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March Hearing to consider if to stay claim!


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Please help!

 

My daughter is in process of claiming around £900.00 charges back from Abbey and has received General Form of Judgement or Order from her court (Norwich) which has listed a preliminary hearing (5 minutes allowed for hearing) on 29th March 2007 to consider :-

 

" either to stay the claim pending the decision in a test case involving the defendant or to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to mult track for that purpose"

 

I have searched forums but have not come across this particular circumstance. Mostly it appears that recent Judgement forms have stayed claims to Feb or March pending a test case, but none I can find actually that have given a date some three months forward to consider whether to stay the claim pending a test case!

 

The Order does go on to state that:-

 

The defendant, no less than 14 days before the hearing, shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issue in this claim. Alternatively the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

FYI my daughter did when completing AQ request the court to order standard disclosure etc, as per template in AQ library. I dont know if this would have had any bearing on the court order?

 

Any help or comment would be much appreciated.

 

Derek

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