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My court case has been transfered 95 miles away!


Crossley56
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Hi I live in West Wales and my case was supposed to be held in Carmarthen but today I recieved a general form of Judgement or Order saying that the local judge had transfered my case to Cardiff Civil Justice Centre.

Carmarthen is 26 miles away from me Cardiff is 95 miles

 

What can I do to have this transfer order set aside?

 

Has anyone else had this happen?

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You could write to the judge explaining your circumstances and whether the transfer could be reconsidered. To be honest I wouldn't worry about it too much at the moment. It is unlikely that you will actually have to appear in court. This has happened to a few people before but they have had a full settlement offer before they ever got a court date. :D

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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I am going to send this to the court.

I wish to have the order to transfer my case to Cardiff Civil Justice Centre set aside on the following grounds.

 

I would have great difficulty in attending the rearranged venue due to it being over 95 miles from my home, Carmarthen only being 26 miles away.

 

As I am the Claimant, I understand that I have the right to have my case heard at my local county court.

 

It would cause me great financial hardship to attend Cardiff Civil Justice Centre, as I am a student and can only work part time and earn just over £400 per month. I have actually had to borrow the money to cover the court fees.

 

The case is not a complex one and should take no longer than 1 hour and the legal cases I will be using in the hearing are well known (see attached documents).

It would be very strange for the travelling time (over three hours each way) to exceed the time that the case will take.

That is if, indeed, the defendant’s solicitors actually turns up to defend the case. They have, as yet, not done this in over 99.9% of the other actions that have been brought against the banks to date. This is based on information supplied by the Consumer Action Group website who provide assistance on matters relating to my type of case and many others.

 

Hopefully they will change their minds, though the bank have had a one month stay to mediate a settlement (they have not changed their offer one penny and insist any settlement is paid into my current account)

 

Anyone got any other ideas for reasons to SET ASIDE the transfer.

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Yup posted AQ on time (HSBC didnt, they were given two weeks by Court) then when they did post their AQ they asked for (and got) a Four week stay to come to an agreement with me. Basically during this time their offer has not changed from before the AQ ie £2281.77p where I am claiming £2752.49p from them. Have declined their offer for the second time and also the conditions they imposed in it eg Only pay it into my account.

 

Also in my letter to court I am enclosing the legal cases I will be citing in my claim (just to let them know I am serious and also in the right)

 

I am a ex computer consultant who specialized in large mainframe systems and have installed system for Bradford and Bingley, Leeds Permanent, Royal Bank of Scotland and Barclaycard so I know how the banks sytems work. That there IS NO MANUAL intervention and that it costs them less than 50p to action the routine (including postage) so if you said £1.00 including staff, development and hardware costs it would be nearer the mark.

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They have offered the £2281.77p twice and do not want to increase it That amounts to only the charges and not the interest (caused by their charges) which is £471 difference also they insist on paying all of it into my account.

I want a cheque for the balance after my account is zeroised, as I want to decide where the rest of the money goes.

I have defaulted on a personal loan due to their charges and have an agreement with MCS over repayment.

 

Loan got defaulted when my (soon to be ex) wife stopped paying her half of it in April last year (£180 per month) I paid all of it for as long as I could and informed the bank of my situation. Guess what, NO RESPONSE to my first two letters, but as soon as MCS got involved they responded to my third letter offering to pay my half.

 

So that is why I want the balance paid by cheque (over £1400) because it is about time I controlled my finances and not the bank.

 

Re access to their systems No I left computing four years ago and am about to qualify as an electrician in June 2007 (three year course).

As an aside I have always informed the bank of my situation, Just doing what they recommend but we know what effect that has ABSOLUTELY NOTHING.

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Cross, Good luck with your new career. We all know what effect writing to HSBC has and what they do, every now and again you come across a thread here about an elderly relative or someone with a crippling disease and they get the same treatment, its disgusting.

The banks have retreated into their own Dickenzian world where nothing matters but money, its up to us to be the ghosts of Christmas past present and future and drag them back kicking and screaming into the 21st century.

pete

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