Breaking news for cases stayed in Cardiff

[stadium_arcadium]

I have spoken to the court in Cardiff today, enquiring about my stayed case which was pending on the outcome of a test case in London on the 17th of this month. Apparently they were all settled before the hearing (no surprise there) apart from one (no info available on that)

 

There will be a small claims hearing with the circuit Judge Hickingbottom on the 21st December at 10.30. The Judge will be listing us altogether and we should receive confirmation of this in the post this week!

 

I see light at the end of the tunnel at last!!!!

[mcuth]

That's excellent - hope it's the light at the end of the tunnel indeed

 

I just rang Swindon CC about my 2, in case there was something similar (though they're just pending "a likely test case" - no dates ), but nothing at all. They advised me to write in, so I'm definitely sending my letter from this thread

 

Cheers

 

Michael

[Guest ian cognito]

For info on the case not settled see here http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html?highlight=mercantile

[stadium_arcadium]

Have received this in the post today:

 

Before DISTRICT JUDGE R LL HENDICOTT sitting at Cardiff County Court, Cardiff Civil Justice Centre...

 

Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

1. The stay in this case be lifted.

 

2. Directions will be given in the case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 21st December 2006 at 10:30 am at Cardif Civil Justice Centre..

 

3. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

Dated 30 October 2006

 

Not quite what the clerk told me on the phone, but an official date at last!!

[fariba3]

Hi, i also received the same letter just today! what does it mean? when you say, light at the end of the tunnel, what do you mean? Do you think they'l show up? Do you think we'll all get default judgements? What do we need to do to prepare for it because i willl be away that day but my partner says he will go in my place if need be... Plse keep me posted...

[saabuser]

hi, i got same letter as well but without the stay lifting....... so what written representations need to be sent in.could anyone explain please.......... thanks also to austinpowers for the link

[solidstan1]

Im thinking a payout before christmas, but then again, they may default, which equals payout after christmas???

 

P.S. you dont have to do anything. Submit documents if you want to say your piece, but cant be there..

[stadium_arcadium]

I would think the written representations would go something along the lines of:

 

 

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges

 

In the alternative, a number of cases have recently been transferred to various Mercantile Courts for hearings, and these again have been settled before any hearing. If the Court were to decide that my claim should be similarly transferred to a Mercantile Court, I respectfully request that a Small Claims Costs Order is made and the Defendants be ordered to make standard disclosure.

Quoted from Mcuth's thread here.. (hope you don't mind Mcuth)

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/38582-stays-test-cases-heard.html

I have done alot of searching regarding this info, and hope that someone more knowledgeable can tell me/us if this is the right way to go:)

[mcuth]

Quoted from Mcuth's thread here.. (hope you don't mind Mcuth)

 

Not a problem

 

I would say that something along those lines is required if you want to make a written submission (i.e. if you can't be there in person). I'd also suppose that the written submission is basically the requests you'd make in person (at a directional hearing) but put in writing for the judge to consider in your absence. So whatever you'd argue in person, put on paper (and yes, you would heavily suggest that disclosure be ordered ).

 

My guess is that if you don't turn up and haven't made written submissions, then either the judge will make directions based on his/her own opinion of how the case should proceed - and don't forget that there's some possibility that the bank's solicitor will be there so if you're not there, they have the judge's ear

 

Cheers

 

Michael

[stadium_arcadium]

Ahh yes, silly me read it as if I'd have to submit papers AND attend the hearing:rolleyes: I definately intend to show up, and will take with me what I want to say. I will do more searching when I get time and post up here (and in my own Lloyds thread) what I intend to say.

 

Are there any instances of hearings like this being settled beforehand? I haven't been able to find anything as of yet.

[mcuth]

There are a few that were settled before the CMCs, only Haydn's went to an actual CMC as far as I know - I don't think there's any rhyme or reason to when they'll settle now, as long as it's before an actual hearing

 

Cheers

 

Michael

[Allyxia]

Hi Filed two cases in Aberdare court today.

 

Was informed that both cases will be transferred to Cardiff County Court as there is a test case scheduled for hearing and if my case is not settled on receipt of issuing my case will added to this test case.

 

This came straight from the courts mouth!!!

 

Now reading that above, about the Cardiff Cases, is that there is no test case going ahead in Cardiff, am I correct?

