Thread: MCOL case moved to local court without AQ

District Judge xxxx has considered the statements of case and allocation questionnaires filed (none were by direction of MCOL) and allocated the claim to the small claims track.
The hearing of the claim will take place at 10:00 AM on the 7 September at Coventry county court ... and should take no longer than 15 minutes.
Order as annexed hereto The court must be informed immediately if the case is settled by agreement before the hearing date.

Date 10 July 2007

ORDER
The following directions apply to this claim:

1) The claimant shall within 14 days of service of this order send to the defendant and to the Court:-

a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason given (if any) for that charge being made;

b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered;

c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise;

d. Copies of decided cases and other legal materials to be relied upon.

2) The defendant shall within 14 days thereafter send to the claimant and to the Court a responce to the claimants schedule, stating in respect of each item claimed;

a. Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b. Whether such charge is accepted to be a penalty, and if not why not;

c. If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d. If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidance to be adduced at trial as to show that the charge was fair and reasonable;

e. Any witness statements;

f. Copies of decided cases and other legal matters to be relied upon.

3)THE PARTIES MUST NOTIFY THE COURT FORTHWITH IF THERE ARE ANY ISSUES OF LAW OR FACT WHICH MAY AFFECT THE TRACK OR TIME ESTIMATE FOR THE HEARING. ANY SUCH ISSUES MUST BE CLEARLY AND FULLY DEFINED.

4) THE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT BEFORE THE HEARING DATE.

All fairly strait forward. Can I put together one set of original docs and then photocopy them up to have one set for myself, one for the court and one for Wragg respectively? I have another claim against another bank also scheduled for the same date and time (also 15 mins) - does this really mean the cases will be heard together, is it an indication the court does not expect to see Wragg attend?

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Hi, Thanks for your prompting to ring the court Mimi, could n't get them until today (Friday) say to go ahead and send paperwork late but expect District Judge to note it is late. So maybe all is not lost yet! My difficulty is not finding specific documents but working out what to include/exclude from my bundle. It seems to me the critical point is to choose the right statement of evidence, which also means understanding Wragge's argument put in their defence. Every time I go through it I am less convinced than before!

Hi Mimi, I thought you had vanished. No I didn't get any email. I just checked my spam folder and there is no misdirected mail there. - So I decided to go with what I had on the Court bundle and finally got everything finished yesterday which is a relief. Thanks for thinking about me but don't worry!
N940