sammy v IGroup (now GE Money)

[sammyjammy]

Quick update from me as its all been quiet for a while, I had a letter fro mthe court saying if AQ not received from defendant by Friday then defence will be struck out, now that would be quite a Christmas present but as we all know they will leave it till the last minute, unless they've forgotten me!

 

Sam

[zootscoot]

Lets hope they're too busy with Christmas parties!

[sammyjammy]

I've just got back from Cornwall to a copy of IGroups AQ, they are suggesting that it goes to multi track, the details are identical to what is on D5Tweddles AQ apart from they say costs are £400 not £800 (bizarre) and they have requested a Case Management conference.

 

What do I do now? Does anyone know what the case conference will involve? I'm ready to continue the fight but admit to being a bit perplexed, which I guess is the idea!

 

Any advice gratefully received....

 

Sam

[dogwash]

Hi Sammy, not been on forum for a while I've not been too well and ended up with pneumonia all over christmas - still feeling a bit rough. I don't know what game Eversheds are playing - can't for the life of me think why your claim should be heard in multi track - mine is in small claims and it is for £4000+. Think they may be trying to intimidate you - cos whoever loises could be liable for costs in multi track. However it would be most unlikely if you were to lose (which I'm sure you (we) won't) that a Judge would award costs against a single, litigant in person even if they lost. The case conference, as far as I am aware (and I may be wrong so I'm sure someone better qualified will put you right on this) is just to basically go through evidence both parties intend to provide. Think this is probably just to try and intimidate you further - let you know you are taking on the big boys with limitless resources at their disposal. Don't be intimidated - they are in the wrong - the law is on our side. The main people who seem to be benefitting from all of this is Eversheds. I'd hate to see the bill they are going to give GE Money for their "services" and at the end of the day it will all be for nothing because they are going to lose.

[sammyjammy]

Hi Sue, Poor you! I didn't have much of a Christmas either as my gran had a massive stroke, she seems to be recovering but it was all very scary, my parents live 20 miles from the nearest hospital and they took her in the air ambulance, it was all very traumatic!

 

Totally agree with what you're saying, its silly really, they seem to have forgotten the idea of trying to settle these cases, are you just waiting for your day in court now? Do you think I should write to the court requesting it stays in small track?

 

Take care of yourself!

 

Sam

[dogwash]

Hi Sam, sorry to hear about your gran but at least she is in the best place now to be properly cared for.

 

Have a look at hmcourts-service.gov.uk. It will explain all about different tracks and what a case management conference is. I think they are just trying to frighten you by asking for multi track. It seems unnecessary to me. Your claim is for well under £5000 so should normally be allocated to small claims track. Small claims track is very informal and therefore not very intimidating. If it was me I would write to the Court and say that "I note from their Allocation Questionnaire that the defendants have requested that this claim be allocated to the Multi Track and that there also be a Case Conference. However as my claim is for less than £5000 and is an uncomplicated case in that it is a straightforward claim for refund of penalty charges which also breach the Unfair Terms in Consumer Contract Regulations I feel allocation to the small claims track to be the most appropriate. I would therefore respectfully request that this claim be allocated to the Small Claims Track."

 

At the end of the day it is for the District Judge to decide. He will look at both you and the defendants' allocation questionnaires and take into acount your letter (if you send it).

 

Don't necessarily take my advice on this. I am no expert, but that is what I would do if I were in your position. I suggest you pm zootscoot for some further advice.

 

Good Luck.

 

Sue

[dogwash]

Just had another thought if you decide to send letter to court I would add that you are a sole litigant in person so would word it something like "I note from their Allocation Questionnaire that the defendants have requested that this claim be allocated to the Multi Track and that there also be a Case Management Conference. However as I am a sole litigant in person, my claim is for less than £5000 and is an uncomplicated case in that it is a straightforward claim for refund of penalty charges which also breach the Unfair Terms in Consumer Contract Regulations I feel allocation to the small claims track to be the most appropriate. I would therefore respectfully request that this claim be allocated to the Small Claims Track."

 

Good Luck

 

Sue

[sammyjammy]

Thanks Sue, I'm really rubbish at putting things down on paper so your wording will give me a really good start, I did PM Zoot and she said they probably wouldn't allocate to a different track without a hearing but that it couldn't do any harm sending a letter so I'll get on to it straight away.

 

I'll keep you posted.

 

Sam

[zootscoot]

Hi Sammy,

 

A couple of threads you might like to have a look through:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/7223-sandy-gmac-rfc.html

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/9207-reclaiming-abbey-mortgage-early.html

 

All the best

 

Zoot

[sammyjammy]

Yeah! Things are moving on, I've had a letter this morning from the court to say the case has been allocated to small claims track despite their request, court date is 2nd March. Bring it on, I'm so pleased I wrote the letter to the court, they have obviously had enough of these organisations and their delays and intimidation, they've also said that the case should last no lnoger than 2hrs, bit different to their 2.5 days!!!

 

Dogwash - I seem to have caught you up a bit so am only two weeks behind now!

 

Sam

[dogwash]

Nice one Sam! Now aren't you pleased you sent that letter? Yeah you are right on my heels now. My court seems to be pretty busy so my hearing date was a long way off.

 

Herewith a link that may be helpful to you. Perhaps put it in your court bundle. Sorry Zootscoot of it is already in your sticky. I've got that many links Idon't know where I got half of them from!

 

Office of Fair Trading Test for Excessive Redemption Charges

[zootscoot]

Its not in the stickies yet but is just about to go in!

 

Thanks DW

[dogwash]

My pleasure Zoot.

[bricky]

Hi Sam,

 

I read this thread with interest andwas wondering if your still in court tmrw(2/3/07)?

 

If so, good luck and keep us posted!!

 

B

[tendom]

What happened to Dogwash & Sammy's cases with Igroup (GE MOney)?