March Hearing to consider if to stay claim!

[DerekCor]

Please help!

My daughter is in process of claiming around £900.00 charges back from Abbey and has received General Form of Judgement or Order from her court (Norwich) which has listed a preliminary hearing (5 minutes allowed for hearing) on 29th March 2007 to consider :-

" either to stay the claim pending the decision in a test case involving the defendant or to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to mult track for that purpose"

I have searched forums but have not come across this particular circumstance. Mostly it appears that recent Judgement forms have stayed claims to Feb or March pending a test case, but none I can find actually that have given a date some three months forward to consider whether to stay the claim pending a test case!

The Order does go on to state that:-

The defendant, no less than 14 days before the hearing, 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 issue 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.

FYI my daughter did when completing AQ request the court to order standard disclosure etc, as per template in AQ library. I dont know if this would have had any bearing on the court order?

Any help or comment would be much appreciated.

Derek

	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

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[carmen.blanch]

hi i too have this letter mine in ipswich, can we request now that this is not done, or dowe have to go through the motions, can we ask at this point it be transfered to mercentille
some one help us please as skint ,,