1/Martin/LOCALS%7E1/Temp/moz-screenshot.png[/IMG]
                  Am just completing it now
                  OK all sent off and in time!! Faxed then emailed and posted!

                  Now .............. what happens in the situation where Eversheds haven't sent me a Disclosure List??? Coz they haven't and I have pointed that out to them too.

                  They were bloody quick in letting me know I hadn't sent in an Amended Defence by the deadline ... I do hope the Court doesn't turn a blind eye to this and let them submit it late!

                  A cynic might think that under £5,000 keeps it out of fast track which means that judgement can be made on probabilities and is not so reliant on them dotting all the 'i' s and crossing all the 't' 's

                  Hmmm ... hadn't thought of that!

                  Comment


                  • #69
                    Re: Nationwide CCA Court Hearing v Jax

                    Right the position as we speak is that I have submitted my Disclosure Form on time via email and also faxed - I then put hard copy in post which would arrive today.

                    Also copied in Court.

                    Thus far, I have NOT received Eversheds Disclosure List and have pointed this out to them.

                    Where do I (or rather, Eversheds) stamd in relation to the Disclosure Documents - obviously if they haven't submtted a list then i can't request to inspect originals??

                    Can they still bring anything they want to the hearing - or nothing??

                    Comment


                    • #70
                      Re: Nationwide CCA Court Hearing v Jax

                      bump

                      Have still not received anything from Eversheds in terms of Disclosure List.

                      Therefore I cannot request to inspect anything, especially the original of the CCA!

                      Is this a clever tactic on their behalf ... or have they shot themselves in the foot by denying themselves the opportunity of bringing anything to the hearing?

                      Comment


                      • #71
                        Re: Nationwide CCA Court Hearing v Jax

                        its an application to the court really imho

                        I would write to them and cc the court in that you have not received their disclosures and therefore unless a reply is received you will be applying to the court for an order.
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #72
                          Re: Nationwide CCA Court Hearing v Jax

                          Scuse me for being thick here but what order would I be applying for?? I can get letter off today.

                          Are they allowed to go over the deadline ... I would have thought not??!!

                          Comment


                          • #73
                            Re: Nationwide CCA Court Hearing v Jax

                            in truth its not unusual for the solicitors to miss deadlines

                            So, you would need to apply for an order compelling disclosure,

                            but the reason i say write to them first is to show the court an exhibit, and that you have been reasonable and tried to resolve matters before applying, which may offer protection on costs
                            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                            If you need to contact me please email me on Pt@roachpittis.co.uk .

                            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                            You can also follow my blog on consumer credit here.

                            Comment


                            • #74
                              Re: Nationwide CCA Court Hearing v Jax

                              Thanks Paul

                              I did write to Eversheds on Monday to say I had not yet received their Disclosure List .. I imnagine they were waiting for me to miss another deadline so they could pounce once more! However, I am not at home until Monday afternoon/evening now so even if they send it by the end of this week, I am not going to be able to meet the Court deadline of applying to inspect original documents by Monday 18th at 4pm! Will this matter?

                              What do you suggest ... just write and say, to date I have not received their Disclosure List and that it might have been 'an oversight' on their part?? Surely if I accept a late DL, then I too am flying in the face of the Court Order??

                              in truth its not unusual for the solicitors to miss deadlines

                              Hmmm ... great! ... OK for them to miss deadlines but not us lay people. One rule for them and one for us, I guess! Can't see the point of having deadlines then. I could have submitted my Amended Defence late, but then I guess I would have had the book thrown at me.

                              Comment


                              • #75
                                Re: Nationwide CCA Court Hearing v Jax

                                this might help a little hun, frisp missed his disclosure so the banks coming for him over it now.

                                Legal Beagles Consumer Forum


                                yes you should write and give them opportunity to rectify, then apply to the court for an order for them to comply - with an unless they do the claim be struck out direction.
                                Last edited by Amethyst; 14th October 2010, 18:02:PM.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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