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Directions Hearing - What is it and what do I need?


noobrider
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Hi all, I have just received notice from the court whereby Judge Hickenbottom has allocated it to small claims via a Direction hearing which is scheduled to last 20 minutes.

 

What is a direction hearing and what do I need to prepare for it. There is no mention of submitting any court bundles information or anything and no clues as to what will be discussed.

 

Has anyone done one been to that stage yet?

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 2 weeks later...

I think a directions hearing is where the court decides whether to order various things such as standard discolsure, whether expert witnesses should be allowed/appointed etc.

 

So it would be good to have a thorough understanding of your case, the law you will be relying on and why you do or dont want anyhting particualr.

 

For example if you had a choice would you want an expert witness appointed or allowed?

 

Someone posted something a judge said in an order to a bank along the lines of 'The issue of the bank charges is not a matter for experts its a matter of fact. The relationship between the banks charges and other banks is irrelevant to the claim at hand.'

 

Id be interested to know what has happened at other directions hearing but i think its to decide such things as outlined above.

 

In terms of submissions i dont think you need to submit anything unless it has a direct bearing on the hearing.

 

I wold advise you bone up on your chosen subject.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I've also found this on the courts website which might be of help

 

Why would the judge hold a preliminary hearing?

The judge would usually want a preliminary hearing if:

  • your claim requires special or unusual steps to be taken ('special directions') which the judge wants to explain to you and the defendant personally; or
  • the judge feels that either you, or the defendant, has no real prospect of winning your claim, or defence, and wants to dispose of the claim as soon as possible to save everyone time and money; or
  • if your particulars of claim, or the defendant's defence, do not show any reasonable grounds for bringing the claim, or defending it.

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In a directions hearing you would make an appearance, and explain to the judge (who will already have briefed himself on your case from his court file) who you are and what you are appearing in front of him to achieve, so you outline your case and the judge may ask you some questions about it,keeping to essential points but not going into the details necessarilly.

 

This is to ascertain the projected time the case is likely to take at the next stage of proceedings and the judge may ask if any applications have been made to vary the order.He will then allocate a time to fit the case in to be heard and propose what direction, next to take.

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