Associates/Citifinancial Unfair charges claim

[Shelley181146]

The Defendants have said the following;

 

"The Defendant believes that it is appropriate for thie case to be allocated to the Small Claims Track for the following reasons;

 

1) The Claimant's Claim is for damages ? and/or losses of about £425 plus interest & therefore well within the Small Claims Track limits.

2) The Claimant is a litigant in person and appears to be exempt from Court fees. And what point is that making? The Defendant also wishes to keep any applicable costs to a minimum.

3) The Claim is not complex and the Defendant considers the final hearing can be dealt with within 3 hours.

 

That's the Defendant's way of saying "Don't waste your time or mine"

[Andyorch]

Implies a few things to me and one that I would raise at the first opportunity.How do they know you are exempt?

[Shelley181146]

Because I haven't claimed court fee reimbursement on original N1 form I suspect?

 

But what that has to do with the Claim, I don't know

[Andyorch]

Because I haven't claimed court fee reimbursement on original N1 form I suspect?

 

None of their business and is nothing to do with the claim and absolutely nothing to do with the completion of the AQ.You should raise this with the dJ and ask what is its inclusion on the AQ intended to imply?. Make a fuss Shelley that way they know you know and the Judge knows that they are trying to dam your claim and imply and that its should be disregarded......smart a***s.

 

Regards

 

Andy

[Shelley181146]

[quote=andyorch;4012370.You should raise this with the dJ and ask what is its inclusion on the AQ intended to imply?.

 

Regards

 

Andy

 

How do I raise it with the DJ? on the AQ or the hearing (if I get one)?

 

I know the Defendants like to intimidate their Claimants and I can always stand my ground in the best of arguments - I just don't know the best time to kick off, lol.

 

Regards

Shelley

[Andyorch]

G.

 

In the absence of acknowledgement of the claim or any defence, I applied to the court for Judgement to be entered In Default. I understand the defendant entered a late acknowledgement and, subsequently, a defence. It is requested that the Court uses its discretion in deciding that the Claimants late submissions be acceptable and justified.

 

The defendants comments in their AQ section G with regards to my personal circumstances in raising this claim should be disregarded and offer no merit to their defence.

 

Andy:wink:

[Shelley181146]

That's rather polite, ok, :lol:

 

Seriously, I will add that.

 

Thank you so much Andy.

 

Regards

Shelley

[Andyorch]

It simply nullifies their comment which there is absolutely no need to make and brings it to the DJ attention when he decides directions to progress the claim.

Dont forget copy AQ to them.

[Shelley181146]

I will have great pleasure copying AQ to them

[Shelley181146]

That all went off well by fax on 10th and today I have received 'Notice of Transfer of Proceedings' dated 12th October advising the Claim has been transferred to my local County Court for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's decision will be sent in a notice of allocation.

 

My contact expects that to be 7-10 days depending on the caseload at my local court.

 

Should I now be preparing my WS Andy? if so, HELP........please

[Andyorch]

Await Notice of Allocation first Shelley this will set out the timetable of directions and dates to play with...once you have this we can draft a suitable WS.

 

Regards

 

Andy

[Shelley181146]

Thanks Andy. Appreciate you dropping in.

 

Will keep you posted

[Shelley181146]

Nothing received to date - should I be chasing this or am I expecting too much?

[slick132]

Hi Shelley,

 

You should still wait for word from the court.

 

Perhaps chase using your court contact next week if you've heard nowt by then.

 

[Shelley181146]

Thanks Slick. I will pop into my local court tomorrow as I will be in the vacinity

[Shelley181146]

Spoke to the courts today (local not CCMCC) and the file is still with DJ..................

 

Might that be a good thing?

[Shelley181146]

Hi Andy & all,

 

I have received a Notice of Allocation to the small claims track (Hearing) form N157 sent 2nd class post. It states the following;

 

Deputy District Judge xxxxxx xxxx has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10.00 am on 21st Dec at xxxxxx County Court and should take no longer than two and half hours.

A hearing fee of £325 is payable by 26th Nov by the claimant unless you make an application for fee remission concession. Failure to pay the fee will result in the hearing being removed from the list without further order of the court.

Usual wording, case maybe be delayed dependent upon timing of other cases etc.

1. By 4pm on 7th Dec 2012 the Claimant must send to the court and to the Defendant copies of all documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The Claimant MUST bring all original copies of dicuemnts to the final hearing

2. By 4pm on 7th December 2012 the Defendant must send to the court and to the Claimant copies of all documents he intends to rely upon at the final hearing. These MUST be in a bundle with each page clearly numbered. The Defendant MUST bring the originals of those documents to the final hearing.

