Darling 2 takes on the TSB**won**

[darling1]

Do they sometimes pay up before they get to the court for the pelim hearing? Or do they just waste more time. I havn't got the date (obviously) of the full hearing..I am getting seriously fed up with this waiting game, I am wondering if they will ignore this hearing comppletely

[Stan1]

Do they sometimes pay up before they get to the court for the pelim hearing? Or do they just waste more time. I havn't got the date (obviously) of the full hearing..I am getting seriously fed up with this waiting game, I am wondering if they will ignore this hearing comppletely

Yes, they sometimes pay up before the Prelim Hearing. Other times they don't and they show up for it, as it was in my case. Sometimes they don't pay up and they don't show up.

 

Prepare exactly as you would do if you knew 100% they were going to turn up; that way you minimise any chances of you slipping up.

[Pen]

Cough Cough, can I just say that seeings my hearing is the last I hope you all get the train down to come with me, no excuses excepted

 

Pen x

[darling1]

Yes Ill be there Pen - will Pm you shortly and just nipping over to your thread

[Pen]

Hi Sue,

 

have they made you a offer yet?

 

Pen

[maxine989]

it's a horrible waiting game isn't it!!! It's been in the papers and on the telly so much just recently... you'd think they'd pay up sooner to save time and money.

[darling1]

Never, they love to make us suffer, they must love all the bad publicity!

[Pen]

as soon as you get a sniff of the green stuff, shout load and clear.

 

It's not green anymore is it?

 

How about you Max, any news on yours yet. opps sorry Sue I should have popped over to maxines and asked her there not on your thread

[darling1]

fine - go ahead! Pen....been followeing your thread - sounding promising

[Pen]

Hi Sue,

Just out of intrest did you have to send all these: to the courts because of the draft order we submitted with the AQ ? I just read it on a new thread called now that you have sent of your AQ or something like that. as you no I am following your thread for 2 reasons, ok 3. these being that you are just a head of me with your case and the advice you are given saves me time and other members time posting the same information, but I cannot remember reading that you have had to submit these:

 

Also on the COURT side of things:

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have 14 days (the date will be on the paperwork) to send in four things.

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy):

I thought if he has excepted the draft order then we would need to send all this stuff in but if you haven't then does that mean the draft order has not been excepted. But! you have a court date so I asume he must have.

How long after the banks filing their AQ did you have to wait bto getting a date for the hearing.

Pen X

[darling1]

Hi Pen

The judge has not accepted the draft order.I have to go to a prelim hearing . an allocation hearing, as I have asked for small claims and the amount is about £11000,

I am not entirely sure what this entails but I am in touch with GaryH who is going to advise and help me nearer the time (april 13th) . I havn't been instructed to bring anything with me, but obviously I will have to take my argument on all this with me... LLoyds do actually sometimes turn up to this, so I have read on this site, as you can see claiming over £5000 is a diferent ball game, but luckily for you you have got court experience, I only have my bad experience (see early threads) from last year to go by, I was confident, the claimant was really badly prepared and had nothing to say, and we still lost!!!!! I was badly prepared..I took advise from the C.A.B. unfortunately it was not at all helpful. I should have taken advise on the C.A.G. instead, but I didn't know about them then.

Sue x

[Pen]

Did you get a copy of their AQ?. yes I have had lots of experien with courts in the past but don't forget I had a huge ,huge organisation backing me up and there was never I chance that I would lose. apart from it being in a court house it is no where near on the the same lines. What you needed in that case was ME!!!! a bit late now though. It would be great to turn the clocks back,

 

Pen

[darling1]

Turning the clocks back would be good Pen .

 

no I havn't has a copy of their AQ. from what you said above is there any point trying to get one? the allocation hasn't been set yet,, will they have done one yet?

[Pen]

Yes, Like I said they sent theirs to the court on the 26th Febuary. I am sure they would be quick to ask use for a copy. Did you send them a copy of yours I did.

Pen

[darling1]

yes i did send them a copy , I sent it to [problem] and to LTSB andover aswellas they gave both addresses in their court papers, they cant say they didn't get it then!

by the way did you see the news (maybe it is only on the local....But that address in charlton place Andover are ahving a major incident at the moment ..a suspicious package has been found, and all the huge amount of staff have been told to stay in the building !and not to evacuate!! Surley they arn't hoping to blow them all up in one go? :o ...they can't do that yet, they havn't finished with my claim yet must be one very very unhappy customer...they should come on this site and do it the legal...but admittedley tedious way

 

Sue

[MSBANANA]

ha ha darling!! that's a very funny comment...

