disclosure on closed bank account & varied T&Cs

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Hi, thank you Gorang, I will send you the documents, I only have two hours (son in nursery) to do the discloure list which has to be posted today. I can not afford a barristor, but I am getting confused as he has told me reconstructed documents are ok. The RBS application form has been altered so I am hoping the Judge will rule for orginal. I am also going to look at the dates of the Default Notice etc.
Thank you again, Boxerdog...........

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Hi Gorang, I have gone through two files and one box full of papers, I do not have all that you requested, so I will ring the Court tomorrow and go and get copies, with the application notice it may be that it was from the otherside I can only find a Statement of Case, but I will double check. I am still working on the Disclosure list as I can not find N265 (SUP) form on line. I can find N265 and had done all the work on this form! but the Judge has order N265 (SUP) anyone know where I can get this, it is not on line under Court forms finder? I have looked at the Default notice and it appears on the RBS they only allowed 14 days, is it 14 days plus 2 for posting? I also found a problem with the notice of assignment, so I will make a note of this. Thank you again, Boxerdog............

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Hi Gorang, I been working on this Claim most of the day! I have complied with the Court Order with four minutes to spare! I have sent you via your e-mail the documents and responses. There are one or two issues.
Thank you again for all your kindness and support. Any news on the Default is it 14 plus 2?
Christina

[Boxerdog8]

Re: How late can you file a Defence?

Dear All,
I am getting very worried about my Amended Defence, the otherside contacted me within 24 hours wanted my Court Order documents, (I had sent them) threating costs issue, I would feel less stressed if I put in a Amended Defence, the Witness Statements are due 11th January and the Case Management in Feb, PLEASE can some one let me know:
1. How late can an Amended Defence be submitted?
2. Can anyone look at the application forms and T&Cs and give me their thoughts on enforceability???

Please can someone respond on the enforeablity issue.
As the Claim is in the fast track, are there different rules on original agreements, when I pointed out to a different Judge that a Default Notice was wrong, (recontructed) with error in, (it did have an error on the amount) I still lost the Claim. This Claim is going after my and my yound child HOME, so I need to put up a strong fight, so please any advice would be welcome.

Thank you again for all your time and kindness.

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

You can apply to amend at any time, including if need be at or during the hearing. Permission ot do so is at the court's discretion, you have to argue that it is in the interests of justice that you be allowed to do so.

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

If your home is at risk, you may want to try and get professional help on a pro-bono basis as well as seeking advice on this site.

One of our members is getting some very high-level advice via the Bar pro-Bono Unit. There is also a scheme through the Bankruptcy Association.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Dear Springer, thank you for your posts. I have re read the last Court Order and it states, the dates for the exchange of witness evidence be varied to 12th Jan 2012 would I be right in that this is NOT Witness Statement but the evidence ( I was re order to resend documents?) in which case I have more time that I thought, which is a wonderful Christmas pressent!
Your a real gent! Thank you. Boxerdog,

[Celestine]

Re: disclosure on closed bank account & varied T&Cs

LOL Springer is a lady!! Very 'princessy' I'm told!!

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

Yes, I rather like to visit the grooming parlour

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

........and I am a complete bitch

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

Turning to your question about the Court's Directions, the witness evidence WOULD normally be the Witness Statements (with any supporting Exhibits) but you should also make sure you provide or re-send any Documents specifically requested by the Court.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Hi Springer, ah sorry lady...............it the snake that trew me. OK I will get onto to it may have to submit the WS late I was up all hours of the night but feel like I know what direction I need to go in. Thank you. Merry Christmas.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

I am signing off this thread. I have legal representation on a no win fee arrangement. The pro bono unit were good but could not find a barrisitor. I would not recommend anyone taking on a large claim (mine was £9K plus £17K costs in the fast track) without a barrisitor as the large legal firms know how to put pressure on and see how weak your Claim is. Small errors will not win a Claim, the Judge has an overriding object to see justice is done. I did a great deal of reseach and was able to convince a barristor to take the Claim on. I hope with all my heart that we can throw the book at the DCA!
Good luck.

[charitynjw]

Re: disclosure on closed bank account & varied T&Cs

Good luck, Boxer!

Let us know how it pans out, won't you?