rhoodnotts v Barclays ***SETTLED IN FULL***

[rhoodnotts]

Thanks for the prompt response and reassurance. I phoned the court again today (they received the AQ on 28 Feb) and I was again told it had been referred to the judge and I agreed to call back in another weeks time. I take it this is usual?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[rhoodnotts]

Hi,
The Court received the Allocation Questionnaire 0n 28 Feb and after phoning the Court 3 times as advised by Advoc8 above, I have finally received an Allocation Hearing Date at Kington-upon-Thames County Court. I'm slightly concerned that on the first page it says "You should attend" but then adds "This case may be released to another Judge, possibly at a different Court" It started off at Northampton and as I live quite close to Kingston that is obviously the most convenient for me; what are the chances of it being changed?

The full text of what they say is
"To the parties

This case has been listed for an allocation hearing on Monday 25th June 2007 at 10.30 am at this court. This is because District Judge Gold who has considered the papers in the case has decided that such a hearing is necessary before a final decision about allocation of the case can be made.

You are ordered to attend the hearing.

This case has been listed with other cases on the same occasion because it appears to District Judge Gold that the main issues involved in all of them are the same or similar. District Judge Gold may on 15th January 2007 deal with the cases involving the same financial institution as defendant in one block (where more than one case) or, in the light of other considerations, deal with other cases together. This would be subject to any representations by any of the parties involved in such cases proposed to be dealt with together that he should do otherwise

District Judge Gold will wish to investigate whether any of the cases can be settled. He will also wish to determine [a] whether it is desirable and in the interests of justice for more than one case to be finally heard with other cases and, if so, which cases should be finally heard together; [b] what documents and factual and other evidence should be before the court on the final hearings; and [c] whether any case or cases should be tried as a "test" case or cases subject to the interests of both sides and all other relevant matters and, if so, on what terms as to legal costs and otherwise.

It is emphasised that there will be no final heraings on 25th June 2007 and so the court will not hear from any witnesses as to the facts of the cases on that occasion. The court will be giving directions for the final hearings which will take place on later dates.

Note: If you fail to attend the hearing, the court may order you to pay the costs of the other party that does attend. Failure to pay those costs within the time stated may lead to your statement of case being struck out. The court may also make other orders relating to the case in the abscence of a party who fails to attend."

Can you please interpret the slightly mangled English and explain what it all means in laymans terms? I'm particularly confused by the reference to 15th January 2007, do you think this is a typographical error, and if so, what should I do about it? Shortly after that the text refers to "representations by any of the parties", do I need to make any representations and what representations might Barclays make? What are the implications of the reference to a possible "test" case?

As it seems that nothing will be settled even in June, is it likely to be settled by the end of the year?

I guess I'd better book a day off work for 25th Jun, will I be able to claim for a day's loss of wages?

Incidentally, a friend, who I encouraged to follow the same course with the Halifax, has had over £3,000 paid back into her account and hasn't yet filled in the Allocation Questionnaire -- lucky so and so!!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[rhoodnotts]

..

[Bookworm]

I think that the reference to january is because they reused a previous directions letter, and forgot to change the date there.

The best thing to do is phone the court in tuesday and double-check the date.

It is highly likely that the bank will settle in the days before or even on the day of the hearing. It is however essential that you attend, as you could get your claim dismissed if you don't. It happened recently to someone at the Mercantile Hearing in Leeds. (not a CAGger, as far as we know, though)

I'll find you the relevant thread, and if you read through the report of what happened then, it will help you understand a bit better. Back in a bit.

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[Bookworm]

http://www.consumeractiongroup.co.uk...st-774694.html

http://www.consumeractiongroup.co.uk...st-775867.html

are the 2 relevant posts. Although this was a Mercantile hearing, the set-up will be the same, so read and absorb.

[rhoodnotts]

Thanks for your help, Bookworm. I have read the two threads through a couple of times and get the message loud and clear that it is crucial to turn up.
Will I be able to claim for loss of wages?
What should I do to prepare? zsazsa says they submitted their CMI sheet; what does CMI stand for and what is the importance of the sheet?
I will phone the court tomorrow to clarify about the January date. I know you'll say that Barclays will probably settle before it gets to court, but I'd be very reassured if I could organise a buddy to come along in support, can this be arranged?

