dodgy v barclays

[Bookworm]

6 threads merged, no need to report it, Dar£n! ;-)

[dar£n]

thanks [mmmmwwwaaaahhhhh]

[dodgy]

tnanks guys.

[dodgy]

Got a general form of judgement or order today (26th june)

 

It reads

 

Before DISTRICT JUDGE ROGERS sitting at the Norwich County court, the Law courts, Bishpgate, norwich Norflok, NR3 1UR

 

Upun review of the court file

 

It is ordered that

 

1 The clain be allocated to the small track

2 The claim be listed for further directions only at a preliminary hearing ( 5 mins)

3 At this stage the court will consider either:

a) to stay the claim pending the decision in a test case involving the defendant or

b) to give directions for this claim to be heared as a test case, and if needed to reallocate the claim to multitrack for that purpose

 

4 ot less than 14 days before the preliminary hearing, the defendant shall file with the court ans serve upun the clainant details of any cases preceding as a test case, the descision in which will determine the issues in this laim.Alternatively, the defendant shall file with the court and serve upun the claimant draft directions for this case to proceed as a test case.

 

5 The claimant may make any representations to the court in writing provided these are recieved by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decisionof the judge as to the directions to be given,that party is excused from attending the preliminary hearing.

 

 

The date given is 21 august........................

has anyone else had such a response? what do i do next??

[Tipsy0nBacardi]

Have a look at this if you haven't already

GOT A COURT DATE? A guide to the later stages - Consumer Action Group

[dodgy]

The judge has ordered a preliminary hearing saying "special directions are needed" and want to explain in person, before a court date is set.

The judge was asking the defendant to provide a draft directions - not me.The wording seems to give barclays the upper hand

 

I did enclose the 'draft directions' with my AQ but it seems they are not acted upun.

 

Will i become a 'test case' ???

[saintly_1]

Ok you could be crafty here .... contact B's defence informing them that you have a court date but dont mention that its a prelim hearing ... although they possibly wont settle just yet they will inform you who is dealing with your case then about a 3-4 weeks prior to your court date contact that person again ;-)

[dodgy]

I was wondering if anyone else had had such a response ?

[dodgy]

is this a stalling tactic or is the tide about to change ?

[saintly_1]

Many have been given prelim hearings or directions hearings different judges deal with them differently .

 

Many judges know that when a court date is issued very few actually reach court

[dodgy]

what docs should i send to the prelim hearing, i don't want barclays to run the show..

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have a read here

 

 

.

[dar£n]

Ok you could be crafty here .... contact B's defence informing them that you have a court date but dont mention that its a prelim hearing ... although they possibly wont settle just yet they will inform you who is dealing with your case then about a 3-4 weeks prior to your court date contact that person again ;-)

 

 

HMMmmmmmmmmm!!!!!!!!!

[dodgy]

according to the allocation notice the outcome WILL be one of the following

 

3 At this stage the court will consider either:

a) to stay the claim pending the decision in a test case involving the defendant or

b) to give directions for this claim to be heared as a test case, and if needed to reallocate the claim to multitrack for that purpose

 

 

They could apply for a stay and kick my claim into the long grass just to Pis* me off.

[saintly_1]

Not if you get a settlement first ;-)

[slick132]

Dodgy, this seems to me, at least, to be quite unusual but not all bad.

 

The Judge is setting it up as a poss test case putting the onus on B's to produce a list of cases which help back up its' defence. If they can't produce details of such cases, they have to give the Judge their proposals (or Directions) for a test case.

 

Surely your best way forward is to contact the Lit'n Team and see if they want the case to be heard in full or to settle with you in full. No prizes for guessing that they'll want to settle. You have a prelim Hearing date and that should be enough for B's to settle with you and keep the case away from a Judge who is willing to act on his own initiative.

 

The offer to Stay the case is only one of several options but from my reading of it, the Judge seems to be almost daring B's to put up or shut up.

 

Just my humble opinion but I'll watch here carefully. Good luck.

 

Slick

[dodgy]

Thanks for that, shall i just wait now or do i need to send anything else for the prelim? I sent my draft directions with the AQ - maybe the judge want to see barclays draft and merge them together ?

[slick132]

HI Dodgy,

 

Judge is talking of setting your case up as as Test Case - you should make this known to the Lit'n Team and tell them the date.

 

However, as it's 21st August, they may not be willing to settle yet, but you should contact the Lit'n Team NOW.

 

The Judge has seen your Draft Directions but has issued his own Directions which look good for you. It looks like it's up to B's to Defend their case which they are very unlikey to do in Court.

 

Use the email contact details here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html - and send Dino your up-to-date SOC including s.69 interest and your Court Fees. Ask who is d/w your case and if they'd like to settle before the Court Date.

 

Good luck, Slick

[dodgy]

Is there any way of stopping them from obtaining a stay ? If i can get a hearing for a test case they will settle .... i don't fancy a 2 year wait for MY money.

[welshcakes]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[dodgy]

I've been STAYED !!!!!!

 

My prelim date is 20th august, got letter today :mad: :mad: :mad: dated 2nd august.

 

Am i wasting my time and money applying for a removal, has anyone got one lifted ??