Sally Pooley v Woolwich

[pt2537]

Hi sally

 

with regards to CPR 28 check out here PART 28 - THE FAST TRACK

 

this give you civil proceedure rules part 28

 

and form pf52 go here

http://www.hmcourts-service.gov.uk/courtfinder/forms/pf52_0800.pdf

 

this takes you to the courts service forms section

 

regards

paul

[Sally Pooley]

Thanks Paul, once i've read this will it help with the draft directions

Sally

[pt2537]

hi sally,

 

just out of curiosity are you asking to be allocated to the fast track ? its just that the info i provided you with is to do with the fast track. however although your claim is over the five thousand pound limit for small claims track you can still ask for it to be allocated to the small claims track see http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

the thing is that with the small claims track if you lose you cannot be held liable for the other sides cost however im not so sure this is the case with the fast or multi track

 

i hope this helps you a little

 

paul

[Janet-M]

5 threads merged

can you please keep to the one thread for each claim .This is for your own benefit as you will get much more informed advice if people can see at a glance all what you have done so far

Thanks

[Sally Pooley]

Thanks Paul,

 

Think i'll go the small claims way and let the court decide. So if i go this way, do i just send in a draft direction similar to the one in Aq a guide to completion?. The only other thing confusing me is do i send in the section G/H -other information mention in the AQ NEW STRTEGY.

[Sally Pooley]

Has anyone got to this stage (Qa ) with the Woolwich and won without going to court? I keep hearing that i won't get as far as court, but there is always a first, think i just feel a bit out of my depth at the moment, I've had a quick look at the court bundle and now i feel sick, with so much to take in.

[Sally Pooley]

Hi Sorry to be a pain, i'm now convinced i've done something wrong, or at least that's the way i feel. Can someone please tell me, do i send a copy of my Qa and attached documents to the woolwich as well.

Thanks Sally

[Sally Pooley]

Can someone please advise, do i send a copy of my Qa and attachments to the woolwich.

Thanks S

[Michael Browne]

It's not a rquirement but most people do as a courtesy. Good idea to keep a copy yourself.

[Sally Pooley]

Hi, just an update, i hand delivered by Qa to my local court on Friday, it is due tomorrow, as of Close of play on friday the woolwich had not submitted theirs :) but that means nothing i know, when i asked the court what would happen if a reply was not received from them i was told that the judge on Wednesday would issue an urgent reminder to the woolwich which would give them a few more days to submit:eek: if they dt make the deadline, why should they get more time.........

I hve printed of the court bundle to give me time to get everything together incase it gets a hearing, which really looks likely, and i must say that that is really scaring me, :???:

Sally

[Sally Pooley]

Just a quick update and question, my Qa had to be in court yesterday, have phoned them this morning and the Woolwich have not sent their one in the nice lady told me that its now with the judge and that they will be in touch, i know that the woolwich will be given about another week to reply, :sad: but with everything crossed i'm hoping they dont.

My question is should i phone the woolwich or just leave it, i have already sent them a copy of my Qa by recorded delivery....

thanks for any input you can give

Sally

[poppy11]

If I was you I would now stick to keeping everything in writing until you have a court date, the Woolwich / Barclays are trying to settle offers according to court dates etc. At that point it will be worth giving them a ring.

If it is to see if they got your AQ then as it is only a matter of courtesy and not everyone copies the bank in it wont really cause any damage to your claim if they have not got it.

Anything after directions or court dates are issued pay the extra and in the very least send them recorded signed for (68p on top of postage cost) or special delivery (prices start at £4.90 odd)

 

and good luck with your case its just a waiting game now

[Sally Pooley]

thanks, i did send a copy of the Qa recorded delivery to the Woolwich/Barclays so will just leave it now and wait for the next step.

[Sally Pooley]

Can anyone advise please, my Qa was due on 27th March, phoned the 28th and the Woolwich had not submitted theirs. I was told they would get more time and i would be written to by the court, as of yet i have not heard anything, i dont know how much longer the Woolwich was allowed, do you think it will be ok to give the court a call tomorrow to find out what is going on, or should i just wait. Is this the norm? :? :?

[Thailand]

Call the court if you want hun, there's never any harm in that. I think they'll enter thiers soon.. its just they are soooo busy:rolleyes: .

 

Fact is you'll win, but Barclays do like to abuse the process and stretch out your claim as long as possible...

 

Its pathetic and futile I know.

 

JMHO x

[Thailand]

Also, when you get your court date - they may well prove my delaying theory wrong, and settle. (When they know your serious and know they are going to lose)

[Sally Pooley]

Thanks Thailand, think i'll give the court a call tomorrow, will let you know..... everyone keeps saying that Barclays/Woolwich are settleing about 2 weeks before court date. Will wait and see

Sally

[Sally Pooley]

Well phoned the court today, a week after the Qa was due, it has still not been returned by the woolwich, and my file is still with the Judge, the nice lady from the court advised that once its returned my case will be transfered to Southend as Basildon do not deal with bank charges, and that they were inundated with these claims at the moment, but she did not think i would hear anything for about another couple of weeks, is this the right sort of timescale.

[Sally Pooley]

Hi, Can anyone tell me if this is right, my Qa was due 27th MARCH,

[Sally Pooley]

Sorry pressed the wrong button!!!!!!!!!!!! i'll start again, my Qa was due 27th March as of today, and i have just spoken to the court again the Woolwich have still not submitted their's, but the court have informed me that the judge will still give them at least another week. Why, it's already 2 weeks late how long do they get?????? and how do they get away with it

[marley2009]

aww hun thats terrible, can u not file judgement against them, or ask to speak to the judge who is dealing with the case, i dont know how it all works hun, my bank has until midnite tomorrow to acknowledge my claim or im filing judgement against them, but knowing my luck they will do it tomorrow before they close for business

 

good luck hun and i hope someone can answer ur question for u

 

amandax

[sharkie]

I wouldn't be in such a hurry to file judgement, have you sent them a polite email.

 

Have a read of this on the HSBC side,

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed-2.html

 

Any help give us a shout.

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

[Sally Pooley]

Hi Sharkie, thanks for that, i have read through the thread, i must amit i hadn't thought about filing a judgement yet, as it in hand with the court, who i have been speaking to, also i have not been in touch with the Litigation Dept of the Woolwich/Barclays to give them a gentle nudge into filing their Qa. Do you think i should?

[marley2009]

it cant hurt hun and u never know they may want to settle

 

amandax

[sharkie]

Yes

I suggest a polite email with just basic information stating you have filed your AQ and for information your claim currently stands at

 

Claim No. #####

 

Charges = ######

S.69 Interest = ####

Court Costs = #####

 

Total = #######

 

and leave them all your contact details.