Preliminary Hearing letter?? Help needed!

[Phil3822]

Morning all, just found a letter posted this morning from my local court. Reference my claim.

 

1. The claim be allocated to the small claims track

 

2. The claim be listed for further directions only at a Preliminary Hearing to take place of the 14th February 2007 at 10.30 am, time estimate 5 minutes, to be held etc etc

 

3. At this hearing the court will consider either:

 

a. to stay the claim pending the decision in a test case involving the defendant, or

 

b. to give directions for this claim to be heard as a test case, and if necessary reallocate the claim to the multi track for that purpose.

 

4. Not less than 14 days before the preliminary hearing, the Defendant shall file with the court and serve upon the claiment details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claiment draft directions for this case to proceed as a test case

 

5. The claiment may make any representations to the court in writing provided these are recieved by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

In simple terms, help! What am I to do here? Just looking for someone to explain in simple terms what this is.

 

Thanks in advance

[BELLA 47]

Hi Phil, I received the exact same letter today as well! What court are you with?I posted on the Lloyds forum and Gary will hopefully get back to me tomorrow with some info.

[Phil3822]

Hello and thank god someone replied lol. The letter came from the kings lynn court in norfolk. I would be grateful if you could post any info you get and i'll do the same. Might be able to figure it out between us lol!

[BELLA 47]

Hello again Phil,

Well, Gary has responded, have a look at his post on my thread. I think l will

do as he suggests and write to the court asking that it stay in the small claims track, I don't want to risk charges in the multitrack.First however, Iwill read around the links he has given to get some more info. When I have composed a letter I will post it so you can read it.Do you think we would have more clout if we both sign it?Let me know you thoughts.

B

[BELLA 47]

By the way, my court is King's Lynn too!

B

[bish]

Hi both phil 3822 and bella 47, I have already gone through this so you may wish to check out my post under bish. I am at the kings lynn county court to. Unfortunatly the day of the hearing I was unable to attend as my wife had surgery on the same day. I wrote back to the court and excused myself from the hearing and went with the judges decision. Abbey requested a stay to discuss setllement and the judge allowed this, abbey did not settle. I now have a restored hearing for the same time and date as yours. I think we need to get our heads together and decide on what would be the best directions for us. In my second AQ filed on 11/01/2007 I attached draft directions for the courts considerations. I will find the draft for you and post here so you can have a look.

 

Regards bish.

[bish]

Hi here is that new approach to allocation questionnaire link, have a read you might want to take a copy to court along with a list of settled cases;

New strategy for Allocation Questionaires pm me if you need any help.

 

Regards bish.

[Phil3822]

Thanks to you all, I'm a little closer but life is so hectic at the present as Im moving house. Finding it hard to get my head around this. I'm only claiming £590! Not going to give in though!

 

I agree that getting our heads together as a team and singing from the same sheet would be a great idea.

 

I must say that I'm not confident with the idea of appearing before the judge. I'm confident of the case but not my knowledge of any questions.

 

Could do with step by step instructions at the most basic level!

 

Look forward to any replies and I'll post a more comprhensive 'help' later.

 

Thanks in advance!

[BELLA 47]

Hello Phil & Bish,

Here is a printout of the court's letter that we all received.

 

It is ordered that:

1. The claim be allocated to the small claims track

2. the claim be listed for further directions only at a preliminary hearing to take place on 14 February 2007 at 10.30 am, time estimate 5 minutes, to be held at King's Lynn County Court.

3.At this hearing the court will consider either:

a. to stay the claim pending the decision in a test case involving the defendant, or

b. to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

4.Not less than 14 days before the preliminary hearing, the defendant shall file with the court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

 

 

And here is Gary's advice:-

 

 

 

The court is considering putting your claim forward as a test case, which will mean allocation to the Multi-track.

 

Bear in mind that every test case so far has been settled, including many involving Lloyds. You should decide whether you are prepared for the case to proceed as a test case or not. Remember that the multi-track carries the risk of costs being ordered against you if you were to lose.

