Silverjames - v - Abbey

[silverjames]

Finally seeking advice - with helpful advice from this site and others I have reached the stage with Abbey (on behalf of my daughter) of the Court "allocation hearing" to be held on the 10th August !!!
My problem is in the wording of the notice :-

2. At this hearing the Court will consider either:
a. staying the claim pending the decision in a test case involving the Defendant or
b. giving directions for this case to be heard as a test case and if necessary allocating the claim to the multi-track for that purpose

3. Not less than 14 days before the allocation hearing, the Defendant shall serve 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

4. The Claimant may make any representations to the Court in writing providing these are received by the Court and served on the Defendant not less than 5 days before the allocation 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

This has thrown me and I don't know how to respond - any advice with a view to accelerating the claim would be appreciated please.

Silverjames

[ICY]

Not seen that before, just goes to show how sick the courts are of the banks abuse of the system

[Parkvale]

silverjames, I will get these directions checked out by a moderator.

[GaryH]

Suffolk or Norfolk I take it? Standard directions for all courts in those area's.

You don't actually need to do alot - this is good really becouse it means you'll almost certainly never have to produce a full court bundle. Abbey will almost certainly settle before the Allocation hearing.

You don't even need to attend if you don't want to. Your only obligation is to get in some written representations no later than 5 days before the hearing. Get it in a couple of weeks before though if I were you, also with a copy to Abbey - it'll give them a kick up the bum which may prompt them to settle.

Zootscoots allocation hearing witness statement will do the trick. Its linked from this thread -
GOT A COURT DATE? A guide to the later stages

Anything your not sure of just ask.

[adamc6671]

Hi silverjames

Got exactly the same response from Ipswich County Court, only for a hearing on 21st Sept, so I'll keep a close eye on your thread (if you don't mind!) If you don't mind me asking, which Court is yours?

I too have had much VERY helpful advice from GaryH which is on my thread 'Tish vs Abbey'.

All the best - Adam

[silverjames]

Thanks GaryH
Had not seen this wording before in any previous cases - does'nt leave Abbey any room for maneuver but drags on the case (started Jan 07).
Will follow your advice. Court by the way Adam is also Ipswich!

Silverjames

[adamc6671]

Hi Silverjames

'Partners in Claim'!!!!!!! Will keep a close watch on here as I'm sure I'll learn much from your experiences. If there's anything I can do, or help with advice on, I'd be only too glad.

All the best - Adam