Rascal v Woolwich

[austenpowers]

Rascal I filed my AQ on the 18th Sept and haven't heard anything so as Martin says your waiting is nothing out of the ordinary. Hopefully we will both hear something soon.

[rascal]

Just rang the Court. Apparently the other side have until 9th October to answer?? She said then it goes to the District Judge who will decide the correct directions and then set a date. She said it is taking approximately 2 months from that time .

[MARTIN3030]

Ah well ......at least you have some idea.

 

Dont forget tho its quite possible they will settle even before the court date gets near !

You are moving up the ladder...and now closer to making the shopping list;)

[rascal]

I sent them a letter about a week ago with my email and phone details asking if they wanted to contact me before court but have not heard anything. If I do not hear anything by time baby comes Im going to offer to settle out of court for £**k. I just don't want this hanging over me when baby gets here I think it will be too much hassle.

 

Also - I don't quite understand what the clerk said to me on the phone about them having until 9th October to respond. Is this standard with an Allocation Questionnaire - what exactly are they responding to? Will I see a copy of their response and will they have received a copy of my AQ?

[MARTIN3030]

The Allocation questionaire is exactly as it reads.

Allocation means the direction of where the claim should go.

Both sides have a chance to put their case as to whether it should stay in small claims or not.

They also have their chance to say anything on the form which may be useful in helping the Judge decide on the best route.

 

You have said you would take..... as settlement.

If I were you I would edit that figure (or even the statement ) as they may read it here and offer you that so you will lose money !!

 

The 9th of October is given as the day......one of the reasons I think that allocation questionaire return times are so long is to give the 2 parties another chance to settle.

And also to give each side enough time to prepare.

[rascal]

So will I receive a copy of what they reply and what happens if they don't reply by 9th October?

[MARTIN3030]

If they dont reply by the 9th then its up to the court.

They may offer the defendants a couple more days to respond or the Judge may strike out the claim,you may be offered this option on payment of a fee.

[rascal]

Thought I would just update to say I still haven't heard anything from the Court they told me when I last spoke to them it would take a while. Im getting impatient I can't really see any light at the end of the tunnel and to top it all off I am now on maternity leave and fed up. When I do eventually receive a date how long will it be til then? Has anyone received a settlement before receiving a court date?

[essjaysea]

Not really Barclays style. They usually settle a few days prior to the hearing. I have not heard of any settlements before the court date has been set

[rascal]

Sigh.... my whole life is about waiting at the moment. I'm living by timescales and it's incredibly frustrating. 4 weeks til the baby due, 5 weeks til I should hear from court, 10 or so weeks to Christmas.....

 

How long roughly do the courts take to reply and issue a date am I looking at way in to 2007?

[austenpowers]

There's no answer to that question I'm afraid Rascal. Every court is different and it is just a question of trying to be patient and letting things take their own course. As you may remember we have been running at approximately the same timescale all the way through and if it makes you feel any better, I haven't heard from my local court either.

 

I know it's easier said than done, but I would concentrate on that baby of yours and let barclays/woolwich do the worrying about your claim. But if you ever need any help or support, dont forget we're all here supporting each other. Let's hope you receive a date from your court any day soon then at least you will have a something to aim for.

 

Now go and put your feet up!

[squishy]

Hi Rascal

 

I filled in and sent my AQ in mid August and with my due date next week, asked not to get a date within 3 weeks of my due date. Someone else sent theirs in a week or so after mine (same court) and got my due date as their court date, but they've given me a December date. The court took about 3 weeks to send me the date, so I'd say you are looking at next year, but it depends on how busy the courts are. I did ring the court and they were able to tell me how far ahead they're allocating the dates, so that may help. I've just put it out of my head for now - no more I can do. Start preparing your bundle as that will be the next step anyway and I found it a bit stressful with exactly 4 weeks before my due date as a deadline. Best of luck x

[Stevie T]

Blimey not another pregnant mother? and all especting at the same time!

[falcon185]

All pregnant at the same time?? Must have been one hell of a party ;-)

[rascal]

I got my court date through this morning for 27th January 2007. In it part of it says:

 

"Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person".

 

 

Is this standard?

 

I have tried to contact Adrian Ruffhead via email to discuss a "Proposal" out of court but so far have heard nothing.

[squishy]

Hi Rascal

 

Am not sure whether it's standard or not, sorry, but from what I've seen of Barclays, I doubt you'll get a response until nearer the court date. I hope I'm wrong, but I've given up hearing from them until the week of my court date....

