telephone hearing - and beyond

[soldier girl]

Hi everyone - hope you had a good Christmas under all our circumstances:-x

Can anyone help me please - I have tried to find info before posting to no avail. I have an allocation hearing on the 22nd Jan and it is to be a telephone hearing of which I have to (as far as I can make out) arrange. So does anyone know how to go about this?

Also,in setting up the hearing I have to contact a telephone company to arrange a conference call between the bank (Abbey), the Judge and myself by using the Court's preferred suppliers, but I cannot find these detailed on the Court details for these types of hearing

Please help - I am getting quite frazzled with it all and the red wine from Christmas is running out rapidly:D xx

[breadline]

Hi Soldier Girl

Im sure someone will be along soon to give advice, i have heard of this before but not sure of the outcome hopefully my reply will bump your post up.

 

BL:)

 

http://www.google.co.uk/search?q=telephone+allocation+hearing+site:www.consumeractiongroup.co.uk&hl=en&lr=&as_qdr=all&start=30&s

[soldier girl]

Thanks for being there If you do come across anthing let me know x

[e28bigalbexley]

Im pretty sure that you dont have to have one if you dont want one.

It suits the bank they sit in their office and you sit indoors worried sick.

I would'nt have one and im positive you can object to it and that will mean a normal face to face meeting.

 

AL.

 

Happy New Year.

[CrispDust]

It is usually the defendent (as a large mutinational) which is responsible for organising a telephone conference call.

Daft question but have you contacted the Court for information and advice?

[Michael Browne]

Normally telephone hearings can only be held by application with the agreement of both parties, but this sounds as if it's been ordered by the court under the Pilot Scheme for Telephone Hearings.

 

See here:

Practice Direction – Pilot Scheme for Telephone Hearings - This Practice Direction supplements CPR Part 23

and here:

Telephone hearings

and here:

http://www.hmcourts-service.gov.uk/docs/tel_conf_guidelines.pdf

[soldier girl]

Thanks for replies x

 

As it was the court that requested the hearing I don't think that I can say I don't want it - I don't like the idea of talking by phone but haven't a lot of choice.

Not a daft question (if you knew me you would understand ! ) .I will of course contact the court directly but could not do so over the holiday period and so thought the information I needed would be on their own website! I thought I would ask the forum in case anyone else has had to do this.

I had heard that it is sometimes the defendant who arranges this as you have said yourself - just find it hard that Abbey will bother!!

I would be grateful for your advise on the following: given what you have said (and I will find out for myself - I'm not that sad really !!) I was thinking that it would be better if I actually telephoned Abbey (I may record the conversation ) requesting that they made the arrangement -if this turns out to be the way it is done - and ask that they confirm by letter. This way I would be covering myself in the event that they did not arrange it. What do you think?

Many thanks to you all for your time X

[soldier girl]

Oh - just got that info Michael while I was writing the above.

Thankyou XX

[Michael Browne]

From the pdf link above:

 

Arrangements for the Conference Call

In the case of interim applications the responsibility for

the conference call shall be the applicants’ (providing the

applicant is represented).

 

In all other cases responsibility for the conference call shall

normally be with the claimants’ representatives. If the

claimant is unrepresented the first named defendant who

is represented shall be responsible for all arrangements.

The court may on occasions direct another party to be

responsible for making arrangements if it sees fit to do so.

 

From this it looks like Abbey are resposible for arranging the call. I'd double check with the court

[soldier girl]

Thanks Michael. I hope it is the case that Abbey have to arrange it (although I will contact the court directly if not as I still can't find who their preferred phone companys are and I am losing the will to live !! )

 

I can see you are busy with all the help you are giving so my personal thanks to you again - I am now going to go and lie down in a dark room and dream of the day when all of this is a far distant memory, if I could just find my wine glass ..................

 

XXX

[soldier girl]

By the way - has anyone out there actually had a telephone allocation hearing

 

XX

[Glenn UK]

Im pretty certain that karnevil did, it was organised by the defendant i believe, abbey.

 

She attended court and sat round the table with the judge, and abbeys solicitors were on the end of the phone.

 

HTH

 

Glenn

[soldier girl]

Thanks for that I will check out Karne's thread but I was under the impression that the whole point of a telephone conference was that people did not have to physically attend court (otherwise it wouldn't be a telephone hearing!)'

To be honest, I would far prefer to go to the court in person as if I am rubbish on the phone (I can imagine that I will keep saying "um" "er" and "Pardon" alot - divvy old girl that I am )

 

hey ho !!

Joking aside I will be investigating this thoroughly at the beginning of next week when the court is back after the hols and will post any relevent information as I'm sure this type of allocation hearing will soon become more commonplace given the number of cases.

 

speak to you soon and thankyou my friends :grin: XXXXXXXXXXXX

[soldier girl]

Just a quickie to update this with the following information for those who may need it.

I have phoned the court and have been told that it is down to Abbey to arrange the telephone hearing. I have phoned Abbey for further confirmation and requested written confirmation of same.

Will have to see what happens on 22nd Jan. Will update again then.

