Advice needed!

[daf1999]

Hi all,

 

Im at this point :

Been offered £1500 by Cobbetts as per many other people after having filed on the money claim site. I wrote a letter back saying i accept as part payment only. They have since written to me again reffering to their offer and saying they had not heard from me and that I had another 7 days to respond.

 

In the meatime I have had the following letter from the county court:

 

"General Form of Judgement or Order

 

Before district judge hendicott sitting at county court.

upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to this 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. directions will be given in this case by the designated civil judge, his honour judge g hickinbottom, on the 21st december 2006.

2. 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."

 

 

Can anyone give me some idea as to what this means and what I should do?? am tempted to write back to cobbetts and accept even though ive already written over a week ago declining!

[natwesttookmymoney]

Hi, Daf

 

Are you in S Wales? I ask because there seem to be quite a few cases being heard on the same day and (I think) before Judge Hickinbottom. Can't remember who at the moment but look for other people in Aberdare, Merthyr, S Wales generally.

[daf1999]

Yes I am.

Do I need to do anything or just hope nat west settle before the date? and do I need to get anything prepared in case it does go to court?? eek!

[Deller]

Its definately worth putting together the court bundle, even if it isn't required.

 

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

[daf1999]

Can anyone tell me whether i need to attend this hearing or not? am getting worried now as im supposed to be going away on holiday that morning! :-|

Should i get in contact with the court??

[Allyxia]

No you do not need to attend the court hearing.

 

Youneed to put together your court bundle though correctly index and referenced. I would leave it tilllast minute to send it and send it recorded delivery say on 13th dec.

 

if you get stuck doing the court bundle send me a pm to attract my attention and I will your on your thread!!

 

Allyxia

[daf1999]

Do i need the court bundle even though its only a directions hearing?

[Deller]

Still a good idea to get your court bundle prepared.

[natwesttookmymoney]

I agree. You never know. And, if you can (and they haven't settled beforehand) check a couple of days before whether Cobbetts will be attending or not.

They can be cheeky so-and-sos sometimes, you know!

Westy

[natwesttookmymoney]

Addition:

Note number 2 of the judge's orders. If you're not going, make sure your written representations are in 7 days before. Allyxia suggests recorded delivery: I'd recommend Special Delivery. It's more expensive but next business day delivery is guaranteed, which it ain't with Recorded.

W

[Deller]

Good point Westy.

[natwesttookmymoney]

Why thank you, yerronner!

[daf1999]

and this is ok for written representation?

Dear Sir/Madam,

 

********* v National Westminster Bank plc

In the Cardiff COUNTY COURT

CLAIM No:*****

Re: Allocation hearing 21st December 2006

 

Pursuant to the order made by District Judge Hendicott on **/**/**, I, the claimant, hereby confirm that despite my best efforts no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective.

 

I apologise to the honourable court for my non-attendance at this hearing, which is solely due to holidays that had already been booked. As such, pursuant to the order made by District Judge Hendicott on **/**/**, I wish to make my written representations as to how this case should proceed, which are below.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as follows, with document exchange taking place 28 days after the issuing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this litigation.

 

1. The claim is allocated to the small claims track.

 

2.The claimant shall by [21 days] file and serve:

 

a) A schedule setting out each charge repayment of which is being sought, showing the date, amount and alleged reason, if any, for that charge;

 

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.

 

d) Decided cases and other legal materials

 

3.The defendant shall by [28 days] file and serve a response to the claimant's schedule, stating in respect of each item claimed:

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty or otherwise not payable and if not, why not;

 

c) If such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

d) Decided cases and other legal materials

 

4. Each party shall file and serve by [28 days] a copy of all documents upon which they wish to rely. Each party shall be entitled to inspect such documents by [28 days].

 

5. The hearing of the case will take place on [date] allowing 2 hours at the Newport county court, 3rd Floor Olympia House, Upper Dock Street, Newport

NP9 1PQ.

 

Yours faithfully,

 

 

 

 

[daf1999]

anyone?

[natwesttookmymoney]

Hi, Daf, quick zip through as my cunning plan to let someone else answer has come to nought!

 

My comments are in red.

 

and this is ok for written representation?

Dear Sir/Madam,

 

********* v National Westminster Bank plc

In the Cardiff COUNTY COURT

CLAIM No:*****

Re: Allocation hearing 21st December 2006

 

Pursuant to the order made by District Judge Hendicott on **/**/**, I, the claimant, hereby confirm that despite my best efforts no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective . Overriding objective of what?

 

I apologise to the honourable court for my non-attendance at this hearing, which is solely due to holidays that had already been booked. As such, pursuant to the order made by District Judge Hendicott on **/**/**, I wish to make my written representations as to how this case should proceed, which are below.

 

If the court is in agreement, the Claimant respectfully requests that directions could be made as follows, with document exchange taking place promptly - why wait 28 days if the court will grant less? How about "promptly and no more than 28 days after the issuing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this matter.

 

1. The claim is allocated to the small claims track.

 

2.The claimant shall at the Court's direction (how about 14 days - you're ready, aren't you?) file and serve:

 

a) A schedule setting out each charge repayment of which is being sought, showing the date, amount and alleged reason, if any, for that charge;

 

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.

 

d) Decided cases and other legal materials

 

3.The defendant shall by [28 days] file and serve a response to the claimant's schedule, stating in respect of each item claimed:

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty or otherwise not payable and if not, why not;

 

c) if the charge is claimed to be a true reflection of the defendant's costs in dealing with the claimant's actions, evidence as to actions taken and the costs thereof;

d) If such charge is alleged to be a realistic pre-estimate of the defendant's loss incurred by the claimant's actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was. Ummmmmm - nice!

 

e) Decided cases and other legal materials

 

4. Each party shall file and serve by [28 days] a copy of all documents upon which they wish to rely. Each party shall be entitled to inspect such documents by [28 days].

 

5. The hearing of the case will take place on [date] allowing 2 hours at the Newport county court, 3rd Floor Olympia House, Upper Dock Street, Newport

NP9 1PQ.

 

Yours faithfully,

 

 

 

 

 

There's something else that bothered me as I read through but I can't bring to mind what it was. It may come to me after I've posted.

 

Best wishes

 

Westy

[natwesttookmymoney]

Change 'exchange of documents' to 'disclosure' in para 3.

[daf1999]

thanks westy, you're a legend

 

the only reason i want 21 days for the file and serve part (and not at the courts directions/14 days) is because im on holiday until the 4th Jan and this wouldnt allow me much time to get a bundle ready for a court case etc

[natwesttookmymoney]

Yeh, that figures!

[daf1999]

Do you think I should send a copy to cobblers too?

[natwesttookmymoney]

Not necessary. The court will do so, if required.

[daf1999]

Just thought the fact that im asking for disclosure might scare them into settling?

[natwesttookmymoney]

Hi, Daf

 

If the judge orders disclosure, you can settle back and wait for the cheque.

It doesn't scare them, as such, but they know the game's up.

Westy

[ataction]

Agreed, as far as the charges go, it now seems they would be hard pushed to defend a penalty charge of £2.50 for a returned DD, and £4.50 for a cheque........ or was it the other way around? They will continue to steer well clear of the courts after that!

[daf1999]

Full Settlement arrived this morning!!! woohooo! what great timing for xmas!

 

 

Thanks to everyone who has given advice on here, you're all an inspiration!!

 

now to get started on my credit cards!!

[Deller]

CONGRATULATIONS

They've certainly been paying out this weekend!!

 

:D