yozzawood VS HSBC ###won###

[lateralus]

there are some options in post one of both my aq threads:When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

 

yes, i'd send another nudge and another breakdown

[Anne26]

Hi Oi

 

My case has also been transferred to Nottingham County Court. It was transferred on 02/05/07, when I called the courts they told me that it was passed to the judge on the 9th but nothing has yet been done due to their backlog.

 

I called again yesterday and was told that I should hear something in the next 2 weeks. Let me know when you get a court date coz you're a couple of weeks ahead of me.

 

By the way, the bank are still charging me too, boooo. I called them to see if they would take off the charges but they were having none of it.

[freakyleaky]

Don't take no for an answer!!!

Tell them you are in the process of claiming and you will do it again if they keep charging you.

[Anne26]

They told me that I would need to write to them

[freakyleaky]

Yes write to them ASWELL! Have no mercy and don't let them bully you! It's your money and you want it back!

[Anne26]

i'll call them again then, thanks for the encouragement

[freakyleaky]

Let me know what they say!!!

[lateralus]

just a thought - but nettyg did a few dozen e-mails to one heidi daniels and got hers returned.

[oi-giz-it-back]

WooHoo!!!!!! today (24th may) i recieved a Notice of Allocation to the small claims Track (hearing) On the 1st aug 2007 Something to chew on at last!!! I wont ask any Q's just yet. Im sure the ones i have have been anserwed already.

[lateralus]

ok, sometimes when they allocate a track - they also want you to pay the allocation fee - (if claim is over 1500) and sometimes they don't - they don't seem to let you know so if your claim is over 1500 - you'd be well advised to ring the court when they open again and ask if an allocation fee will be charged. just to be on the safe side. do it this week.

[pinkduchess]

hi oi

 

glad you've heard something at last

[Castlebest]

Hiya Oi, just have a quiet read of the court notification, have you got any Judges Directions?

 

pete

[oi-giz-it-back]

Ok folks iv been reading quite a bit today, My neck is killing iv been sat here for so long. Im not really any the wiser tho, Its all getting a bit confussing. I keep reading though threads and keep finding ones that needed to file and AQ. I dont. If someone could point me in the direction of threads that have had AQ despenced with that would help.

 

One thing i need to do is phone the court and ask if i need to pay for the allocation.

 

Ok heres my letter, if somone could shead a little light on it and point me in the right direction

 

Notice of allocation to the small claims track

(Is this the same as a pre trial review?)

 

District judge joe bloggs has considered the statements of case and allocation questionanaires filed and allocated the claim to the small claims track

(I understand this and why i didnt need to fill an aq out and that i need to phone up and ask if i need to pay a fee, right?)

 

The hearing of the claim will take place at 10:00 on the 1 august at notts C/C blah blah. and should take no longer than 30 minutes

(understand that no problem)

 

The court must be informed immediatley if the case is settled by agreement before the hearing date

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing

(ok is this the whole lot? basic court bundle, soc, copies of all statments? 3 copies, one for the court one for me and one for DG. Do i hand in all 3 to the court or just one then send DG one and keep one my self?)

 

Each party must include in the documents filed and served written statements of his or her own evidence and that of any witnesses.

(This is all in the court bundle, right?)

 

The court may decide not to take into account a document or the evidence of a party or witness if these directions have not been complied with.

 

The original documents shall be brought to the hearing.

( i know this sounds really thick but do i keep this as my copy or is this the judges copy?)

 

I know iv asked lots of questions and that you'v already ansered else where but any help really would be appeciated.

[Michael Browne]

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing

(ok is this the whole lot? basic court bundle, soc, copies of all statments? 3 copies, one for the court one for me and one for DG. Do i hand in all 3 to the court or just one then send DG one and keep one my self?)

 

Yes

 

Each party must include in the documents filed and served written statements of his or her own evidence and that of any witnesses.

(This is all in the court bundle, right?)

See here for example Witness Statement:

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

The original documents shall be brought to the hearing.

( i know this sounds really thick but do i keep this as my copy or is this the judges copy?)