[Pen]

Hi Sue, sorry I can not find where you have mentioned who pays the AQ fee back to you, have you mentioned it in one of your other threads? maybe my brain is not in gear yet, I notice you have your pre lim hearing soon don't you, are you ok with that

Pen x

[darling1]

No not ready at all Pen, GaryH is going to help me nearer the time, I thought I would not bug him for another week! He seems to be doing great work for you, I am following your thread with interest, Sue x

[GaryH]

Hows it going then Darling1, any news yet? We should probably start to think about preparing for your preliminary hearing about now. When is it again? I know its April the something or other.

 

Anyway, have a read of the first section of this for starters - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html. This will give you an idea and tell you what you will need. The statement of evidence can be modified if necessary to act as your skeleton arguement. Have a look at that, then come back and ask any questions and we can go through it in more detail.

 

Which court is it by the way?

[GaryH]

Wow, that was co-incidence!! Crossed posts then! We can make a start this week if you like - I've got the week off work (yay!!!!)

[Pen]

what did I say Sue, when you think no one is looking "Up he pops" O/h not go any palns for you Gary?

 

I feel like I have done a days work already doing nothing, so back to bed for me( where's my smiley face when i need it) ha ha will have to do

 

Pen X

[darling1]

Thanks for the post GaryH, What a coincidence! Yes my husbands (that really means me) date is for the 13th April at 10.30 in the Salisbury Crown Court............... reason for the case is stated on the "Notice of Allocation or Listing Hearing" is as follows: QUESTION ABOUT TRACK, SETTLEMENT AND SKELETON ARGUMENTS.

I am off to bed now, but I am able to read the above link in the morning, more importantly from now on My Husband will be reading all the info and all the advise that he can to get up to speed, before the big day....He is just about to look in his account online and see if they have put the dosh in yet...ever the optomist!!

[darling1]

Hi there GaryH, I have looked at the sugested links and have read through them, best I can, but I willjhave to tweek them somewhat as I am claiming a large sum in the small claims track, please could you give me a hand with the infoI will need for the 13th April? Shall I PM you the name of my Judge? or is this not allowed? As I was wondering is this in the same circuit as your judge (Wiltshire) - but from the experience I have had in the past I think that Salisbury may be in a different "area" covering Portsmouth, Southampton etc...One thing I am glad of, is that this is a different Judge to the one I had with my Playgroup fees fiasco!

Will wait with interest...Darling1

[GaryH]

Hiya.

 

You will need -

 

- draft order for directions to propose to the judge.

- reasons why they should be ordered. You should point out the fact that they are routinely ordered by the Mercentile court in London in all bank charges cases. In the event that the judge rejects your request for those directions, then request standard disclosure.

- statement of evidence. You can re-title this and present it to the judge as your as your 'skeleton argument'. Its more detailed than what you need really, but better to have too much than not enough;). Have a good read of it, practise the logic of your arguements and make sure you have a reasonable understanding of the issues.

 

Remember though, that its not the final hearing. Nothing can be 'won' or 'lost', so there isn't any pressure on you. All that will happen is that the judge will make decisions on how the claim will proceed. By the looks of it he will also try to facilitate a settlement.

 

Am I right in saying that this is just a reletively straightforward charges + 8% claim? There are no issues of pre 6 year charges or default removal, etc. are there? If not then I should strongly suspect that they will settle beforehand.

 

Here's some reading for you -

Attending a court hearing

[darling1]

yes GaryH this is quite a straight forward claim. 6 years of charges and at 8% only, they have paid me £750.00 already, but I made the court aware fo that when it happened.

Obviously, it is the track that is the issue.

Do you mean you think they will settle before the 13th April? or do you mean before the main court date...obviously I am not hanging may hat on that , so to speak, just interest in you opinion!

darling1

ps. I shall get my OH and myself settled in for some serious reading tonight! - it is hard though as he has no confidence that we will win, he thinks this is a waste of time...even with my win from Halifax in December...