Me 'V' the Woolwich - Prelilmary Hearing

[ALD179]

Hi all,

I made a claim agains the Woolwich on 21st December 2006 and have just recieved a 'Notice of Allocation to the Small Claims Track (Preliminary hearing), which states ' District Judge Grand has considered the statements of case and allocation quesionnaires filed and allocation questionnaires filed and allocated the claim to the small claims track. Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because: speacial directions are need in this claim to prepear for the final hearing which the judge would prefer to explain to you in person. This preliminary hearing will take place at 14.00 on the 19 April 2007 at Dartford County Court, Court House, Home Gardens, Dartford Kent.

WHAT SHOULD I DO???????????

Many thanks in advance for any help provided.

[Michael Browne]

See here:
GOT A COURT DATE? A guide to the later stages

[ALD179]

Hi Micheal,

Thank you for pointing me in the right direction - could I just ask one other thing? With regard to my special directions, it states that they "....are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person".

I can't find anything like this in the guidance notes and wondered if you could shed any light on what this means and if there are any other preparations which i should make before the court date? Also is this usual and if so do the banks settle before this hearing takes place?

Thanks again for your help.

Regards

Andrea

[Michael Browne]

There's a good chance that they won't turn up and will settle before the preliminary hearing,

But if not, take your schedule, statements and all correspndence.
You could prepare your own Court Bundle to take with you, not that you will actually need to use it, but its useful to have with you. Have a look here:

Basic Court Bundle

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

Leave actually priniting it out until a couple of days before.

You could also take a copy of the Draft Direction Order and propose that to the court:
Draft directions order
New strategy for Allocation Questionaires

[ALD179]

Thanks Michael - just one final question, honest! I have read on the Woolwich Forum threads that a few of the claimant's telephoned the Woolwich when a hearing date had been set and they settled the claim over the phone - do you think this is something I should do at this stage?

[Michael Browne]

You can try, but 8 weeks before a hearing, I can't imagine they'll settle. Look at it from their point of view, what's in it for them to settle now when they can hold onto your money for at least another 2 months

[gunrock]

Originally Posted by ALD179

Hi all,

I made a claim agains the Woolwich on 21st December 2006 and have just recieved a 'Notice of Allocation to the Small Claims Track (Preliminary hearing), which states ' District Judge Grand has considered the statements of case and allocation quesionnaires filed and allocation questionnaires filed and allocated the claim to the small claims track. Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because: speacial directions are need in this claim to prepear for the final hearing which the judge would prefer to explain to you in person. This preliminary hearing will take place at 14.00 on the 19 April 2007 at Dartford County Court, Court House, Home Gardens, Dartford Kent.

WHAT SHOULD I DO???????????

Many thanks in advance for any help provided.

Hey, ALD!

That's funny because my preliminary hearing against Barclays at Dartford County Court, is set for 14:00 on 19 April 2007, too! I guess the Judge thinks that no-one from either side will turn up!

I had to double-take, as I thought that I had posted your original post!

Good luck.

[ALD179]

Hi Gunrock,

That's a coincidence! It seems that the Courts are hearing a lot of these cases at the same time probably because there are now so many! Are you going to attend or are you going to try to get them to pay up before the Court date??

Regards

Andrea

[gunrock]

Not sure yet, it seems so far away right now. I'll guess I'll write.

I can save a day off from work, then!

There's a great example letter around here somewhere. One came up during a search for +preliminary +hearing, which is how I found your post.

What about you?

[Michael Browne]

This one?:
TJC vs LTSB ***WON***

[gunrock]

Originally Posted by Michael Browne

This one?:
TJC vs LTSB ***WON***

Yup, that's the one.

[ALD179]

Hi Sorry for not getting back to you sooner, have been out of the office.

I think i'm gonna give them a call, might as well give it a go. If they don't settle for the full amount then i'll also send a copy of the letter which you posted, thanks for that, I can save a days holiday too!

Regards

Andrea

[ALD179]

Hi Gunrock,

Good news! I telephoned the Woolwich who gave me the number to the legal team dealing with these claims 020 7116 4523. I was put through to a man named Charlie Sparling who is dealing with my case and advised him that I would be writing to the Court etc with directions. Mr Sparling told me not to bother as he would be settling my case and would be contacting me at the end of the month to discuss/agree settlement - result!! Thought you might want to give them a call before you start on your letter.

Good luck.

Andrea

[welshcakes]

Hi Aldi

Good that you got a name and number. Did he say he was going to put this in writing or was it just a verbal agreement? Not wanting to be a cynic however why would he need to contact you at the end of the month to 'discuss' settlement? - either they have decided to settle or they haven't, what's to discuss. I guess I'm just saying keep the reins on your time schedule and I hope you do get the letter dated within the next seven days unconditionally agreeing to full refund of your charges