 

If not, you need to write representations as to why your not happy with this, and request that your claim proceeds on the small claims track. The reasons would include that you are an ordinary consumer who filed the claim on the understanding that as the claim is under 5k, it would be allocated to the small claims track. You have no desire to carry the responsibility of a test case and to burden you with both the costs risk and added stress would be grossly unfair.

 

Additionally, the overriding objective's (Part 1) of the Civil Procedure Rules requires that both parties are on an even footing going into the hearing. The bank is a multi-national financial institution who can easily bear any costs risk, whereas you are a litigant in person for whom a costs award against you could mean financial disaster. You could argue that this is an uneven footing. The arguements against fast/multi-track allocation are outlined in this post by Zoot - ade,steph,jack v barclays HELP IM WORRIED??

 

Of course the court could refuse your request, in which case you'll go to multi-track. Its highly likely Lloyds will settle in any event, but I'm sure you'd get lots of help if your case were to go through on that track or as a test case. Here's the forum dedicated to test case claims where you may want to start a thread - http://www.consumeractiongroup.c o....t-cases-stays/

 

Basically, I think what I'd do if it were me is write in to the court with representations as per 5), asking that the claim proceed with a small claims hearing, and proposing the directions as per this draft order, which you should attach to your letter - New strategy for Allocation Questionaires.

__________________

Gary

 

 

Personally, I am all for writing to the court citing all the reasons why we think that allocation to the mulitrack court would be detrimental to us and at the same time including another copy of the new strategy for allocation questionnaires that Gary suggested.(I too sent a copy if those with my allocation questionnare as well Bish! however, the judge doesn't seem to be taking any notice so far does he). Like Phil,I don't fancy going to court and facing a judge, I don't feel confident to answer any questions he may fire at me either, so I would like to tell the court I am not attending but trust the judge will take account of my statement of case and suggested directions to take us forward.If you both agree I could draft a letter to that effect and post it up here later today for your perusal.

 

Bella

[bish]

Hi phil & bella,

 

The prelim letter you received is the same as my first one in November. You will note that the defendant is ordered 14 days prior to the hearing, to file with the court and serve on the claimant certain information. I did not receive it first time round and I assume that you have not received any info from abbey relating to cases or draft directions. So abbey again have failed to comply with an order of the court for a second time.

 

The letter I received stated just that the prelim hearing had been restored

When you should attend, so I have to be there. I am quite happy to answer any questions the judge may ask. The actual hearing will be quite informal and only lasts 5 minutes. The judge has the opportunity at this hearing to go forward with the draft directions we supplied. I will be pointing out that abbey have not complied with the orders and that any cases sent up to multi-track have all been settled prior to a hearing, and all requests as detailed in the draft order have resulted in non compliance by the abbey.

 

Regards bish.

[Phil3822]

Bella, so do you have any intentions of attending? In some ways I would like to but Im just unsure of the whole situation. Have you started on a letter yet to the judge? Be good to work together...

 

Must be having a slow moment but I do not understand all of the post. Why do you need to fill out another AQ? "New stratergy AQ"??

[bish]

Hi phil,

 

No need to fill in another AQ yet, that was just me. I have had one allocation hearing which was stayed for 28 days at the request of abbey, to allow for settlement. However abbey just used it to stall for another month, and I had to submit a second AQ. The new strategy AQ relates to draft directions that you can attach to your AQ to aid the court in how the case will progress. Both me and Bella attatched these to our AQ's, if you decide not to attend court then you could send a copy 5 day before the hearing to the court and defendant with your letter explaining you are happy to abide by the judges decision, but would like the court to concider the draft directions or turn up with them on the day and ask the judge to concider them. The draft directions can be found at this link New strategy for Allocation Questionaires .

 

Regards bish.

[Phil3822]

Thanks for that clarification bish, do I just attach the template to the letter to the judge and thats it. Or, if I attended, would it be a case of just handing the judge that template? What else could possibly happen or what else should I do/prepare for?

 

All these questions I know, but want to get my head round this! Thanks again!