3. By 4pm on 7th December 2012 the Claimant and the Defendant must send to the Court and to each other copies of the witness statements of all the witnesses they intend to rely upon at the final hearing. The witness statements MUST comply with the attached note headed “WITNESS STATEMENTS IN SMALL CLAIMS TRIALS”.

4. If a party wishes to rely on legal authorities copies must be filed and served no later than 7 days before the hearing.

 

Now unfortunately this was received during an unexpected EMERGENCY stay in hospital for me and I have only just been released!

I was made aware of this document during my stay and I have telephoned the courts to explain my predicament. However, the court personnel I spoke with did not appear to be very helpful to my plight when I asked if I could get an extension of 5/14 days to file ‘fee remission documents, but following my asking to speak with his manager he did phone me back and I have been granted until 1st Dec to get that part of the information in to them.

 

However, as I am the sole carer for my disabled husband as well as now having just been discharged from hospital for my own health issues, realistically, I do not think I will be able to get my bundle together in time for the 7th December. When I asked the court staff member for information as to what I needed to do if I would like to vacate the date and request a new one due to my circumstances, he seemed vague and clueless.

 

TIME IS OF THE ESSENCE NOW AND I HAVE TO MAKE A DECISION BUT IN ORDER TO DO THAT I WOULD LIKE SOME ADVICE/OPINIONS ON WHAT MY OPTIONS ARE PLEASE – AS QUICKLY AS POSSIBLE.

 

I do have a lot to think about personally and I would like to ask that any opinions or advice suggested – PLEASE PROVIDE IN BULLET POINTS OR IDIOT GUIDE – it will help tremendously.

 

Appreciate you taking the time to assist in my plight

Shelley

[MARTIN3030]

Yes does not leave much time.I think would not be so difficult if the other side are in agreement so speed is important although its a tricky one given that at this stage of proceedings many will cave in.

Lets see what Andy thinks.

[Andyorch]

Hi Shelley I trust you are well considering what you have to deal with at the moment.

 

Ok Notice of Allocation (SCT)

 

Bearing in mind the hearing has been set for the 21st December 2012.You are allowed to extend the time periods providing it is agreed with the other parties and the Court informed.I would suggest a date of 14th December realistically but no later.

 

Regards

 

Andy

[Shelley181146]

Hi Shelley I trust you are well considering what you have to deal with at the moment.

 

Ok Notice of Allocation (SCT)

 

Bearing in mind the hearing has been set for the 21st December 2012.You are allowed to extend the time periods providing it is agreed with the other parties and the Court informed.I would suggest a date of 14th December realistically but no later.

 

Regards

 

Andy

 

Hi Andy,

 

Thank you for getting back to me.

However, I am hoping you meant 14th January and NOT 14th December?

In these circumstances, do you think an email is appropriate to the Defendants solicitor's or should this be special delivery or both?

Apologies to ask a topic of such trivia but it may have dire consequences if the Defendants say" nothing received".

 

Regards

Shelley

[Andyorch]

" The hearing of the claim will take place at 10.00 am on 21st Dec at xxxxxx county court "

 

No 14th December to submit and exchange bundles. Unless you want to move the hearing date?

 

Andy

[Shelley181146]

" The hearing of the claim will take place at 10.00 am on 21st Dec at xxxxxx county court "

 

No 14th December to submit and exchange bundles. Unless you want to move the hearing date?

 

Andy

 

I would prefer to request to move the hearing date if there is likely to be any chance under the circumstances?

[Andyorch]

Ahh that's a little but more convoluted Shelley...you need to seek agreement with the other parties ( if they refuse little chance Im afraid) and then request to vacate that hearing date and request a later one.This can be done via an application but speak to the Court Manager they will advice the best route.

 

There may be fees involved .the application...The Court will advise as it can vary.

 

Regards

 

Andy

[Shelley181146]

Ahh that's a little but more convoluted Shelley...you need to seek agreement with the other parties ( if they refuse little chance Im afraid) and then request to vacate that hearing date and request a later one.This can be done via an application but speak to the Court Manager they will advice the best route.

 

There may be fees involved .the application...The Court will advise as it can vary.

 

Regards

 

Andy

 

Hi Andy,

 

Then that leaves me in a predicament because I am already having to prepare for my 'other' case for Set-aside hearing on 30th Nov but I guess that's my problem and Citi won't care of ill health issues they will use that to their advantage no doubt?

 

Are you saying there's little chance of their agreeing to my request for a new date?

 

Guess I have got some serious thinking to do tonight......

[Andyorch]

I think they would agree Shelley no reason for them not to.If they do refuse point blank then you can still approach the Court ( at least you have been civil and tried).

 

Andy