Glensorie vs Natwest

[hedgey06]

No, nothing to the court - but keep a copy of it for future reference.

 

Bless them............. they really should get some new templates! x

[glensorie]

Hi all again.

Just one thing puzzling me. Should I have received either an Allocation Questionaire or at least notice that the AQ is being dispensed with the copy of the Defence I've received?

Cheers

Glensorie.

[hedgey06]

You should hear from the court in a couple of days Glensorie - I think mine came through about 4-5 days after I'd received the defence from cobbetts. Let us know what directions the court are giving when you hear from them (e.g., AQ or AQ dispensed with).

[glensorie]

Cheers for that Hedgey.

More thumb twiddling and nail biting to do then. Think I'll do a bit more reading up on the later stages.

Glensorie.

[hedgey06]

Ooooooh......... don't bite your nails - shockin' habit!

 

Here you go mate - have a look at these links just in case:

Allocation Questionnaires - A guide to completion

Draft Order for Directions (if you do get the AQ)

Is your court dispensing with the Allocation Questionnaire?

 

Post back though when you find out what the court wants!

 

 

 

 

[glensorie]

Hi all again.

No news yet but just a quick question. I've just re-read the defence sent to me by Nat West and am a bit unsure whether or not I should be concerned about point 4 or whether I have to reply to it or not.

 

( 4 In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations") and/or the common law, THE CLAIMANT IS REQUIRED TO IDENTIFY:

 

4.1 (a) the regulations of The Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations"); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

 

4.2 the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations.

Until such time as these regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. )

 

Guess I've got too much time on my hands to think about anything else.

 

Cheers

Glensorie.

[hedgey06]

All standard stuff Glensorie............. the above goes in every defence they file!!

[glensorie]

Hi all.

Well! I've got an interesting letter from the court which sounds promising:-

 

DISTRICT JUDGE GAUNT has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place :

to consider whether the claim can be disposed of because the defendant has no real prospect of success at a final hearing.

The preliminary hearing will take place at 10:00 on the 21 September 2007 at Tameside County Court, Henry Square, Po Box 166, Ashton Under Lyne, Lancashire, OL6 7TP.

Allocation Questionnaires be dispensed with.

 

 

I know I'll have to give the court a ring to see if I'll still have to pay the £100 Allocation fee.

Do I now press on with the advice in http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html and keep the pressure on Nat West or what do you suggest?

Cheers

Glensorie.

[hedgey06]

Wow! Sensible judge methinks!

 

Have a read through this thread here GOT A COURT DATE? A guide to the later stages as this will help you to prepare everything that you'll need for the hearing.

 

I'm not sure whether it's worth pushing ahead with the draft order for directions at the moment - sounds like the judge has got his/her head well and truly screwed on anyway! And the above thread advises you take a copy of the draft directions with you anyway. I'll check this out further though.

 

Wouldn't mind an order like the one you've got for myself!!!!

[glensorie]

Cheers for that Hedgey, I'll do a bit more reading and wait for a bit more advice. Looks promising though.... I hope! Getting exiting now though.

G.

[glensorie]

Hi all again especially Hedgey (Congratulations again by the way).

Just re-read your enormous thread and noticed you sent the court the Draft order for Directions. See:- http://www.consumeractiongroup.co.uk/forum/show-post/post-1033263.html

 

Do you think it's worth giving it a go or should I just hang fire and see what happens in the next few weeks? Seems a long way off before my preliminary hearing just sitting around doing nothing. If there is anything I could do to speed up the process or swing the Judge's decision then I would jump at the chance.

 

Cheers

Glensorie.

[hedgey06]

I'm not too sure - the Judge seems quite sensible to be honest anyway, looks like (reading between the lines) that he/she may be considering striking out their defence anyway.

 

However, on the other hand, if you requested that their defence be struck out as an abuse of process and attached the Draft Order for Directions, you could also be giving the Judge a bit more ammunition.

 

I'll stick my neck out and say (contrary to what I said at post 34!) that it actually could be worth sending the above.

[glensorie]

Cheers Hedgey

That's what I was hoping you'd say.

Ill start sorting it out.

Glensorie.

[glensorie]

Hi all.

Have been doing quite a lot of thinking recently about what to do re. Draft Order For Directions. I think I have decided to leave it for the time being and take it with me to the Preliminary hearing as per the 'Prelim/Directions Hearing' section in http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html I could do with a definitive answer as to whether I have made the correct choice, in other words I need someone to tell me what to do.

I'm sorry Hedgey you seemed a bit uncertain on whether I should send it beforehand or not considering the wording of the 'Allocation to Small Claims Track' letter I received, see post #33.

Too much time on my hands to think thats my problem.

Thanks in advance

Glensorie.

[iainlinsdell]

Hi Glensorie,

Nice to see another Duki resident batting for the little guy! I'm up on Yew Tree lane. I have also rec'd a hearing date for 21st Sept. I didn't respond to the order and got the hearing response anyway. I see that your hearing is at 10.00... mine is at 2pm, maybe you could let me know how it went. My thread is linked here... http://www.consumeractiongroup.co.uk/forum/natwest-bank/96430-iainlinsdell-natwest.html

[glensorie]

Hi Iain.

Already spotted and linked to your thread matey.

I'm Just off Oxford Road just behind the Norman pub don't know if you are aquainted with it.

I'll definitely let you know how I go on, us Duki lads have to stick together.

Not heard any mention of anybody else having dealings with Tameside CC, just wondering if they are carrying on with current claims or Staying them.

Suppose we will have to wait and see.

Got another claim going through vs Barclays, Preliminary hearing on 5th Oct with the same Judge Gaunt. Onwards and upwards eh!

Good luck Iain.

Glensorie

[iainlinsdell]

you too. I've spotted a few people contacting the banks to see if they'll settle prior to the hearing. There are a few suggested letters about. What do you think?

[hedgey06]

Hi Glensorie,

 

Take everything to the prelim as suggested in the 'got a court date' thread including the draft order for directions. And don't forget to take the 'stay' template (completed with your own details) to give to the Judge should Cobbetts apply for a 'stay' on your case. At least you'll be prepared to oppose their application!

[glensorie]

Cheers for that Hedgey.

I'll start getting everything together ready for my big day out at Tameside CC.

Iain I've replied on your thread.

Glensorie.