[rascal]

I'm really worried, I haven't been asked to provide a bundle or anything :?. I emailed them a few days ago proposing an offer and giving 14 days for them to respond thinking I wouldnt hear anything from the court for a while. Am really nervous now, knowing my luck I will be the test case.

[paddym]

Stop panicking rascal settle yourself down ! you havent been given a test case so just take it in your stride i wouldnt bother mr ruffhead again if they think your too eager to settle they may just keep you dangling to the last minute ! no news is good news so they say !

[squishy]

I understand, Rascal, I keep thinking I'm going to be the test case as well! They're just testing your nerve....

 

If you're unsure about why no deadline for the court bundle, you could ring the court and ask them to clarify - I found some really helpful (as well as unhelpful ones, trial and error here!).

[rascal]

I dont understand why I havent received the same response as everyone else from the court then? - ive been referred to small claims rather than fast track and there is no mention of a bundle at all just that the judge wants to talk to me regarding the case beforehand at a preliminary hearing (big gulp).

 

Has anyone else had this response or am I the only one?

[e28bigalbexley]

What court you at Rascal im off to Dartford. Mines on the 27th with a preliminary hearing to see if the claim can be disposed of... i hope that dont mean after all this hes gonna chuck it in the bin!!!

 

 

 

 

[rascal]

Im off to Dartford too but in January. On my Notice of Allocation to the Small Claims Track all it says is that "special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person."

 

Have you been asked to prepare a bundle at all?

[e28bigalbexley]

Im off to Dartford too but in January. On my Notice of Allocation to the Small Claims Track all it says is that "special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person."

 

Have you been asked to prepare a bundle at all?

 

mines Jan too and no nothing about a bundle just : District judge gLOVER HAS CONSIDERED THE STATEMENTS OF CASE AND THE DEFENCE FILED AND ALLOCATED THE CLAIM TO THE SMALL CLAIMS TRACK.

BEFORE THE CLAIM IS LISTED FOR HEARING THE JUDGE HAS ORDERED THAT A PRELIMINARY HEARING SHOULD TAKE PLACE:- TO CONSIDER WHEATHER THE CLAIM CAN BE DISPOSED OF.

 

Not sure weather thats good or not. oh and mines on the 25th not the 27th sorry

[e28bigalbexley]

I found this in the libary section CPR (Civil procedure rules )

 

it say this about special directions

 

 

 

 

APPENDIX C

 

 

 

SPECIAL DIRECTIONS .The must clarify his case.

 

He must do this by delivering to the court office and to the no later than

 

[a list of ]

 

[details of ]

The must allow the to inspect by appointment within days of receiving a request to do so.

The hearing will not take place at the court but at .

The must bring to court at the hearing the .

Signed statements setting out the evidence of all witnesses on whom each party intends to rely must be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.

The court may decide not to take into account a document [or video] or the evidence of a witness if these directions have not been complied with.

If he does not [do so] [ ] his [Claim][Defence] [and Counterclaim] will be struck out and (specify consequence).

It appears to the court that expert evidence is necessary on the issue of and that that evidence should be given by a single expert to be instructed by the parties jointly. If the parties cannot agree about who to choose and what arrangements to make about paying his fee, either party MUST apply to the court for further directions. The evidence is to be given in the form of a written report. Either party may ask the expert questions and must then send copies of the questions and replies to the other party and to the court. Oral expert evidence may be allowed in exceptional circumstances but only after a further order of the court. Attention is drawn to the limit of £200 on expert's fees that may be recovered.

If either party intends to show a video as evidence he must –

(a)contact the court at once to make arrangements for him to do so, because the court may not have the necessary equipment, and

(b)provide the other party with a copy of the video or the opportunity to see it at least days before the hearing.

 

Anything look familar?

its looks like sumthing to do with experts? are you getting an expert in/are they?

Perhaps you should post the reply from the court

Anyway dont worry im sure sumone with a bit of knowledge will come to your aid ME im a bit thick around fancy words

Chin man;-)

 

AL

 

[rascal]

Ive not heard anything else.....

 

The court havent been in contact re. experts fees or anything like you suggested. My baby is due next Wednesday so just going to sit back and play another waiting game.

 

They didnt respond to my email offering an out of court settlement - I sent it to Fluffhead or whatever his name is. I gave them 14 days to respond and that was about 3 weeks ago me thinks. Shame cos I was offering them a £500 discount looks like I will just have to continue and receive the whole lot in January. At least it will pay for me to have another 3 months off work with our new arrival.

 

R