 

Or maybe she was on about another test case in Cardiff pending?

 

Any ideas? anything you guys want me to do (ie chase court????)

[dax]

very interesting and I wonder if the other test case, is a CAG member too. Perhaps you could find out, out of interest. Do keep us all updated wont you..

[stadium_arcadium]

There are a few that were settled before the CMCs, only Haydn's went to an actual CMC as far as I know - I don't think there's any rhyme or reason to when they'll settle now, as long as it's before an actual hearing

 

Cheers

 

Michael

 

So the general concensus is that the banks tend to settle before ANY hearing, regardless of it's reason? If thats the case then I might actually see my money before Xmas!!:grin: Shame it's not before the CAG Welsh Xmas do.......... can't believe I started all this back in May!!

 

Allyxia/Dax.... When I last spoke to CC there was no mention of a test case in Cardiff, though I do remember one being mentioned a month or so back, will have a search.......

 

Ok, the thread I was thinking of was Twinkles..... http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4775&highlight=twinkle

But this was settled in september. It is possible there is another test case, or that the courts are a bit slow in catching up, might be worth ringing CC to see if they have further info like a date and bank. The courts number is 029 20376400 if thats a help

[Allyxia]

I tried to find out when the date was but the clerk didnt know.

 

All she said was my cases (I have two Nationwide and Woolwich - so dont know how far after being issued do they settle or do the push right up until last minute?), would be automatically transferred to Cardiff.

 

She said she was going issue fromm Aberdare Court today then send the paperwork down.

 

I explained that as a litagant in person they should take place in Aberdare,(Cardiff is only 35 miles from me anyway no biggy). But she said all bank charges cases are being transferred becuase of the test case taking place, and its likely that yours will be added to it.

 

And jokingly said - ah they settle before then, and she replied it doesnt matter, thats what I have to do (ie transfer it to Cardiff).

 

Now interstingly, I have another cases pending as well with Merthyr County Court, that was incorrectly sent up to Manchester (nothing to do with test cases - just muppets for clerks). manchester informed me this am its on its way back to Methyr. Im wondering if that will get transferred to Cardiff as well?

 

Hee Hee looks like all these "test" cases are going to be mine then !!!!!!

 

Another day out for Allyxia and the boglins!!

[mcuth]

So the general concensus is that the banks tend to settle before ANY hearing, regardless of it's reason?

 

Not really - sorry, should've made myself clearer, as I really only meant hearings where the actual case would be decided proper (i.e. not CMC/Allocation hearing/Set asides/etc...) - I know what I meant in my own mind So, your case could be settled at any time from issue to sitting in front of the judge!

 

That said, I don't think they like turning up for any hearing/meeting/conference - certainly seems a waste of time & money to me if they send X solicitor on £XXXph to only end up settling later....

 

Cheers

 

Michael

[natwesttookmymoney]

Have any of you guys heard any more about this test case being heard in Cardiff? it wasn't the Lloyds one, which was settled some months ago, was it?

Westy

[Allyxia]

No sorry Nat first Id heard of it was whenI was told all three of my cases are being transferred just waiting for the date now!!!! - thye are not rushing put it that way (i thinkthey wait til thye got a few).

 

Im aslo awarethat someone else has filed a paper with aberdare court and that one has also been transferred, but I dont think they are a cag memeber?

[Allyxia]

OK gona start a new thread here!!

[RichardM]

Lloyd's have agreed to settle a claim that I was running for a neighbour of mine, which was to be one of those heard in Cardiff on December 21st.

 

Hope that the rest of you have similar good news in the near future.

[Allyxia]

One of my cardiff claims was settled on weds but thats till leaves two eh!!!

 

Heard nothing from the court!!!

 

May chase them up next week as I should ave had a court date by now this blooming case has been going on since beginin sept!!

[Guest ian cognito]

Now there's a surprise!

[stadium_arcadium]

Thats great news RichardM and Allyxia! I have heard nothing regarding my claim, but I might ring SC&M this week and see what they say;)

[Allyxia]

Well I m not saying anything for me yet - all Im saying Im aware that some banks are trying to settle prior to the case on 21 dec. Or maybe they are feeling festive and going to give us all a merry christmas!!!

 

Who knows eh - lets just hope we all get our cash!!

[stadium_arcadium]

The banks feeling festive?? hee hee, that's given me the giggles this morn!!