Allocation -but no court date-HELP???

[sue]

Please help I can't find anything on the site relating to this-panicking a bit now!!

 

I recieved a Notice of allocation to the small claims track on 26th January, now in November I had one for my daughter as I am doing hers too, which quite clearly stated that 'the hearing will take place at 12:00 on the 22nd February at Portsmouth County court' it also said that each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely.....

Now mine, was quite different, it does not give one date but two and nothing to say to send a court bundle to Barclays too.

I am really worried now as I have been trying to get to the bottom of this for more than 3 weeks now and no-one has come up with anything concrete, and I can't get a message to any of the mods as they don't seem to be available.

The letter is set out word for word below.

 

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

 

1. Allocated to small claims track

 

2. Both parties shall by 9th March 2007 file and serve at court all statements from any witnesses dealing with all evidence of fact to be adduced, including on the part of the defendant dealing with the calculation and justofication of charges levied.

 

3. Skeleton arguments and authorities shall be exchanged and filed by 23rd March 2007. The parties are reminded of paragraph 4 of the Practice Directions (citation of Authorities) (2001) 1WLR 1001 CA which says amongst other things that it remains the duty of advocates to draw attention of the court to any authority not cited by an opponent which is adverse to the case being advanced:

 

4. Case be listed for hearing time estimate 2 hours upon filing of skeleton arguments.

 

 

Any ideas what this means? I am a bit confused that there is no actual court date.

__________________

[crashbandicoot]

Sue, it sounds like they want witness statements etc before they issue a hearing date. It could be that yours is being dealt in this way, because the judge may have a number of similar cases that he/she wants to 'block-book' together on a hearing, thus the differing instructions. Why don't you call the court in question and ask for clarification? They are normally very good and will let you know what is happening, to put your mind at ease.

[sue]

thanks very much for that, I did ring the court but they weren't much help at all. I guess no-one else has had this type of instruction before.

What do you think I should send in for the 9th and what for the 23rd? there doesn't seem to be the situation where I send my bundle to Barclays and the court, and Barclays send theirs to me and the court.

[crashbandicoot]

From just re-reading it, you'd need to send any witness statements on the 9th (which you won't have, unless you intend to rely on a witness) and on the 23rd it may be worth sending part of your bundle as the 'arguments'. I'm not 100% sure on this one, so it may be worth you sending a personal message to one of the mods to ask them.

 

Let me know how you get on.

[sue]

thanks again!

I have however been trying to PM for 3 weeks with no luck from anywhere.

I have even tried other sites! but no response from anywhere! so you can see why I'm getting a bit concerned!!

[Michael Browne]

2. Both parties shall by 9th March 2007 file and serve at court all statements from any witnesses dealing with all evidence of fact to be adduced, including on the part of the defendant dealing with the calculation and justofication of charges levied.

 

 

I would send a Witness Statement, see here:

 

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

 

together with schedule of charges and copies of your bank statements.

 

The real killer is this:

 

including on the part of the defendant dealing with the calculation and justofication of charges levied.

 

which they won't comply with, thus saving you having to produce your Court Bundle

[crashbandicoot]

Thanks Michael - Sue I hope this helps

[sue]

Thank you sooooo much crashbandicoot for contacting Michael, and to Michael for your words of wisdom again!

I seem to remember you coming to my rescue once before!

[crashbandicoot]

Thank you sooooo much crashbandicoot for contacting Michael, and to Michael for your words of wisdom again!

I seem to remember you coming to my rescue once before!

 

 

Well I didn't contact him so to speak, but I do have telepathic powers....

[sue]

Morning all!

Michael can you clarify for me points 8 (both of them!) in the witness statement example?

I am not sure if they apply to me or not, 7) I put the date I filed with MCOL as the date filed with Northampton County Court, but not sure what the amended claim is, I thought the next stage was when I sent the AQ in?

[Michael Browne]

can you clarify for me points 8 (both of them!) in the witness statement example?

 

Delete these if you haven't amended your claim

7) I put the date I filed with MCOL as the date filed with Northampton County Court,

You can keep it as Northampton, as it is where all MCOL claims are filed

 

Don't forget that the Witness Statement is a template to be amended to your situation, don't just copy it slavishly and re=number paragraphs as needed

[sue]

Thanks, do I need to include when I sent the AQ in?Also, when does the interest caluclation stop, or does it, as I thought, continue to accumulate until they pay up?

[Michael Browne]

do I need to include when I sent the AQ

No.

 

does it, as I thought, continue to accumulate until they pay up?

Yes, but the schedule should be as when you filed the claim. The daily rate will take care of additional interest up to settlement.

[sue]

Thank you very much, should be able to get it in the post now!What a wonderful site this is!!

[sue]

Michael, if you are still there, can you clarify one last thing for me?The last paragraph of the witness statement, says 'I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages.a) why my initials and b)do I need to number each and every page of statements and initial them all too?Sorry if I am being a bit stupid, just paranoid about getting anything wrong at this stage! '

[Michael Browne]

a) why my initials and

Exhibit (SUE1) is your Court Bundle

 

b)do I need to number each and every page of statements and initial them all too

Number but not initial and put the number of pages 'comprising of xx pages.' That way pages can't be added or subtracted.

[sue]

I'm not sending a court bundle at the moment, on your advice, but I am just sending copies of my statements and the schedule of charges. does the same apply?

[Michael Browne]

Yes