Allocation hearing in southend on the 5th april

[lee2006]

Hi

 

Just wondered if anyone else was in court that day to in southend?

 

Lee

[peter1973]

Allocation hearing 3pm on 3rd April...

 

with District Judge Attwood. I'll let you what to expect, if you're interested.

 

 

-Peter

[GaryH]

This will tell you what you need - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[peter1973]

Thanks Gary,

 

Been through your excellent guide and the links therein, and (I believe) I'm fully prepared.

 

Was thinking maybe a phone call to Barclays may be fruitful, as only 1 week remaining until hearing.

 

-Peter

[zootscoot]

Some points to argue at an allocation hearing:

1.It is a consumer dispute and should be allocated to the small claims court which is designed particularly for consumers.

2.Under the overriding objectives of the Civil Procedure Rules there is an obligation on the judge to ensure the parties are placed on an equal footing. As the defendant is a huge financial institution it would be unfair to place this in the fast track as they would have the advantage in being able to bear the risk of costs whereas you do not.

 

3.The points of law relied upon are well established and settled law with no complex issues of interpretation. There is thus no need for it to go to the County Court/High court.

 

 

4.Either:

The claim is well below the 5K threshold. You filed the claim believing it would be dealt with in the small claims court and did not anticipate the risk of bearing the costs in the Fast Track. So to transfer to fast track would be grossly unfair.

 

Or

You filed the claim believing it would be dealt with in the fast track and did not anticipate the risk of bearing the costs in the Multi Track. So to transfer to Multi track would be grossly unfair.

 

5. Whilst you have repeatedly tried to contact the defendant to resolve the issue, they have failed to respond to any communication, they have refused your request for a breakdown of their costs in order to satisfy you that their ERC was lawful.

 

6. You believe fully in the justice of your case and if it is to be transferred to the Fast /Multi-track request the court orders that no costs order will be made against you.

 

Best of luck

 

Zoot

 

[lee2006]

Thanks for all your replies and help.

 

Peter if you could let me know how you get on and any insight into what happens would be greaty appreciated.

 

Lee

[peter1973]

Once again, thanks to Gary & Zoot for the pointers.

 

Lee, I'll let you know what happens, assuming it gets that far.

 

Peter