johnnymitch v HSBC

[johnnymitch]

Thanks a lot C&D and Lattie.

 

Lattie, I knew I had some more posts but couldn't find them - now I know where they are - on your thread 'now that you've filed your AQ'....because I posted to thank you for the timely post. It must be my age - duh!

 

I'll keep you posted on that site.

 

Cheers

John:)

[lateralus]

great - put the form you may need on there and here as it's still in copy: The court will tell you how to proceed.

To enter Judgment in Default you will need to file a form from the court, this is known as a "Request for Judgment" Form.

The form you need is an N225, find one here: http://www.hmcourts-service.gov.uk/H...forms_id =465.

 

if it's this form - it's a dawdle - looks like two ticks to me, literally.

[lateralus]

anything new to report?

did you see the later posts on my aq thread - i've done a little housekeeping - seen the nudging letter?

[johnnymitch]

Hi Lattie,

I'm going to check with the court tomorrow to see how this 'automatic judgement' works. Will keep you all posted

 

Thanks for your continued interest

John

[nettyg]

let us know johnnymitch

[johnnymitch]

Right, now I'm confused again!

 

To recap: DG had lodged a defence, but missed the deadline to submit their AQ (3 Mar).

 

Now the court is saying that the file is with the judge who will(sometime this week or maybe Monday!) decide whether to ask for a file or set a hearing date.

 

Does this mean they're giving DG a chance to file, even after missing the date? And how can they set a hearing date if DG have not submitted their AQ?

The court is not even mentioning about completing an N225 asking for judgment - is this because there's a defence lodged even though the deadline for AQ has been missed?

 

Should I send DG an e-mail and tell them it's with the judge as they missed their AQ deadline - maybe kick-start an offer?

 

H-E-E-E-L-L-L-PPPP !!!!!!!!!!! I'm out of my depth again

[lateralus]

yes, quite common to give them extra time. (unfair by my reckoning),

they can and do set court dates without the aq. take a look at post 1 on that thread i wrote

When you have filed your AQ................ (1 2 3 4)

then scroll down and read what crusher wrote - post 58 - that's why i've rewritten part of post 1. just look - so you are aware of all the angles.

it may be time for a "nudging letter"

[johnnymitch]

Thanks again Lattie,

 

You do keep me on the straight and narrow - concentrate my mind!

 

I've written a (gentle nudge) letter to DG

Your comments would be appreciated:

"I am now advised by the court that your Allocation Questionnaire (AQ) has not been submitted by the due date (3rd March 2007). As at 14th March the matter has been passed to the Judge for a decision to be made.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx in settlement. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

I am sure that the courts would approve of our settling this matter without their intervention. Further action can only result in further costs.

I hope to hear from you very soon so that a speedy resolution to this claim might be achieved.

Please find enclosed for ease of reference a further copy of my schedule of charges relating to this claim.

Yours faithfully,

 

Hope this might kick-start something.....8-)

[lateralus]

yes, look at it this way - a year ago - you didn't even know you were going to be trying to get any money back from the bank. then you found out - you attempt to get all the money plus 8% on that money - depending on the amount - i personally would have considered it a big bonus to get the money back and the court fee and maybe some of the 8% (again depending on the size of your claim) - it's still a whole lot better than a poke in the eye with a sharp stick, ain't it!?

 

also, please let me know how they respond to this - as it is a fairly new path you tread. not that negotiating is anything new - just us initiating a deal at this point - let's see how they react.

[johnnymitch]

The plot thickens -

 

Without waiting for DGs AQ the court has now set a date for the hearing (19 April 07).

 

Will this now galvanise DG into making an offer or am I going to have to produce 3 court bundles? (If I do, it's going to cost them for my time and resources!).

 

Of course DG may come back with an offer in reply to my letter to them, so I'll give them a few days to spark on that.

 

If they don't respond - has anyone got any suggestions/advice on my next move - should I write to DG again reminding them that a court date is now a fact ?

 

Thanks in advance

John

[lateralus]

my advice - let's give them a week to see to your letter and then decide.

[johnnymitch]

As usual your logical, calm reply has cooled my fevered brow, Lattie,

Thanks again,

John;)

[johnnymitch]

This is weird , has anyone heard of this?

 

My Notice of Allocation or Listing Hearing states:

"Judge XXX XXX has considered the statements of case and AQs submitted in this claim and has decided that a hearing is necessary."

