Completing a discloure statement and list

[gelas]

Can anyone help me complete a N265 disclosure form - I am taking a person to court for a debt of over £10k.

Thank you in advance.

[Amethyst]

Re: Completing a discloure statement and list

Should be quite straight forward - is there a particular section you are stuck on?

Take a look through CPR 31 and Practice direction 31a

[gelas]

Re: Completing a discloure statement and list

Hi I will get CPR31 and direction 31a but I must confess i think it is all getting too much and i am possibly confusing myself. I have had a Notification of Allocation to the Fast Track with several directions, one of which states:-

by 4pm 9 September 2014 both parties must give to each other standard disclosure of documents by serving copies together with a disclosure statement.

I have downloaded and printed off N265 and I have got together all documents (texts, letter, proof of defendants lies) and copied them. As a draft so far I have put in the Court details etc, ticked the first box (claimant) date of order then not applicable as I have got all documents for my part. Page 2 I have stated N/A as i have got all documents for my part. One of my queries is:-

The box that requires ticking at the bottom of page 2 and refers to not permitted inspection of documents..... under Rule 31(6)(b)or(c) i am confused by this.

Then on page 3 i will attach a seperate List as there are too many to list in the space on Part 1, On part 2 there is a particular copy cheque that I do not wish to disclose so I have written "I require the Defendent to produce evidence of how he repaid the amount of £xxxx supported by bank statements". Is this acceptable and i have several letters to and from solictors until i could no longer afford to retain same, do I have to list these under this section. I do not have any documents that are not in my possession.

Any help on the above would be very appreciated.

Thank you.

[Amethyst]

Re: Completing a discloure statement and list

You're right to leave the box at the bottom of page 2 unticked.

What's the issue with the cheque? Refusing to allow inspection of it seems like you are trying to catch them out ? Plus the form isn't really the place to be asking for specifics from the defendant, that would be in your statement of case/WS/Skeletons. Have you already asked the defendant for this information? ( you risk an application for specific disclosure and costs of if the cheque is an important part of the case)

Letters between yourself and your solicitor don't get included, but letters between yourself and the defendant, or your solicitor and the defendant, so long as they are not offers of settlement (without prejudice) would be.

Here

All communications that are written to or sent by your solicitor in his professional capacity are covered by legal professional privilege and are therefore privileged from inspection providing they were sent for the purpose of obtaining legal advice or assistance.

Communications that your solicitor has with third parties are also privileged from inspection on the basis of litigation privilege if they are both created after the litigation was contemplated and are made for the purpose of giving advice or obtaining evidence in relation to the litigation.

[gelas]

Re: Completing a discloure statement and list

Hi Amethyst,

You are correct in the wanting to catch him out. I cannot get a copy of the original cheque that I gave to him as Santander has damaged the film. I have been advised on good authority that if I wrote the cheque out to his first initial and surname that he actually gets his father/daughter to cash them. This would cause a problem for me but the copy cheque he gave me as part payment was a cheque that he had written to me from one of his customers. He said at the time if he cashed it the bank would swallow it up so had it made payable to me off his debt. I thought if I asked him top provide statements for his repayments to me this would prove to a Judge that he does 'this' kind of thing with cheques.

That is also the problem no-where in this whole case has there ever been a part where I can ask him for documents ie his bank statements to try to prove that he cashed the loan cheque I gave him as I also have the cheque numbers that paid for his caravan. Sorry to be muddly... he borrowed money from me to purchase a caravan, i gave him some by cheque and some by credit card, the credit card I have copies of so no problem but the cheque part is where I cant seem to find a way to ensure I see the bank statement.

Sorry if I have confused you even more but this is what I am doing to myself.

Thanks for the infomation regarding the solicitors letters, do I have to still list all of them despite not having to show him or merely list the ones to and fro my solicitors with him.

Just to make it more horrendous when I initially contacted a solicitor I had been advised to take both im and his wife to court as she was in the caravan and my solicitor agreed despite several times advising that she never ever asked for the loan. However I did not do a joint claim i have done it solely in his name but solicitors letters to them both. AWFUL MESS!

Thank you for all your assistance it is really helping.

kind regards

[Amethyst]

Re: Completing a discloure statement and list

Okayyyyy sounds a bit messy.

Might be simpler if you post up the particulars of claim you entered ( so far I think I've got that you lent a 'friend' money to buy a caravan and he hasn't fully paid you back )

Is he claiming he has repaid you ?

[gelas]

Re: Completing a discloure statement and list

Amethyst Thank you soooo much for everything that you are doing to help...