You keep the originals as your copy. The court and defendant are sent the photocopy bundles

[lateralus]

way too early to w orry about it - it's due 2 weeks before the hearing - so put a big, big circle on the calendar for about 5 july - that give you about 2 weeks to put your bundle together - freaky said it took him all day yesterday to do his - so - that's about how long it takes one whole day of copying and sorting it out.

personally i'd leave it and concentrate on nudging dg and hoping they will settle before then - the link for you to look at is in my signature - new- after 28 days....... post 1 especially has what you need.

at the end of post 1 is the four items you need for the court bundle (1 and 2 are easy - 3 is a little longer and 4 is really long - lots of copying).

 

 

 

now, i might have already told you this - but just because you didn't do an aq - you still might owe an allocation fee - some local courts are still asking you to pay when you've been allocated a track - and you have

 

so, just ring the local court - tell them you've had a notice of allocation and were wondering if the allocation fee is payable in your case - some will say yes, some will say no - if no, fine (although i'd jot down their name) and if they say yes, - then you pay it and add it to your claim - another reason to write again to dg.

[oi-giz-it-back]

Thanks for your replys. I sent DG a second nudge on friday. before i had my notice of allocation. Will phone court tomoz and ask if i need to pay. How would i pay check?

 

I konw iv got loads of time befor i even need to think about court bundles but i just like to know early what i need to do.

Not being prepaired is prepairing fail as we used to say in cub scouts. Im slowly getting the jist of it altho im still a bt confussed. It all one bigg learning curve for me. Any way thanks for all your help!!!!

[freakyleaky]

As far as what you need for the bundle, don't worry yet. The only thing I will say is to make sure you keep a record of everything you send or receive relating to your claim. As long as you have all correspondence and statements, the rest is easy peasy! Just ask nearer the time and you will get loads of help.

In the meantime, send dg another nudge as you have had notice of allocation since the last one!

[oi-giz-it-back]

Yep iv got everything like that! Phoned the court this morning but no answer. Im thinking they get an extra day off for bank hol. (in the wrong job i am!)

[oi-giz-it-back]

Hi all. im about t send another nudge letter. Is there a template for a letter now that i have a hearing date or do i just send the same one?

[freakyleaky]

I just sent the 3rd nudge and reworded it to include thefact that I now have a court date!

You know where they are, in lats aq threads!

[freakyleaky]

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[oi-giz-it-back]

Just a quick Q. Im over in LTSB. Been there a couple of days whilst the clock is ticking this side. Im fighting them as well for my brother. Basically im putting together his court bundles. Had a general form of judgment or order from the court. They havent set a court date but given me 28 days to comply. Then from that 21 days for them to disclose. (Which i think we all know aint gonna happen!) Im asking a Q here coz i know you lot are quick to answer. Im sorting his bundles out. Got them all printed off. Should i include copys of correspondence ie notice of issue, Notice of acknowledgment, general form of judgment ect in the bundles to [problem] and the court??

thanks x

[lateralus]

a bundle is a bunde - yes, my motto for bundles is - when in doubt - include it. hope my thread court bundles for dummies has been some help.

don't forget to get going on yours pretty soon.

my new thinking (although it hasn't been proved yet) is if the bundle is due to the court on one date - send it about a week early to dg - they have a nasty little habit of sending an offer about 3 days before the hearing - and it leaves you in a funny position - i'm thinking they offer when they see a bundle so send it earlier than the court one. that's here - don't know what's doing with lloyds. i'm sure you are on top of it.

[Castlebest]

IF your case went to court the judge would use the information in your bundle, (and in theory, that alone) to make a judgement on your claim.

 

Because you are a litigant in person (member of the public not a legal professional) he will probably give you a little leeway to say hang on I have that here when you are in court but it wouldnt be wise to rely on this.

 

So the motto for bundles is if in doubt include it.

 

pete

[oi-giz-it-back]

Well i did include it. I was up till the very small hours saturday morning printing and printing and printing. It went on and on. Wanted to get it done because my brother was going on holiday at dinner and i wanted him to sign stuff. Just had he'd signed the last statement Postman pat came with a full offer!!! Nice one Pat!!!! Neadless to say he went on holiday with one hell of a grin on his face!!! Thanks to all that are helping me with this. No way in a million years would i be able to do this without the help of the people on here. When i get my cash i will being making a donation to this site inorder for it to be able to help others. Its just a pitty Theres noway i can buy the people that have helped directly a drink!!! Thanks again. Now time to crack on with mine.