Bundle and Skel Argument / Statement of Evidence for stay hearings WIP

[Amethyst]

CAGS SKEL ARGUMENT - hey its a starting point isnt it


SKELETON ARGUMENT FOR THE CLAIMANT(Litigant in person)

In the proceedings on xx/xx/xxxx at x.xx am/pm relating to the Defendant’s application to impose a stay/or the Claimant’s application to lift a stay

The Claimant will rely on the following submissions:

1. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time.


2. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits.

3. Distinguishing factors - (add any distinguishing factors here ie things which make your case different to that of OFT eg if your bank has defended purely on the basis of penalty rather than UTCCR also if yours is a credit card, mortgage or business claim

4. Hardship – give a brief outline of why you will suffer hardship if your case is stayed

5. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case

6. Defendant’s conduct -Give brief details of your banks litigation conduct in your own case and in other cases eg if they drag things out and settle at last minute

7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy

8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include

a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.
b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.
c). That the defendant is prevented from closing my account.

d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.

e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )

f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)

g). That these injunctions remain in place until the settlement of my claim.

h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.

i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent

Signed

dated

[Amethyst]

Re: bundle for temptys hearing - from zoot

• objections to stay - financial hardship grounds.
• case summary - listing correspondence between me and bank
• schedule of charges
• statement of evidence......basically her originally stay lift letter reworded to account for new circumstances
• letters of correspondence with natwest
• bank statements with charges
• income/expenses sheet
• JSA claim letter

[Amethyst]

Re: Temptys Stay - appeal to unlift it now grrr *************

STATEMENT OF EVIDENCE (to front bundle)

1: Personal Financial Statement


2: Proof of Current Benefits Claimed

3: Schedule of Charges

4: Financial Services Authority Waiver Document FSA/PN/090/2007 27 July 2007
''Consumers who are in very difficult financial circumstances - 'hardship cases'
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with
during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS.''

5: Definition of Hardship - from internal policy documents written by the Defendants.
''Divorce - warranting loss of income
Loss of Job - customer or partner
Reduction in earnings due to unexpected occurence
Maternity
Increased dependants (more kids/dependant relative)


Customers should not be considered or Financial Hardship just because they have too much to repay. There has to be an additional change in circumstances. In considering suitability consideration must be given to current guidelimes from regulatory bodies and also consider reputational risk to the Bank whilst not compromising credit risk.

QUALIFYING CRITERIA

Total house income must be less than 15,000 PA

or - normal house income has suddenly reduced by 50% or more

or - unforeseen outgoings have suddenly increased by 50% or more''


6: British Banking Association - Section 14

14.1 We will consider cases of financial difficulty sympathetically
and positively. Our first step will be to try to contact you to
discuss the matter.

14.2 If you find yourself in financial difficulties, you should let
us know as soon as possible. We will do all we can to
help you to overcome your difficulties. With your cooperation,
we will develop a plan with you for dealing
with your financial difficulties and we will tell you in
writing what we have agreed.

14.3 The sooner we discuss your problems, the easier it will
be for both of us to find a solution. The more you tell us
about your full financial circumstances, the more we
may be able to help.


7: Natwest test case overdraft charges update

Recent customer information document from Natwest does not mention the exception for cases of hardship. The only mention of this is the following paragraph.

The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension (direction) on the FSA website.



8) These funds are strictly exempt from being taken by way of any charges under the Tax Credit Act 2002 Part 2 Section 45 Inalienability as follows

45 Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

9) And the Social Security Administration Act 1992 (s.187) which states as follows:

187.—(1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.


10The case should be heard in accordance with the Overriding Objectives from the Civil Procedure Rules. Specifically

CPR 1.
2) Dealing with a case justly includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
and
(d) ensuring that it is dealt with expeditiously and fairly;

11: Correspondence with Defendants
a)
b)
c)
d)
etc in date order with outline

12) Correspondence with County Court
a) Original Claim form
b) Orders ref stays / bundles/hearings etc
c) Letters too and from court - strike out letter/ letter re stay lift etc
d)
etc in date order with basic outline what letter is.