natwest - shakespear putsman - court date -so stressed.

[stuck03]

Hi all,

What should i take with me to the directions hearing. Is there anything i need to prepare?

Thanks a

[citizenB]

It looks like gezwee has been advising you on this.

 

A directions hearing is simply a meeting in order for everyone to get their act together. The Judge will decide what matters can be agreed prior to a hearing in order to save time. If there is any paperwork/information required in order to make things go smoothly and there will be a time table decided for exchange of witness statements and other documents, I imagine.

 

When is hte hearing ?

[stuck03]

may 14th!

[citizenB]

may 14th!

 

 

Just make sure you have all the information you are going to require, in a file.

 

I would suggest you make yourself a check list of all the things you want to ask at the hearing. If there are still documents outstanding from CPR requests that you require, or a statement of account, then you should let the Judge know that you are still waiting for information.

 

I will have a think of anything else you might need.. but I am sure that gezwee will have looked in on you before then

[asokn]

The ultimate aim of the hearing is to produce an order with a timetable setting out what both parties need to do and by when in order for the trial to be effective. Therefore, have a think about what documents you need, what documents you need to give them, when you can do this by, whether you have any dates when you are not available or will be unable to attend to the case, how many witnesses you will need etc

[stuck03]

Ok, i dont really have a lot, only what i took last time which is mainly letters from sols and a couple of loan statments.

Let me double check, when you say trial....is that still the same as last time...ie me sol and judge in room? It just sounds so very public!

[asokn]

If your case is allocated to the SCT tgen the final hearing will be in chambers with you, the judge and the other side (small claims final hearings are technically public but no one ever wants to go and watch one).

 

If your case is allocated to the FT the trial will be in open court with the judge, you, the usher and the other side. The hearing will be more formal; you will stand to make submissions, the lawyers will usually be robed etc, and it will be a larger public court room.

[stuck03]

Sorry but what is sct and ft??

[asokn]

SCT= Small claims track.

FT= Fast track.

[stuck03]

Hi, is there anything i can do just to enable this whole mess to be sorted out tomorrow!!!!

[citizenB]

Hi, is there anything i can do just to enable this whole mess to be sorted out tomorrow!!!!

 

Not quite sure what you are asking?

 

You have all your paperwork and arguments to hand, yes ?

 

Is this a hearing proper, or a directions hearing ?

[stuck03]

Hi its a directions hearing.......i have no official paperwork as not even sure what im meant have. I never originally received any paperwork from the court and agreed to a consent order over the phone with the sols.

I got asked to go to court last year as i had broken my consent due to a drop in our income. There was a problem with the consent as it had the wrong claimants name on. The case got put on hold until the paperwork was put correct.

I had a copy of the same consent with claimants name crossed out and the correct claimant put in and this was signed by the court.

Then i receive a letter telling me to go to court tomorrow for a directions hearing.

I honestly havent got a clue whats going on and if there is anything i need to take with me.......complete nightmare. I just wanted it sorted once and for all. I am prepared to pay the debt at an amount i can afford but from what i can make out they just want a ccj so they can go straight for a charging order on my house!!! This is what i desperatly want to avoid as its me, my partner and my 2 kids in our house. The worry is making me sick to the bones!!!

Thanks x

[citizenB]

I will try and find someone who might be able to advise..

[AndyOrch]

Hi Stuck

 

Simply attend the Directions hearing, it is what it states on the tin , for the DJ to talk to both parties and agree further directions for the claim to proceed.

There is little preparation for you as the defendant unless something you wish to raise may be of benefit to your defence of the matter.

 

From what I glean from the posts you have made I would quickly run through CPR 19 (addition and substitution of parties) to make sure they have complied with the correct procedure,and verified by the Court.

 

Part 19 - Addition and Substitution of Parties

 

Regards

 

Andy

[stuck03]

Thankyou.....i have spent all evening going through everything i have. I am driving myself potty. I have decided to pour a glass of wine and just turn up tomorrow with an offer of payment and see if they will accept it so this whole mess can be sorted once and for all.....if they dont then i will be back. I really appreciate everybodys kind help xx

[citizenB]

Best of luck for tomorrow,

[stuck03]

Ok i went and all ok. The sol said to the judge that if he granted an installment order then he was also applying for a charging order. The judge asked what we wanted to happen. i explained i was in a position to offer the amount from our original consent order and that i just wanted to sort the whole mess out and get it paid off. The judge granted an installment order to the amount i offered with no mention of a charging order. The sol then gave a massive list of costs including his attendece for today totalling an extra £200. i explained that if the sol hadnt made an error on the paperwork in the first place then we wouldnt have been at court today, The judge agreed and wouldnt allow his costs(secret smile on my face at sol).

Thanks again for all your help guys x

[Gallahad]

Great result Stuck well done

G

[citizenB]

Oh well done you. I am so pleased that this has now been sorted out. And.. no costs awarded against you. So doubly well done.

[stuck03]

Hi,

Sad to be back here asking for advice again. Had a rough time recently and loss of job meant we haven't been able to keep up with ccj. Had a letter today to say that we are in court again in June as sol applying for a charging order against our property.....dioes this mean they are going to force us to sell it. Its my partners debt and I will happily help pay but cannot afford much. I have 2 children and need to know what I should be doing x any help please x

[citizenB]

If the property is in joint names then the claimant can only obtain a restriction against the "debtors" share of the equity. It is highly unlikely you would be forced to sell if you have small children.

 

Did you inform the court and claimant that you had hit a financial hiccup and ask to have the installment varied for a period of time. ?

 

How much is outstanding on the judgment debt ?

[stuck03]

I have done nothing....totally stupid. I have been hiding behind closed curtains wishing it away....

Reading this that came today. They went to court on the 8th april (I didn't know about this)....amount now owing £9217 including costs and interest.

original ccj was 11184. £5720 have fallen due and 2522 remains unpaid.

two letters one to my partner and another to me as having an interest in property.

we have mortgage arrears ans currently using spare cash to pay them off at 90 a month and not got a chance of paying the original £260 a month off this debt.

I want to get it sorted and paid but it needs to be affordable.. Thankyou

[stuck03]

I also have a letter from the land registery to reply to by the 19th which says I shoul consent or decline to the application to put a restriction against the land!!

[citizenB]

If this were me then I would decline the application. I will however flag your thread for further assistance from others on the site team.

[stuck03]

Thankyou x I will wait patiently x