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What is a "Claimants application hearing"?


debt_mountain
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I changed my POCs because of a problem I came across making a claim for loss of savings interest and bcause of this problem I rewrote my POC.

 

I sent it with the £35 fee (which was cashed) and received a letter "Claimants application hearing".

 

Can anyone help explain what this is?

 

Is it for the judge to understnad what and why I have requested a change? or is he unhappy with me and demanding my presence?

 

I assume the defendant will not be asked to attend.

 

Ant help would be great.

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I think it means the Gallows for you DM :D

 

No seriously I do not know, Googling it doesn't help either as I don't quite know what this relates to. It sounds like you have described, a hearing to discuss the change. Sorry DM I can't be any assistance with this.

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I think it means the Gallows for you DM :D

 

 

I spoke to the court and it does sound like this is close to the truth!!

 

I changed about 60% no 80% of my POC in a claim as learnings from a previous case and new information that came to light put some of my points in question.

 

SO I thought changing these would be best, I did say on the Application form that no hearing was required but I guess Mr Judge see differently.

 

oops, more studying and another trip to Berwick in a couple of weeks.

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You've made an application to change your POC's. You've done this ex parte, and really it should be done inter partes (i.e. with the other side present unless they consent). Therefore a Judge has arranged a hearing to decide whether to give you permission. You will get the permission BUT they bank may seek their costs of filing a new Defence (and may well get them). Even if the Claim is on the SCT costs can still be awarded in such circumstances.

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You've made an application to change your POC's. You've done this ex parte, and really it should be done inter partes (i.e. with the other side present unless they consent). Therefore a Judge has arranged a hearing to decide whether to give you permission. You will get the permission BUT they bank may seek their costs of filing a new Defence (and may well get them). Even if the Claim is on the SCT costs can still be awarded in such circumstances.
tgsh2006, thanks for that. The change in the pocs also added contractual interest so I can see them making it difficult for me but I don't mind paying their updated defence costs. I will look puppy eyed at the judge and hope he doesn't think I am making a pass but does feel sorry for me.

 

How would I have done this inter parte, they never reply to my letters and the customer service folks are worde than useless?

 

Thanks again.

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  • 2 weeks later...
BUT they bank may seek their costs of filing a new Defence (and may well get them).

 

Well I had my application hearing and HBOS sent along 15 year old barrister.

 

Hr came over and shook my hand then started the intimidation. "we are going to HAVE you revised POC and the full case struck out as it is a waste of courts time. "Thanks" I said "Whatever" then we were called in.

 

Judge started very confused why I had changed the POC so I explained they had with held 2 years of statements, I had learnt I could claim contractual interest and could add interest and ppi from a loan used to clear the charges based overdraft.

 

The 15 year old just sat and said very little, then the judge asked him to comment and again he read his wanting it struck out, judge discussed the possibility of my success with the authorised and unauthorised interest rates and struck them noth out after listening to my (cag) resonse. He did say I could appeal if I wanted. He then left in the charges beyond the 6 years (like the s32 arguement) and was very interested in the interest and PPI claim and left it in.

 

Then the school kid piped up as the judge was drafting his order and said as I had poorly written my original POC that I must pay todays costs for this hearing. The judge agreed and asked for my view on this.

 

Luckily tgsh2006 had warned me of this so I had my speech ready.....well as I had requested 8 years of statements in my SAR and it took BOS 20 days beyond the legal requirement for the SAr and then told me I was only getting 6 years and only when I pushed the ICO complaint did they then supply the extra 2 years (which was 2 months after the original claim) I then chose to update the POC with all I had learnt, which included what this same judge had explained in a previous case (he like the fact I had learnt from him and smiled).

 

He then looked at the school oy ans said as this is still a small claim and there are clearly outstanding charges in dispute the costs are in case.....in other words boggoff HBOS and pay your own way,

 

Thanks tgsh2006 you save my bacon with that one.

 

My main HBOS link is here, can a mod please merge them. thanks

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The 15 year old just sat and said very little, then the judge asked him to comment and again he read his wanting it struck out, judge discussed the possibility of my success with the authorised and unauthorised interest rates and struck them noth out after listening to my (cag) resonse. He did say I could appeal if I wanted. He then left in the charges beyond the 6 years (like the s32 arguement) and was very interested in the interest and PPI claim and left it in.

 

 

 

Are you saying that the Judge threw out the contractual Interest aspect of your charges DM?

 

Any particular reason?

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Are you saying that the Judge threw out the contractual Interest aspect of your charges DM?

 

Any particular reason?

He beleives that the 8% the court give makes up for any loss I hd. Even if the bank had made a greater profit how could I prove it. He advised it was unlikely to succeed but I could appeal if I wanted to.

 

I don't plan appealing.

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