[Bookworm]

Under CPR 27.14(2), the court may order a party to pay all or part of -

(...)
c. a sum not exceeding [£50] for any loss of earnings by a arty or witness due to attending a hearing (...)

So on that basis, you should prepare something to show the judge your loss of earnings for that day. If the other side offers to pay up on the day of the hearing, but before you go in front of the judge, make sure the other side pays that too, if they refuse, say you want to let th ejudge decide then.

CMI (Case Management Information), as far as I am aware, doesn't apply to an allocation hearing, only to Mercantile, but I'll check for you. In the meantime, you could check Mercantile Court Guide #3, and see if you want to maybe use some of it anyway, just to be ready.

As for support, well, I think your best bet is to trawl the forum for people who have a hearing on the same date, and make contact with them ahead, and take it from there.

You might want to pm The_Phoenix, he no longer lives there, but I know he had an allocation hearing in Kingston a few months back, so shoud be able to tell you what to expect.

[rhoodnotts]

Hi Bookwork,
I've been looking at the Lloyds thread
District Court Rules Punative Charges Legal
where the Judge in Birmingham ruled for the Bank and have today sent a recorded delivery letter to my Barclays Branch in Kingston upon Thames requesting a copy of my original contract and I've copied a Witness statement which I will adapt, but I'm concerned about what everyone refers to as a Court 'bundle' presumably a lot of papers.
1. what should a bundle of papers consist of?
2. do I need just one, two or three copies of everything?
Regards,
rhoodnotts

[rhoodnotts]

Where can I find a list of what I need to prepare for an Allocation hearing in just over 3 weeks time on 25 Jun

[Michael Browne]

See here:
http://www.consumeractiongroup.co.uk...ate-guide.html

[rhoodnotts]

Allocation hearing

These types of hearings are primarily to decide upon which track your claim will be allocated to, so your main objective would be to argue for allocation to the small claims track. Other matters could also be decided such as directions, and the judge may attempt to narrow the issues in dispute.

So the most important thing is to argue that my cliam should be heard in the Small Claims Court?

[Michael Browne]

You could also proose the Draft Directions Order. See Preliminary/Directions Hearing at the same post.

[saintly_1]

You could try ringing Barclays litigation team saying something like .... ive got a court date and was wondering if you could give me the name of the person dealing with my claim ........ you never know they might settle
Hope that helps

[rhoodnotts]

Hi,
Barclays have finally settled in full and the funds are cleared in my account. Thank you all for your help and support, especially The_Phoenix!
5% on its way!!!
Regards
rhoodnotts

[welshcakes]

Hey fhoodnotts - great news1

You must be over the moon and rightly so! Hope you're planning on a celebratory drink this weekend.

PM a Mod and get yourself moved to SUCCESSFUL CLAIMS

[jonni2bad]

Congratulations.

Thread moved to successes. Can you please pass on your Litigation details to a Moderator in the following format...

Name of Bank
Claim number
Username
Total claimed
Date of claim (YYYY-MM-DD)
Concluded (Y/N)


Many thanks

[rhoodnotts]

Name of Bank Barclays
Claim number 7QZ05084
Username rhoodnotts
Total claimed £909.04
Date of claim (YYYY-MM-DD) 2006-12-21 original letter 2007-06-25 Court Hearing
Concluded (Y/N) Yes!

[Spiceskull]

Originally Posted by rhoodnotts

Hi Bookwork

LOL - just noticed this...

[rhoodnotts]

Hi,
Although Barclays settled on Thu 21 June and I notified the Court on Fri 22 Jun once I had confirmation that the payment was made and cleared, I have today received a notification from the Court through the post. It says
"To the Claimant's Solicitor
Before District Judge Gold sitting at Kingston-Upon-Thames County Court, St James Road, Kingston Upon Thames, Surrey, KT1 2AD.
ORDER OF THE COURT'S OWN INITIATIVE
The claim be dismissed and the allocation hearing notified to the parties be vacated.
Note: A party affected by this order may apply, not more than 7 days after it is served on him, to have it set aside or varied.
Dated 25 June 2007"
The Hearing was supposed to be on 25 June. What does it mean? It seems like they had a hearing anyway and have dismissed my claim! Does this mean Barclays can demand it back???

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[saintly_1]

I would just contact the court reiterating that you informed them on the 22nd that the case was settled