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12th January 2007, 15:41
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#18 (permalink)
| | Gold Account Customer | Re: HELP!! allocation/case managment confrence hearing? There are notes on this in the general forum about staying and about the doodaa court conference.
This is what I have made of it from those posts:
The DooDaa conference.
this is basically the higher judge taking a bundle of similar cases (so maybe not all the same bank) and trying to force the banks hand into turning up so a judgement can be passed in the courts. Once this is done, and they lose, then the lower judge can re-open all the stayed (suspended I suppose) cases and dismiss the defences.
They would want to do this because it costs them time and money, and as yet a case hasn'y made it to court - imagine their frustration as well! - so they want to push the banks into allowing a test trial to go through. Then other judges (from all over the country) can start to say 'Claimaint wins as the defence has been struck out'. Many judges seem to be of the opinion that the banks are being particularly annoying as they get to the last minute and settle, meaning wasted court time and so I would assume lots of empty voids for them, but also a backlog of cases!
In the DooDaa conference you will have the opportunity to put your views forward, and can lean on past cases, laws and acts as evidence - but neither is allowed a physical witness to attend. It isn't actually a hearing, but a means of trying to decide what would happen at a hearing.
If you have had your court claimed stayed, it is because the judge is wanting to wait on the outcome of the DooDaa conference to basically be informed as to who to find in favour of. An interesting thing that I think Bankfodder mentioned is that in the conference you can ask for the bank/s to submit standard disclosure meaning that the bank would have to explain it's charging system and costs - the thing they do not want to do!
from what I have read, most of the banks will submit before the hearing (knowing what could happen to them!) and so pay out as per a normal hearing date.
I will admit this is my own surmise of the whole doodaa conference and staying issues, so please have a read of them yourselves.
The main thing again is not to worry, if you go, don't rely on statements you don't understand, and be frank and honest about why you believe the charges are wrongful.
I would think you won't have to go - ring the bank and give them a push and a nudge...you never know!
Hope that helps a bit
Peter
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Peter !!!WON!!! |
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12th January 2007, 16:14
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#19 (permalink)
| | Site Team The Consumer Action Group | Re: HELP!! allocation/case managment confrence hearing? First of all there is nothing to be worried about. This is not hearing. It is not a trial. It is merely a meeting to arrange the logistics of the final trial including whether there would be any witnesses if evidence will be taken and of course the judge is curious to know which banks will still be defending the case. Let me say that it is unlikely that any banks will be defending. However you must assume that the bank will be there and that you will have to argue your case when the final hearing occurs. The bank may be represented at the case management conference but it is entirely possible that it will not bother to be there. However you must assume that the bank will be there and it will want to represent its own interests and that it will try to introduce suggestions for the final conduct of the trial. One question that you need to know is whether the court is sitting as a county court or as the mercantile court. I suggest that the court is telephoned or even wr | |