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Thanks seaside lady, I am just getting around to that.

 

However today I've received "Notice of Allocation to the Small Claims Track" (preliminary hearing)

 

"District Judge ***** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

Before the claim is listed for hearng, the judge has ordered that a preliminary hearing should take place because special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person

 

The prelim hearing will take place on 31st may at*******"

 

WHAT DO I DO? I never got an AQ, I haven't got my court bundle, prelim hearing what and why? I'm really panicing, if nowt else I can't get that day off work I know for sure!

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oh dear

 

sorry to hear you may have to go to court.I am not far behind you in the proceedure. Have you seen at the top of the page that you can get a "court buddy" that may be able to help you or maybe you should pm a moderator to help.

 

in the meantime i am "bumping"your questions so I hope someone will come back to you.

 

 

jansus:(

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks seaside lady, I am just getting around to that.

 

However today I've received "Notice of Allocation to the Small Claims Track" (preliminary hearing)

 

"District Judge ***** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

Before the claim is listed for hearng, the judge has ordered that a preliminary hearing should take place because special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person

 

The prelim hearing will take place on 31st may at*******"

 

WHAT DO I DO? I never got an AQ, I haven't got my court bundle, prelim hearing what and why? I'm really panicing, if nowt else I can't get that day off work I know for sure!

 

I gather some judges are setting these preliminary hearings when you don't get an AQ to complete.

 

Have a look at this link, which explains it all and what you need :

 

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

 

Like Janus says, you may need some guidance, so I'd contact a mod. to help you if no-one comes along to assist soon.icon7.gif

 

By the way, have you sent them a "nudge" letter to try to get them to settle before court?

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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have a look under bank forum - general - judge thomas at rhyl court- interesting.

 

how are you - still worried?

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks all I've looked at that link and sent everything I might need to work (I can only print from there) i'm just having trouble locating the statements now (my house is in a state due to having tradesmen in)

 

I'm going to send them a letter Tuesday special delivery by 10am or whatever nudging them, i may say I'll settle for it without the interest.

 

I'm trying not to be worried, I realise that I may need to go to court but its only a prelim thing, I wont be killed in this bit!

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Well the good news is that I located those statements, so am feeling more calm. Am really still worried about if going though, I have managed to get the afternoon off but I don't want to do it alone and there's nobody who coulc come I don't think. I'm also thinking I may have a lot of trouble getting everything printed at work - I might go in fearly and take my own paper or something.

 

This is all a bit crazy - I dont wish for a second that I had accepted their offer but I do wish they would just settle now, I don't know if I can argue anything convincingly.

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Try not to worry ... the bank's are the ones with all the explaining to do! I'm sure the vast majority of us feel the same.

 

With it only being a preliminary hearing, I really can't see you having to say much. Seeing as you didn't have an AQ, the judge will want to know the basics I would think like, whether you intend to have any witnesses, how long you anticipate it lasting, etc., so he can then give you his directions. He'll already know why you're claiming and what it involves.

 

I'm sure you'll be fine and only be in there for a matter of minutes.icon7.gif

 

Good luck and report back on how it goes.

 

x

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A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Thanks MimiJane. I think I just need some reassurance, I can't talk about it to my friends, and my partner (helpful as he is trying to be) thinks I'm in too deep and only bad things will come of it.

 

I assume I just say I won't be having witnesses, but as for timescales, erm, I have no idea! Oh dear, what am I like!

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Thanks MimiJane. I think I just need some reassurance, I can't talk about it to my friends, and my partner (helpful as he is trying to be) thinks I'm in too deep and only bad things will come of it.

 

I assume I just say I won't be having witnesses, but as for timescales, erm, I have no idea! Oh dear, what am I like!

 

In the AQ people are recommended to put 1 hour down (though I doubt it would take that long!). Don't think you'd need any witnesses.

 

With all our local judges treating our claims differently, it must certainly be keeping Wragges on their toes:rolleyes:

 

x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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will be thinking of you - best of luck - i am sure that they will allow for you being inexperienced - I bet it wont be half as bad as you think . have you been contacted or pm a moderator to check exactly what happens?

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I haven't contacted a moderator or anything, I will pm tonight when I get back tonight. I have got one ig worry - If you've read the rest of the calim I was trying to amend it as I hadn't included the interest. Twice they sent the amendment form back to me, and twice it took almost 2 weeks. I only received the second amendment form (with cheques) on the day before I got notice of the prelim hearing. Surely I'm too late now to amend it, so my partics of claim state I'm claiming interest but I'm actually not. I'm worried this is going to get it thrown out :(

Also i was told there has been a second victory by Lloyds TSB which is unnerving. I was hoping A&L might get in contact. I will write a letter today to Wragge & Co offering to settle for the total minus interest plus court cost, and post from work.

Obv with court tomorrow it's too late to avoid it (unless there's a nice cheque on my doorstep when I get in) but it might mean I don't have to go the whole hog.

I rang the court and they said "just bring whatever you think you'll need" (helpful) and said they have never been told to take any £100 fee if the AQ is dispensed with.

Do A&L have to attend the direction hearin or is it just me? What happens if they don't attend it, anything?

Thanks for getting through all that!

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Just to say good luck for tomorrowicon7.gif It would be good if you can contact a mod. later to try to put your mind at rest and let you know what's involved. I'm sure you'll be OK and be sure to report back.icon7.gif

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A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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good luck, let us know how you get on! my claim was transferred to Brighton County Court on 15th May 2007 with a note that allocation questionnaires have been dispensed with so I am just waiting for confirmation of my hearing date.

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Hi Noisy,

 

You and A & L must attend the prelim directions hearing.

 

This is nothing to worry about

 

haven't contacted a moderator or anything, I will pm tonight when I get back tonight. I have got one ig worry - If you've read the rest of the calim I was trying to amend it as I hadn't included the interest. Twice they sent the amendment form back to me, and twice it took almost 2 weeks. I only received the second amendment form (with cheques) on the day before I got notice of the prelim hearing. Surely I'm too late now to amend it, so my partics of claim state I'm claiming interest but I'm actually not. I'm worried this is going to get it thrown out :sad:

 

 

 

This is the sort of thing that will be discussed and a decision will be made as to whether you can amend.

 

Also i was told there has been a second victory by Lloyds TSB which is unnerving. I was hoping A&L might get in contact. I will write a letter today to Wragge & Co offering to settle for the total minus interest plus court cost, and post from work.

 

 

 

If you are going to negotiate its probably best to leave it until after the directions hearing. The Lloyds Victory was nothing to be worried about. Provided you get your T & Cs in you bundle when it comes to it you will be fine.

 

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Thanks again.

 

What happens if A&L don't turn up?

 

I wonder if they set a date so near so it was likely they wouldn't make it?

 

AM home now, no cheque - so it looks like tomorrow will be happening after all

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What happens if A&L don't turn up?
Depends on the judge. There's the possibility that you'll get judgement by default, although he/she may proceed in the defendant's absence. I'm not sure how A&L operate, but some banks don't attend but send letters instead, which the judge would probably allow.

 

AM home now, no cheque - so it looks like tomorrow will be happening after all

As zoot said, its nothing to worry about at all. Nothing can be won or lost at a directions hearing and you won't have to argue your case as such, so there isn't any pressure on you. Small claims court is very informal and you'll find that its nothing more than a small office type room with you, the judge and the other side sat around a large table.

 

Have a read of this thread -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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be thinking of you tomorrow- hope the other replies have been helpful to you.

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Let's hope that they don't turn up and don't bother sending a letter so you get judgement by default and it's all over for you ... fingers (and everything else) tightly crossedicon7.gif

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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