 

Further down it says "The reason for the hearing is as follows:

 

1. The issues raised cause this claim to be unsuitable for Small Claim Track. The Court is proposing to allocate to Fast Track."

 

(This for a claim of £850!)????

 

It goes on to say:" The hearing will be a telephone hearing. The parties must follow the Practice Direction to CRP23 at paragraph 6. If the parties cannot agree as to who is responsible under the Practice Direction for making arrangements with British Telecom(or other Supplier)arrangements must be made by the Claimant. The Applicant or Claimant must file no later than 4.00 pm on the last working day before the hearing a case summary not exceeding 500 words and draft directions agreed if possible, together with any documents necessary for the hearing but not already on the Court file"

 

I'm completely thrown by this lot - have I been given the wrong notice i.e should this notice be for some other case?

I cannot believe they are intending to treat a case involving £850 as a Fast Track. What is CRP23 para 6? And I already enclosed a Draft direction with my AQ when I submitted it weeks ago.

 

I really need some guidance on this - should I pop into the court and ask if this is my Listing or what?

 

Any advice will be gladly received - thanks in advance - John :confused:

[lateralus]

i would def pop down there to see them - as you say - there is no way it should go into fast track. when is this little telephone hearing supposed to take place? it's either a mistake or something very strange. just go in and ask. and don't forget - dg is going to read your nice letter and you'll have a resolution very, very soon, right? right! but check out the court stuff anyway. is it quite handy for you - if not, just ring them.

[Michael Browne]

CPR 23.6 here:

Practice Direction – Applications - This Practice Direction supplements CPR Part 23

 

and here:

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

 

This is actually good news. The fact that the court is proposing Fast Track for such a small claim will almost certainly mean that the Small claims 'no costs' rule will still apply, but the bank is exposed to Standard Disclosure

[johnnymitch]

Thanks a million Lattie, I was sure this must be a mistake, I haven't heard of anyone else going down that road , especially for a piddling little amount like mine! I'll let you know how I go......

You are ever the optimist, eh? DG will cough up after reading my nice letter. ? You reckon?

[johnnymitch]

Thanks Michael, I can see where you're coming from - but who's going to set up the phone stuff and how can we go down this road when DG haven't even submitted their AQ.

 

You reckon they'd certainly settle now instead of having to give Full Disclosure?

Thanks again

John

 

PS I didn't ask for CRP 23 6.1 so who did?

[Michael Browne]

but who's going to set up the phone stuff

You are, but what I suggest you do is phone DG and ask, since you are a litigant in person, whether they will agree to set this up, since they presumably have more experience etc.

 

and how can we go down this road when DG haven't even submitted their AQ.

They have, otherwise the judghe would not have issued the order

You reckon they'd certainly settle now instead of having to give Full Disclosure?

Yes

 

 

PS I didn't ask for CRP 23 6.1 so who did?

The judge

[johnnymitch]

Thanks again ,Michael - ref:

 

I thought this had to be with the agreement of both parties?

[Michael Browne]

I thought this had to be with the agreement of both parties?

It's not a matter of agreement. The judge has ordered a telephone hearing and these are the Civil Procedure Rules that apply to telephone hearings

[lateralus]

well, jm, if i were talking to myself

first, i'd say don't panic.

next, i'd say get down to the court - just to pick their brains on the forewarned is forearmed theory.

next, i'd watch my mail box for a reply to your letter.

in maybe another week, i'd send that letter in the default judgment link - it's in post 58 of my when you've filed your aq ......thread.

obviously - there are michael and others who know what's going on here - and that in itself should help you keep this all in perspective -

if it's the same date - the 19 april (?), there's a long time before that - and i reckon you'll have spent all you got back by then - in other words - i don't think it will happen - you'll get an offer and the money well before that phone hearing! don't worry about it!

[johnnymitch]

OK Thanks, Michael,

I'll just have to hope they settle - meanwhile I think I'll still ask the court if this is right - it seems ludicrous for such a small amount.

[johnnymitch]

Lattie, if I were talking to somebody else, that's what I'd say, too -in fact I've done just that before now - it's when it hits yourself doubts start to creep in - but I've got you to keep me focussed - the invaluable not-so secret weapon against HSBC

Thank you

John:)

[lateralus]

that's me - and i'll be here if you need me!

[Castlebest]

How do they know its you if its a phone hearing, you could ship in Michael or Bong or someone who would die to have a go at them about disclosure in a legal arena, there are plenty about.

Is there somewhere where I can read up on how this works physically let alone legally.

pete