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I have spoken to the court in Cardiff today, enquiring about my stayed case which was pending on the outcome of a test case in London on the 17th of this month. Apparently they were all settled before the hearing (no surprise there) apart from one (no info available on that)
There will be a small claims hearing with the circuit Judge Hickingbottom on the 21st December at 10.30. The Judge will be listing us altogether and we should receive confirmation of this in the post this week!
That's excellent - hope it's the light at the end of the tunnel indeed
I just rang Swindon CC about my 2, in case there was something similar (though they're just pending "a likely test case" - no dates ), but nothing at all. They advised me to write in, so I'm definitely sending my letter from this thread
Cheers
Michael
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Before DISTRICT JUDGE R LL HENDICOTT sitting at Cardiff county court, Cardiff Civil Justice Centre...
Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it
IT IS ORDERED THAT
1. The stay in this case be lifted.
2. Directions will be given in the case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 21st December 2006 at 10:30 am at Cardif Civil Justice Centre..
3. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.
Dated 30 October 2006
Not quite what the clerk told me on the phone, but an official date at last!!
Hi, i also received the same letter just today! what does it mean? when you say, light at the end of the tunnel, what do you mean? Do you think they'l show up? Do you think we'll all get default judgements? What do we need to do to prepare for it because i willl be away that day but my partner says he will go in my place if need be... Plse keep me posted...
hi, i got same letter as well but without the stay lifting....... so what written representations need to be sent in.could anyone explain please.......... thanks also to austinpowers for the link
I would think the written representations would go something along the lines of:
The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges
In the alternative, a number of cases have recently been transferred to various Mercantile Courts for hearings, and these again have been settled before any hearing. If the Court were to decide that my claim should be similarly transferred to a Mercantile Court, I respectfully request that a Small Claims Costs Order is made and the Defendants be ordered to make standard disclosure.
Quoted from Mcuth's thread here.. (hope you don't mind Mcuth)
Not a problem
I would say that something along those lines is required if you want to make a written submission (i.e. if you can't be there in person). I'd also suppose that the written submission is basically the requests you'd make in person (at a directional hearing) but put in writing for the judge to consider in your absence. So whatever you'd argue in person, put on paper (and yes, you would heavily suggest that disclosure be ordered ).
My guess is that if you don't turn up and haven't made written submissions, then either the judge will make directions based on his/her own opinion of how the case should proceed - and don't forget that there's some possibility that the bank's solicitor will be there so if you're not there, they have the judge's ear
Cheers
Michael
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Ahh yes, silly me read it as if I'd have to submit papers AND attend the hearing I definately intend to show up, and will take with me what I want to say. I will do more searching when I get time and post up here (and in my own Lloyds thread) what I intend to say.
Are there any instances of hearings like this being settled beforehand? I haven't been able to find anything as of yet.
There are a few that were settled before the CMCs, only Haydn's went to an actual CMC as far as I know - I don't think there's any rhyme or reason to when they'll settle now, as long as it's before an actual hearing
Cheers
Michael
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little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Breaking news for cases stayed in Cardiff
Hi Filed two cases in Aberdare court today.
Was informed that both cases will be transferred to Cardiff county court as there is a test case scheduled for hearing and if my case is not settled on receipt of issuing my case will added to this test case.
This came straight from the courts mouth!!!
Now reading that above, about the Cardiff Cases, is that there is no test case going ahead in Cardiff, am I correct?
Or maybe she was on about another test case in Cardiff pending?
Any ideas? anything you guys want me to do (ie chase court????)
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
very interesting and I wonder if the other test case, is a CAG member too. Perhaps you could find out, out of interest. Do keep us all updated wont you..
There are a few that were settled before the CMCs, only Haydn's went to an actual CMC as far as I know - I don't think there's any rhyme or reason to when they'll settle now, as long as it's before an actual hearing
Cheers
Michael
So the general concensus is that the banks tend to settle before ANY hearing, regardless of it's reason? If thats the case then I might actually see my money before Xmas!!:grin: Shame it's not before the CAG Welsh Xmas do.......... can't believe I started all this back in May!!
Allyxia/Dax.... When I last spoke to CC there was no mention of a test case in Cardiff, though I do remember one being mentioned a month or so back, will have a search.......
Ok, the thread I was thinking of was Twinkles..... http://www.consumeractiongroup.co.uk...hlight=twinkle
But this was settled in september. It is possible there is another test case, or that the courts are a bit slow in catching up, might be worth ringing CC to see if they have further info like a date and bank. The courts number is 029 20376400 if thats a help
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Breaking news for cases stayed in Cardiff
I tried to find out when the date was but the clerk didnt know.
All she said was my cases (I have two Nationwide and Woolwich - so dont know how far after being issued do they settle or do the push right up until last minute?), would be automatically transferred to Cardiff.
She said she was going issue fromm Aberdare Court today then send the paperwork down.
I explained that as a litagant in person they should take place in Aberdare,(Cardiff is only 35 miles from me anyway no biggy). But she said all bank charges cases are being transferred becuase of the test case taking place, and its likely that yours will be added to it.
And jokingly said - ah they settle before then, and she replied it doesnt matter, thats what I have to do (ie transfer it to Cardiff).
Now interstingly, I have another cases pending as well with Merthyr county court, that was incorrectly sent up to Manchester (nothing to do with test cases - just muppets for clerks). manchester informed me this am its on its way back to Methyr. Im wondering if that will get transferred to Cardiff as well?
Hee Hee looks like all these "test" cases are going to be mine then !!!!!!
Another day out for Allyxia and the boglins!!
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
So the general concensus is that the banks tend to settle before ANY hearing, regardless of it's reason?
Not really - sorry, should've made myself clearer, as I really only meant hearings where the actual case would be decided proper (i.e. not CMC/Allocation hearing/Set asides/etc...) - I know what I meant in my own mind So, your case could be settled at any time from issue to sitting in front of the judge!
That said, I don't think they like turning up for any hearing/meeting/conference - certainly seems a waste of time & money to me if they send X solicitor on £XXXph to only end up settling later....
Cheers
Michael
Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.
Have any of you guys heard any more about this test case being heard in Cardiff? it wasn't the Lloyds one, which was settled some months ago, was it?
Westy
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Breaking news for cases stayed in Cardiff
No sorry Nat first Id heard of it was whenI was told all three of my cases are being transferred just waiting for the date now!!!! - thye are not rushing put it that way (i thinkthey wait til thye got a few).
Im aslo awarethat someone else has filed a paper with aberdare court and that one has also been transferred, but I dont think they are a CAG memeber?
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
Breaking news for cases stayed in Cardiff
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), but nothing at all. They advised me to write in, so I'm definitely sending my letter from 
Originally Posted by stadium_arcadium
can't believe I started all this back in May!! 
