ConsumerWiki - Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

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THESE ARE NOT TEMPLATES

They are to give you a starting point from which to work from, should you be asked to submit any of these to the court. YOU WILL NOT NEED TO SUBMIT ALL OF THESE TO COURT. If you are having difficulties preparing for court please type out your court order IN FULL (exclude your name/court etc) on your thread.

Contents

CASE SUMMARY

(The case summary should include a chronological list of events (ie letters sent & received etc, date of claim, amendments etc - excluding without prejudice)

CLAIM NO: xxxxxxxx

In the [insert court name] County Court


[insert name]


Claimant -AND-



[insert name]


Defendant


CASE SUMMARY

1. I am the Claimant in this case.

2. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.

3. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.

4. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.

5. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.

6. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.

7: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.

8. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

9. A list of charges applied is attached to this Case Summary.

10. The Claimant contends that:-

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. 11. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure. a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated. b. I understand that it is in the Courts discretion to do so.


Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages.


Dated this day of 2006


Signed [type name]

DISCLOSURE BY LIST

It is recommended to do this in a spreadsheet to enable sorting and layout

Basically a list of everything you intend to include in your bundles.

Case/Claim No: [Claim number]

In the [insert court name] County Court


[insert name] CLAIMANT

-AND-

[insert name] DEFENDANT


DISCLOSURE BY LIST

OF [insert name] CLAIMANT


I, [insert name]of [insert home address] Intend to rely on the following documents in court - 1. Correspondences


File Ref .....Date .......Description ......................... ......................... No. of pages

(A) 20/04/06 Letter: Request for repayment of charges to Abbey from NAME to NAME- 1

(B) 02-05-06 Letter: Abbey acknowledgment of (A) from NAME to NAME - 1

(C) 08-05-06 Letter: Letter Before Action to Abbey from NAME to NAME - 1

(D) 11-05-06 Letter: Abbey response to (C) from NAME to NAME - 1

(E) 11-05-06 Letter: 2nd Abbey response to (C) from NAME to NAME- 2

(F) 15-05-06 Copy of County Court Claim form issued by Claimant - 1

(G) Court Document: Notification of claim issued - 1

(H) 22-05-06: Letter: Letter from Solicitors from NAME to NAME - 1

(J) 22-05-06 Court Document: Notification of Acknowledgment of Service - 1

(K) Copy of Abbey Acknowledgment of Service - 1

(L) 23-05-06 Letter: Claimants Response to (H) from NAME to NAME-1

(M) 23-05-06 Letter: Schedule of Charges in response to (H) from NAME to NAME- 2

(N) 14-06-06 Letter: Abbey Fax copy of defence from NAME to NAME - 4

(O) 15-06-06 Letter: Letter confirming defence entered from Court - 1

(P) 15-06-06 Letter: from Solicitor confirming account details from NAME to NAME– 1

(Q) 15-6-06 Court Document: Notification of Defence Filed by Abbey - 1

(R) ----------------------------------------------------------------

(S) 21-06-06 Letter: Claimant to Solicitors – confirming return of Allocation Questionnaire from NAME to NAME- 1

(T) 20-07-06 Court Document: Notification of Allocation and Hearing – 2

(U) 20-08-06 Letter: Claimant to District Judge from NAME to NAME– 1

(V) 30-8-06 Court Document – General Form of Judgement or Order -1

(W) 30-08-06 Court Document – Notice of Case Management Conference -1

2. Authorities


...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking provided by Abbey

(BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(CC) -- The Supply of Goods and Services Act (1982) - 13

(DD) -- Unfair Contract Terms Act (1977) - 9

(EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35

(FF) -- House of Commons Early Day Motion (EDM 2227) - 1

(GG) -- House of Commons Select Committee on Treasury Second Report: ‘Transparency in charging’ - 10

(HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 - 2

(JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) - 2


The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

Statement of Truth

I believe the facts stated within this xxxxxxxxxx to be true and comprises of xx pages.


Dated this day of 2006

Signed


WITNESS STATEMENT

Rules for witness statements can be found at This Practice Direction supplements CPR Part 32

Case/Claim No: [Claim number]

In the [insert court name] County Court


[insert name] CLAIMANT

-AND-

[insert name] DEFENDANT


First WITNESS STATEMENT

OF [insert name]


I, [insert name] of [insert home address] will say as follows:-

1.I am the CLAIMANT is this case. 2.I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges 3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.

5. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.

6. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.

7. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.

8. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.

8: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.

9. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

10. A list of charges applied is attached to this Witness Statement.

11. The Claimant contends that:-

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.

11. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure. a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated. b. I understand that it is in the Courts discretion to do so.

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages.


Dated this day of 2006

Signed [type name]

DRAFT ORDER FOR DIRECTIONS EXAMPLE

In the XXXXXX County Court

Claim number XXXXXX




Between


XXXXXXXX - Claimant


and


XXXXX - Defendant



Draft Order for Directions


The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order.


2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

f) Any witness statements.

g) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.





Related Pages

Court Bundle: Non-Compliance Letter

Directions: Non-Compliance

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