Many thanks to all

SG xxxx

[Brit]

If they "attend the telephone hearing" and lose is that prelude to a test case ?

[soldier girl]

Hello Brit -Thanks for your input

 

It's not a case of the bank losing at this stage as this is to be an allocation hearing held via a telephone conference call to decide which track to allocate.

ie - The judge has "Considered the statements of case and allocation questionaires submitted in this (my) claim and has decided that a hearing is necessary before a final decision about allocation can be made"

 

The notice received goes on to say "The issues raised make this case unsuitable for the allocation to the Small Claim Track. The court proposes to allocate to the Fast Track. There are issues of law which arise which require presentation"

 

When I returned my Allocation Questionaire I asked that the Court request disclosure from the bank of their charges. I also said that there were matters to be raised which were a matter of fact and not of law, as well as matters of law.

 

Bearing in mind that the sum I am claiming (£1,800 odd) would normally be allocated to the Small Claims court (and that is the court the Bank requested on their Allocation Questionaire) it is good that The Judge has made this request but unlikely it will ever get to court

[Glenn UK]

SG

 

Just a thought, if you were to press for allocation to fast track it would be good for you in a sense since standard disclosure is the norm, and of course this is like garlic to vampires (no offence if Vampiress is reading this).

 

However, on the down side is the potential for costs to be awarded against you should you loose.

 

If you don't press for fast track but the judge awards it you can then ask for an order restricting costs as a litigant in person.

 

I guess what I'm saying is if you feel confident then argue for fast track, if not argue for small claims and hope the judge goes for fast track and awards you an order restricting costs.

 

Just a thought.

 

Glenn

[soldier girl]

I'm with you on that one Glenn - I am a little bit shxxxxg myself but am determined to try for the fast track as I am so very very angry about all of this !!!

Needless to say I will be asking for an order restricting costs as my claim is low. But as disclosure is the norm, as you so rightly point out, it's unlikely to get that far. i will be using the OFT referral to The Competition Commission report as a small part of my bundle.

Thanks again - you're a Star

SG x

[soldier girl]

A quick update - I got a phone call yesterday from Abbey lawyer who started questioning interest etc on my claim. I stopped him in his tracks by asking that he stopped farting about as we both new why he was phoning - it was to make an offer to avoid the telephone hearing etc on Monday. I said I had far better things to do than to go all around the houses and he said "I could do without all this too!"

I told him that as he had caught me on the hop, I did not have the revised figures (my claim updated from the original amount) in frount of me and that he would have to ring me back today as I wanted to finish my tea. He agreed to do that and is ringing me back today or tomorrow, he wanted to give me his number so that I might ring him back to which I refused saying that I was not going to subsidise Abbey any further in anyway as they had enjoyed using my money for far too long as it is !

Will let you know the outcome

SG

[Janet-M]

LMAO good on you you seem to know what you are doing

 

yes keep us posted on this

[soldier girl]

As yet the Guy has not phoned back. I am aware that he may still do so, but in the event that he doesn't (and bearing in mind that the allocation hearing is on Monday 22nd Jan ie- next week ) I would be grateful on what I should do - I am not happy about chasing him up about it as I feel that's up to Abbey.

I just want to have all my bases covered

SG

[soldier girl]

The allocation hearing has been changed to 7th Feb due to 'lack of judicial time'

I have now spoken to James Arrandale and he is going to speak to his collegue as he has (he says) not heard of anyone claiming interest on the charges. I will of course stick to my guns,but find it hard to believe that he would not of come across this before.

Has anyone else dealt with him and what has been his angle on this?

SG

[techtalkonline]

As yet the Guy has not phoned back. I am aware that he may still do so, but in the event that he doesn't (and bearing in mind that the allocation hearing is on Monday 22nd Jan ie- next week ) I would be grateful on what I should do - I am not happy about chasing him up about it as I feel that's up to Abbey.

I just want to have all my bases covered

SG

 

Hi SG,

 

I would do what the banks have been doing for years, i.e. NOTHING! Just let this claim proceed as normal and i am sure they will be back in touch the closer it gets to the hearing. They really will not want to risk the judge sending this to fast track due to the disclosure being demanded!

 

I personally would not contact them again, it might give the impression you are getting scared (as if! ) and give them hope that you will be the first to back down, and that's not going to happen.

[soldier girl]

Thanks for that as you say I will of course just keep going.

 

My question was, however: does anyone think this guy is on the level when he says he's not come across the claim for interest on charges - has he said this to any of you?

Needless to say, my claim will be for the full amount requested regardless of what he says, but I'm trying to establish if he is on the line or this is merely a stalling tactic.

SG

[Glenn UK]

Thanks for that as you say I will of course just keep going.

 

My question was, however: does anyone think this guy is on the level when he says he's not come across the claim for interest on charges - has he said this to any of you?

Needless to say, my claim will be for the full amount requested regardless of what he says, but I'm trying to establish if he is on the line or this is merely a stalling tactic.

SG

 

SG, i think i would have adopted the Macenroe defence in your position 'you can not be serious?'

 

I think hes pulling your leg, if you speak with him again ask him whether he does stand up for fun

 

JMHO

 

Glenn