[bish]

Hi Phil

 

Yes just attach to the letter and say that you would like the court to consider the draft directions that have recently been brought to your attension. Obviously the template letter would contain your case details.

 

I have not attended a hearing before so not quite sure what to expect, as only 5 mins allocated doubt we will get through to much. The judge could ask a few questions relating to your case, so gin up on the bare bones regarding penalty charges and relevant consumer regulations. Any points you may wish to ask the judge relating to the allocation. I will also be taking along details of all settled cases by the abbey and bringing it to the attension of the judge. I feel sure he/she will be well aware of the situation regarding the banks abusing the court system. If abbey are there and the judge has a list of settled claims he may wish to ask whether the abbey are going to enter a court room or settle at the last minute.

 

Regards bish.

[Phil3822]

Sound very good bish, all the best for you and look forward to how it goes! Be interesting to see abbey there but I dount it very much indeed!

[bish]

Hi Phil

 

I doubt they will turn up, but think that because I am not playing ball with them they just might show. Not worried as will ask why they have not complied with any of the orders issued by the court.

 

Regards bish.

[BELLA 47]

Hello Phil, What did they say when you went to the court today?

 

b

[Phil3822]

Hello, went into court yesterday. The clerk read my letter and said "this looks familiar lol" anyway, they were fine with me not attending. Not much more to report really. Guess its a case of waiting! Good luck all

[bish]

Hi phil,

 

Have you found out what happened at the hearing yet ?, or did you get a settlement from abbey. Bella and mine got settled so hoping yours did to.

 

Regards bish.

[Phil3822]

Hi Bish, no settlement and got a letter through this morning that makes no sense to me

 

here it goes...

 

Before DEPUTY DISTRICT JUDGE etc etc...

 

Upon reading the file and correspondence lodges herein

 

IT IS ORDERED THAT

 

1. The Preliminary Hearing herein be relisted to take place on

 

Monday the 30th April 2007 at 10.30am, time allowed 5 minutes, at

 

Kings Lynn county court etc etc...

 

2. The time for the Defendants compliance with paragraph 4 of the Order herein dates 31st January 2007 be extended to 4.00pm on the 22nd February 2007. In default of compliance the Defence herein be struck out and the Claiment may enter judgement

 

Dated 14 February 2007

 

In one hand I think it means they are being extended to submit the're representations as per the first letter. The bit that throws me is the last sentance regarding compliance and struck out etc.

 

Looking forward to all help

[bish]

Hi Phil

 

This is good news, unless abbey comply with the original general form of judgement or order, that the court applied to your case ie

 

4. Not less than 14 days before the prelimanary hearing, the defendant shall file with the court etc etc.

 

Have a look at the court order, If abbey do not conform with the original order by 22 Feb 2007, you can ask for judgement in your favour. The defence will be struck out otherwise.

 

This is great news for you, the judge obviously knows what the banks are up to and has given them until 22/02/07 to comply with the original order, if they do not then he will strike out their defence.

 

Wait for the money Phil. Well done mate, Although they could apply for a set aside, don't think they will, hope they pay up. Keep me posted.

 

Regards bish.

[Phil3822]

Thanks bish, still heard nothing to date. When the 22nd arrives, what should I then do? Looking for step by step instructions.

 

Thanks again!

[bish]

Hi Phil

 

If after 22nd not had anything from abbey into court, you need to fill in form N205A. Have a look at the N1 claim form sent back to you when you issued it. There should be one attached re Notice of Issue (specified amount), fill in the section Request for judgement section A & C. You need to ring the court to see if they have complied with the order, If they have not just check with the court that you now need to send in the above form, just to double check. HTH.

 

Regards bish:D

[Phil3822]

Abbey called me on the night of the 21st and with some hassle they agreed to settle fully. They sent me an e amil confirming this but 2 weeks on I've recieved nothing from them yet. Called court yesterday and they confirmed they've not replied and I should apply for judgement. Problem is I cant find the form

 

How long should this all take to completion now?