zanna v natwest

[zanna]

please read previous thread!!!!

[Michael Browne]

Since you've only recently sent the AQ back it seems odd you should have a hearing date so soon.

Can you post exactly what the notice says?

[zanna]

TAKE NOTICE that a hearing will take place on

8 February 2007 at 10:00 AM

at ........ county court,.......road,........ surrey (postcode)

when you should attend

20 MINUTES has been allowed for the hearing

Please Note: this case may be released to another judge, possibly at a different court.

 

 

there is no signiture at the end or even saying from the court manager.

sorry for not putting in court details but worried in case bank staff or cobbetts staff may read this and realise i may be weak in court!!!!

which of course i will

[natwesttookmymoney]

It looks like it may be a directions hearing.

 

What does it say at the top of the piece of paper, Zanna?

 

westy

[zanna]

at the very top it says NOTICE OF HEARING

[natwesttookmymoney]

That's odd. Has it come completely out of the blue? Last thing I saw - you'd just sent in your AQ. I presume that was sent in on time(?). Anything else been flying around?

 

W

[Michael Browne]

I'd phone the court to check this is a full hearing. Normally you would be given several weeks notice to produce your court bundle.

[zanna]

yes it has come out of the blue i have had no other correspondence.

i will phone the court tomorrow but what shall i do if it is the court date i am not prepared. i have looked at the court bundle info and dont get it !!would you be able to give me some guidance?

IS 20 mins a normal allocation of time for a hearing

[The cobbett slayer]

20 mins is normal for hearing an uncomplicated application. I can't understand why there is nothing on the notice stating why there is to be a hearing.

 

You need to ring the court and find out what it's all about. If it is to be a final hearing you need to make an application to stay the hearing as you don't have time to prepare fully.

[natwesttookmymoney]

Agreed.

 

W

[The cobbett slayer]

Zanna - I've just been looking back through my own file.

 

Does the notice say "Notice of hearing" or does it say "Notice of hearing an application"

 

I can't see any way that this is a final hearing as 20 minutes is nowhere near long enough. Mine is set with a time estimate of 4 hours.

[zanna]

thanks alot for the info i will ring the court in the morning and let you know what happens

[The cobbett slayer]

Please do Zanna - I don't want you to worry but I would like to know what is going on

[natwesttookmymoney]

Me too.

 

Westy

[zanna]

i rang the court apparantly it is a disposal assessment hearing which means it is how to proceed with the case and that i should go prepared with my documents which i need to put together!!all help gratefully recieved!!

[zanna]

please see last thread anyone who thinks they can help or has been in this position

[zanna]

has anyone else had a disposal assessment hearing i have been given 6 days to prepare myself my court date is this thursday!!! any help would be gratefully recieved

:o

[natwesttookmymoney]

You'll need the basic court bundle, plus your statements, plus relevant correspondence. You'll also need your particulars of claim, spreadsheets, and probably best to take your claim form for reference. You'll need three copies - one for you, one for the defence, and one for the judge.

 

The basic court bundle can be found here

(http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html)

 

Are you expecting small claims or fast track? Are you aware of anything our of the ordinary - have you claimed for an odd interest rate (one that the bank doesn't charge), or anything else that isn't standard?

 

Best wishes

 

Westy

[zanna]

hi westy no nothing out of the ordinary apart from the i week notice!!!!!

im really trying not to be thick but the basic court bundl will consist of all documents from the court the solicitors all correspodence my statements list of charges but when i read the court bundle on the zip file i dont understand it it talks about tyres!!!!!whats it all about please help

thanks zanna

[Michael Browne]

12.4 Disposal hearings

(1) A disposal hearing is a hearing

(a) which will not normally last longer than 30 minutes, and

(b) at which the court will not normally hear oral evidence.

(2) At a disposal hearing the court may ---

(a) decide the amount payable under or in consequence of the relevant order and give judgment for that amount; or

(b) give directions as to the future conduct of the proceedings.

(3) If the claim has been allocated to the small claims track, or the court decides at the disposal hearing to allocate it to that track, the court may treat the disposal hearing as a final hearing in accordance with Part 27.

(4) Rule 32.6 applies to evidence at a disposal hearing unless the court directs otherwise.

(5) Except where the claim has been allocated to the small claims track, the court will not exercise its power under sub-paragraph (2)(a) unless any written evidence on which the claimant relies has been served on the defendant at least 3 days before the disposal hearing.

 

 

I think this is most likely to be, in effect, a Directions Hearing and therefore as well as your court bundles, you need to take this:

Draft directions order

New strategy for Allocation Questionaires

[zanna]

hi michael

thanks that has made that part very clear. However when i sent my aq back to the court i attatched the draft order onto it. please dont tell me that was wrong im sure you advised me on that one!!

or do you mean thats what i should refere to in court?

[fire fox]

Hi Zanna

Read your thread from start to finish and I am at exactly the same stage but I have 10 days to get mine together. I sent the Draft Order too and am busy getting the bundle together. The only bit I am stuck on is "the statement of evidence" From what I have seen you have done everyhting right.

I think what Michael is saying is you need to get the 4 points covered as per your draft order. I will be watching with interest. Be brave.

[zanna]

thanks tony fox, im going to study the draft order again and hope ill be able to survive the court ordeal!!!!

good luck to you too you never know we may still get that all important phone call ive heard about!! not my luck though

ill let you know what happens. if you think of anything else i might need to know please let me know

thanks again

zanna

[fire fox]

there are 4 points on the draft order

1 You have to provide your spreadsheet of charges

2 you have to provide your bank statements

3 Statement of evidence - Im stuck on this one

4 Court bundle - print it out as it is

That is my understanding after spending all day reading around the site!!! Im hopefull someone will say if Ive got it wrong and also advise what point 3 is all about. Ive got square eyes now!!!!

[Michael Browne]

However when i sent my aq back to the court i attatched the draft order onto it. please dont tell me that was wrong im sure you advised me on that one!!

 

That's fine. If you can propose the Draft Order to the judge at least he will know what you're talking about and hopefully he will agree to issuing it.