How do I post up the particulars of claim please - i am a dumb dumb lol

[gelas]

Re: Completing a discloure statement and list

1. The Claimant resides at XXXXXXXXXXXXXXXXXXXXXXX
2. The Defendant formerly resided at XXXXXXXXXXXXXXXXXXXX The Claimant knew the Defendant as a friend.
3. In or around April 2007 the Defendant asked the Claimant to lend him £5,000 to assist with the purchase of a caravan for himself, to be used by him and his wife. Also in or around April 2007 the Defendant asked the Claimant to lend him a further sum of £6,500 to purchase the aforesaid caravan as the Defendant could not raise the funds himself. 4. On 16 April 2007 the Claimant loaned the Defendant £5,000 from her savings which was paid to him by cheque. On 28 April 2007 the Claimant loaned the Defendant £6,500 which she borrowed on her credit card account with Abbey National, now Santander, and was paid on behalf of the Defendant by credit card transfer to Park Resorts in Sheerness. This credit card amount was later transferred to Citibank now Opus. 5. The terms of the loan were that the Defendant would repay at least the minimum credit card repayment each month. Interest was to be applied to the total loan at the credit card rate of 5.9% per annum. 6. The Defendant is in breach of the terms of the loan agreement as the Defendant did not make repayments equal to the monthly repayments due to Santander and Opus formerly Citibank although he did make a series of repayments to the Claimant as shown on the spreadsheet. 7. In addition the Claimant credited the Defendant’s loan account spreadsheet with £200 in respect of work carried out at her property by the Defendant’s employee. 8. The Claimant’s spreadsheet is attached and shows that interest of £4,085.03 has been applied to the original loan of £11,500, after deduction of £4,806 repaid leaves a total sum outstanding from the Defendant of £10,770.33. 9. The Claimant has incurred further costs obtaining copy credit card statements of £14.00 this has also been added to the spreadsheet. There will be additional costs for example photocopying evidence, postage. 10. The Claimant has also incurred Solicitors costs to the amount of £1,140.00 which is not included on the spreadsheet. 11. Despite many requests the Defendant has not repaid the monies due to the Claimant. A letter before action was written by the Claimant on 28 October 2013 and a solicitors’ letter before action on 7 November 2013 in accordance with Pre Action Protocol. This followed many requests by the Claimant to the Defendant for repayment. Some correspondence between the Claimant and the Defendant is also attached the rest will be provided when required. PARTICULARS OF DEBT
(i) The spreadsheet attached sets out the total sum due from the Defendants as £10,783.42.

(ii) Written request for payment were made by the Claimants to the Defendant on several occasions in 2012 and 2013 but despite these reminders the Defendant remain indebted to the Claimant in the sum of £10,783.42.


The Claimant therefore claims: 1. £10,783.42 in respect of unpaid monies and interest to date of issue of the claim. 2. Interest under s69 of the County Court Act 1994 at a rate of 8% per annum from the date of issue of the claim form and continuing interest at the rate of £2.37 per day to judgment. Dated this 13th day of March 2014 STATEMENT OF TRUTH I believe the facts stated in this Claim Form are true.

[Amethyst]

Re: Completing a discloure statement and list

Ahhh with you now

Can you post the copy of the defence if you have it (or summarise what his defence is)

[gelas]

Re: Completing a discloure statement and list

I think i just lost it will try again... I am so grateful for this.....

[gelas]

Re: Completing a discloure statement and list

It keeps going stray

Here goes typing it: Word for word as he has written it. It wasnt signed nor dated and he counter claimed but that was not allowed!

Dear Sir/Madam I cannot understand how Mrs xxx has the gaul to issue me with this summons as it was not me who originally had the loan it was my estranged wife who had the money for a caravan which she lived in as we were not living together and out of the goodness of my heart and because i thought we were friends i paid mrs xxx £4800 out of my own pocket, but what Mrs is failing to mention is she owes me £2200 for scaffolding and a temporary roof which i erected at xxxx to which she said she would settle up with me when she sold the property and being a friend for over 20 years i agreed but all of a sudden she does not want to honour this debt so you see i refuse to pay any more money towards this debt as i explained to mrs xxx solicitor and that that she should pursue mrs yyyy for the balance as ive paid £4800 plus £2200 makes me £7000 ive paid and dont even have the money on saying that mrs xxxx has recently split up with my brother and her and mrs yyyy are colluding together in this to make me out to be the bad guy.

lol so untrue