Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Court Order ** WON **

    Hi all

    I'm in the process of claiming £953 from Barclaysicon and am waiting for my court date (although I hope it doesn't get that far!!)

    I received 2 letters this morning, I presume from my local court.

    The first one, entitled "Notice of transfer of proceedings" stated:

    To all parties.
    As a result of an order made on 10 October 2006, this claim has been transferred to the Cardiff county courticon.


    The 2nd one, titled "General form of judgment or order" stated:
    EX PARTE
    IT IS ORDERED THAT the case be transferred to Cardiff County Court for the attention of DJ Hendicott


    Has anyone else received something similar? What does it mean? Bit scared!!

    Thanks

    Similar Threads:

  2. #2
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    Default Re: Court Order

    Not sure about the answer to this but I have a couple of questions for you.

    Did you file on-line?

    If you did, when they sent you the allocation questionnaireicon, which Court had it been transferred to?


  3. #3
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    Default Re: Court Order

    Yeah, I file on-line. When they sent me the Allocation Questionnaire, my case was being transferred to the Pontypool county courticon. Now it's been transferred to Cardiff and I'm not sure why...


  4. #4
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    Default Re: Court Order

    Hi again.
    I'm thinking that there may be a block of them being listed for the same day in Cardiff CC. I remember reading in a thread a month or more ago of several cases being sent/transferred to Southend CC. They never had a hearing as they were all settled before the date.

    If I'm wrong I'm sure some other helpful soul here will correct me.


  5. #5
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    Default Re: Court Order

    Yes they did do that in southend -they are also doing it in bedford - Can you type out the full order which states its being transferred to Cardiff please ? Cheers

    The cardiff one as I remember a few claims were transferred there and then Distrioct Judge Hendicott ordered a stay awaiting the outcome of a hearing in London.

    Ex parte usually means only you have been told (in this case only you know its gone to DJ Hendicott I think ) I assume this is for the allocation hearing ?


  6. #6
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    Default Re: Court Order

    Thanks guys. The full order is:

    Before District Judge Asplin sitting at Pontypool county courticon, 1st Floor, County Court....(address of court)

    EX PARTE

    IT IS ORDERED THAT the case be transferred to the Cardiff County Court for the attention of DJ Hendicott.


    This is the first hearing for my case so I assume its the allocation hearing, although I'm not really sure. What is an allocation hearing??

    I'll keep my eyes open and see if anyone else gets transferred to the Cardiff County Court. Thanks for your help.


  7. #7
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    Default Re: Court Order

    Okay at the moment you dont have a hearing - I assume your claim has just gone into Hendicotts pile of bank claims to deal with and he'll issue directions when he has looked at them all. It may well be hes asked for all claims in his area to go to him so he can allocate a bulk hearing aka bedford/southend.

    Just have to wait and see now


  8. #8
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    Default Re: Court Order

    Thanks for the info. Will let the forum know how things develop! I know Barclaysicon play a waiting game, so I'm expecting them to pay up at the last minute....


  9. #9
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    Default Re: Court Order

    I think I made this comment in another thread but now that the judge has put these cases on the back burner while waiting for a case to held at a higher court, what happens if, as is usual, the bank settles the case before the hearing?


  10. #10
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    Default Re: Court Order

    I'm just guessing here but the judiciary are probably increasingly aware of the many cases of this nature being brought against banks. It is also likely that they know these cases never reach court so as Welshman says, the case has probably been bundled with other similar cases and sent to one court.

    Claiming £865 from Barclays.

    6 years of statements already on file (never threw them out)
    Preliminary letter sent 10/08/06
    £420 Offer received from Laurence White on 30/08/06
    Letter of rejection sent 06/09/06
    LBA sent 21/09/06
    MCOL Submitted 4/10/06
    Acknowledged on 23/10/06 - Barclays have filed a defence 7/11/06
    Case transferred to Cardiff Court and a directions hearing set for 21 December 2006
    Barclays caved in on 18th December and made an offer to settle in full
    Money in my account 2 days later.
    Case closed
    I won
    Follow my thread here

  11. #11
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    Default Re: Court Order

    Thanks maps-n-stuff, I'm sure you're right. The courts are no doubt getting fed up with the banks for this persistant waste of their time!

    Good luck with yours.


  12. #12
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    Default Re: Court Order

    Organic, Have you heard anything back yet????? I have a date for an allocation hearing, However I have no idea what that is? C xx


  13. #13
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    Default Re: Court Order

    I've got a directions hearing on 21st Dec in Cardiff, but I'm not attending as I'll be out of the country. The court told me this was OK. I'm not sure if a directions hearing is the same as an allocations hearing - maybe someone else can help? I think a directions hearing is basically when the court decides how the case should proceed. I'm hoping Barclaysicon will give me my money back really soon!


  14. #14
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    Default Re: Court Order

    Organic, How did things go yesterday??????


  15. #15
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    Default Re: Court Order

    Chesterb
    I doubt very much whether the hearing actually took place. I know Barclaysicon were contacting everyone who was due to have their case considered for direction, looking to settle their claims. I know mine was (I have a full refund plus interesticon and costs) and many other people on this board were paid as well.

    Claiming £865 from Barclays.

    6 years of statements already on file (never threw them out)
    Preliminary letter sent 10/08/06
    £420 Offer received from Laurence White on 30/08/06
    Letter of rejection sent 06/09/06
    LBA sent 21/09/06
    MCOL Submitted 4/10/06
    Acknowledged on 23/10/06 - Barclays have filed a defence 7/11/06
    Case transferred to Cardiff Court and a directions hearing set for 21 December 2006
    Barclays caved in on 18th December and made an offer to settle in full
    Money in my account 2 days later.
    Case closed
    I won
    Follow my thread here

  16. #16
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    Default Re: Court Order

    Excellent news! I have also had my claim settled in full.


  17. #17
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    Default Re: Court Order ** WON **

    well done


  18. #18
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    Default Re: Court Order ** WON **

    WELL DONE!
    My case has now been transferred from Pontypool court to Cardiff Court for proceedings.
    Claire



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