Bank-Smart - Court Claim

[Amethyst]

Re: Bank-Smart

[MENTION=95711]jabill[/MENTION]

Have you been given a hearing date and directions for submitting witness statements and evidence to the court? ( It's usually 14 days before and listed on page 2 of the hearing notice )

The claim is for £2600 ? And the original unpaid bill was £34 ?

[EXC]

Re: Bank-Smart - Court Claim

£2600 was a typo, it's £260:

Original invoice £34.60
Debt Collection Fee £10
Statutory Interest £10.65
Legal & admin Fees £180
Court Fee £25

[Amethyst]

Re: Bank-Smart - Court Claim

Ahhhh, makes a little more sense then, although the £2600 would probably have been simpler to defend lol.

[jabill]

Re: Bank-Smart

H Amethyst, Yes the hearing fee be paid by July 28th , the court date is set for August 25th

- - - Updated - - -

Hiya

I got your e-mail - thanks.

In our experience Citizen's Advice aren't that good at advising on defending court claims. We would be happy to help you draft your defence, witness statement and exhibits. It's crucial that you get this right as most defences fail because the defendant doesn't fully understand the court procedure and how to present their case.

The issue of Bank Smart's consumer credit license is a bit of a red herring and isn't relevant to claims management activities.

No I dont hold any hope for CAB but I'm just following instructions given to me. I have sent you an email for the draft defence and there will be some documents to follow

[EXC]

Re: Bank-Smart

I have sent you an email for the draft defence and there will be some documents to follow

Ok thanks, not got it yet though. Have you done/filed your witness statement yet?

[EXC]

Re: Bank-Smart

...got it, will have a read.

[EXC]

Re: Bank-Smart - Court Claim

Ok is the word doc you just sent your defence? And have you filed it at court?

[jabill]

Re: Bank-Smart

Ok thanks, not got it yet though. Have you done/filed your witness statement yet?

My witness statement/defence to the court was based on my lack of information when they rejected my first SARs request I didnt get the information I needed until after the court papers had been filed so my defence wasnt that great so I have now re-written every thing now I have the supporting documents

[EXC]

Re: Bank-Smart

My witness statement/defence to the court was based on my lack of information when they rejected my first SARs request I didnt get the information I needed until after the court papers had been filed so my defence wasnt that great so I have now re-written every thing now I have the supporting documents

If you've already filed a defence with the court you can't just send another one, you either need to make an application to the court and pay the appropriate fee or get Bank Smart's consent to amend it, which might be tough.

[jabill]

Re: Bank-Smart

I will get in touch with the Court Monday, that has already been spoken about the court knows I have new defence

[EXC]

Re: Bank-Smart

I will get in touch with the Court Monday, that has already been spoken about the court knows I have new defence

Did they just tell you that on the phone?

When you get a moment could you send me the defence & witness statement (minus documents) and the claim form?

[jabill]

Re: Bank-Smart

Did they just tell you that on the phone?

When you get a moment could you send me the defence & witness statement (minus documents) and the claim form?

Yes it was briefly discussed on the phone and of course the mediation had already been set, so I was told to wait after the meditation and that I would have time to amend my defence

[EXC]

Re: Bank-Smart - Court Claim

I'm pretty sure you'll need to make a formal application to amend the defence, court staff aren't the best source of advice - let's see what [MENTION=6]Amethyst[/MENTION] says.

[MIKE770]

Re: Bank-Smart - Court Claim

How to Amend your Claim - CPR Practicalities - LegalBeagles

www.legalbeagles.info › ... › Money & Debt › Bank Charge Claims


check to see if still relevant????

[jabill]

Re: Bank-Smart - Court Claim

Ti

I'm pretty sure you'll need to make a formal application to amend the defence, court staff aren't the best source of advice - let's see what @Amethyst says.

To be honest its not that it is a different defence it's pretty much the same information but this time I have the evidence to support it, I just want to make sure that supportive evidence such as the letters from Barclay Card is entered in the hearing, so its not that its different information, its just extra evidence.