Neil C vs Natwest - the final stages? *** WON ***

[neilc123]

Hi all,

 

I haven't posted much here but I just want to say thank you to everyone who's contributed to the wealth of information available on this site. Truly brilliant and I couldn't have got this far without it!

 

 

Anyway, I've been going through the small claims process for several months now and have reached the stage where it appears a court date has been set. However, I've done searches for "General Form Of Judgment or Order", which is the letter I've just received from the court, and it appears there's no standard letter that the courts are sending out.

 

"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 26th March etc etc.

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."

 

So, I have a few questions:

 

1 - This is a hearing to see which direction the case will go, right? There won't actually be a ruling?

2 - Shall I prepare my court bundle, just in case?

3 - Shall I send it in to the court and/or Cobblers?

4 - Is there anything else I should do in preparation?

5 - What's the likelihood of me actually having to go? Are NatWest actually settling before these dates?

 

Thank you everyone!

[neilc123]

*Bump*, just in case people are viewing after work.

 

Cheers!

[lee in wales]

hi neil, thanks for pm,

yes its the same letter i received,i am working on your questions as they are the same as mine:)

1 - This is a hearing to see which direction the case will go, right? There won't actually be a ruling? As far as i know YES i think its a case management conference

2 - Shall I prepare my court bundle, just in case? I am just in case

3 - Shall I send it in to the court and/or Cobblers? Not sure, i will get back to you on that one

4 - Is there anything else I should do in preparation? Read other threads and get as much info as poss. http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html its not exact to us but it gives you an idea of what might happen

5 - What's the likelihood of me actually having to go? Are NatWest actually settling before these dates? Not 100% but Natwest seem to be settling before the hearing, but its still worth being prepared just in case

If we keep each other informed of our progress we can help each other out also Brenda/Bruce is due in on the same day to so keep an eye on that thread too.

[neilc123]

Yep, let's stay in touch.

 

See you in court....*

 

 

 

 

 

 

* hopefully not!

 

[muggins73]

Hi all,

 

"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 26th March etc etc.

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."

 

So, I have a few questions:

 

1 - This is a hearing to see which direction the case will go, right? There won't actually be a ruling?

2 - Shall I prepare my court bundle, just in case?

3 - Shall I send it in to the court and/or Cobblers?

4 - Is there anything else I should do in preparation?

5 - What's the likelihood of me actually having to go? Are NatWest actually settling before these dates?

 

Thank you everyone!

 

Hi Neil,

 

In answer to your questions:

 

1. Yep

2. Defo, it's good to be ahead and not need it, then balls it up altogether, right?

3.Yes, and only if you've had a request via the court to forward all necessary 'evidence' you intend to rely on

4. Pray:D

5. The likelihood of having to go to court is still pretty slim, but there is always a slim chance. The fact of the matter is the natwest will have to divulge information relating to how they go about charging us (the customers) and that, my friend, is something they definately do not want to do. Court is a worry, but there is no need to cry over spilt milk, if you get me. Just wait and see how everything pans out. make sure you do everything Mr judge tells you to and you'll be home free:D

 

Hope this helps clarify things.

Good luck.

[neilc123]

Thanks Muggins. Really appreciate your thoughts!

 

[lee in wales]

see below

[lee in wales]

also this might help getting it together

http://www.consumeractiongroup.c o.uk/forum/barclays-bank/29032-help-preparing-court-bundle.html

 

its in the barclays forum but the bundle will be the same

[muggins73]

You'll jsut need to go to the bank templates section, http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

for help on preparing the court bundle.

[neilc123]

Thanks guys. Prepared and printed my court bundle out (in triplicate!) a few weeks ago during a quiet afternoon at work. Thought I may as well get it ready, just in case I needed to be in court at short notice.

 

Thanks for your support!

 

[muggins73]

Good lad, now just sit back and wait I'm afraid.

 

Altogether now...SHOW ME THE MONEY......SHOW ME THE MONEY!!!

[neilc123]

Something's come up and there's a slim possibility that I won't be able to make it to the court date. I probably will be there, but I just want to be fully prepared on the off-chance.

 

Does anybody know what I should do, or if there's any letter I should write to the court and Cobblers to let them know I won't be there?

 

Cheers!

[GaryH]

I've got just the thing! -

Dear Sir/Madam,

 

 

 

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to... (add reason). As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles establised since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendent.

 

Yours faithfully

 

Attach the draft directions and send a copy to Cobbets as well.

 

Also see here - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[neilc123]

Thanks Gary,

 

That;s incredibly useful. Worth sending the court bundle as well?

 

Neil

[GaryH]

No - no bundle required yet. Its highly likely that you'll get settled before the prelim I'd have thought, but if not then the judge will issue directions (hopefully the one's you'll have proposed) at the hearing and then you'll have to submit whats required which will include the court bundle.

[neilc123]

Ah, the sweet, sweet smell of success!

 

It's a win. Thanks everyone. I've got a cheque in my hand. Couldn't have done it without this site.

 

Now where's that "Donate" button?

 

[saint-luco]

many congrats neil, enjoy that dosh

and come and join us in the winners lounge:D :D