No AQ - Straight to PRE TRIAL REVIEW

[oyster11]

Just received Today -5th April

 

From my local Court (N24) Notice of Pre Trial Review 13 July

Not 100% sure about a Pre Trial never seen it on any of the other threads

 

As it is a Pre -Trial Review are DG more likely to attend this.

and not make an offer before Pre trial. after all it is only a Pre-trial

 

 

 

or could a summary judgment be made at this point

 

 

 

 

will DG Let it go that Far>

 

 

 

 

I have a feeling a few more people will be getting these.

 

As always I look forward to your comments.

 

 

Cheers.

 

Oyster

 

 

- - - - - - -

Received the Transfer to local Court Friday 30th March

Where the AQ had been dispersed with. See lateralus thread

 

Posted Letter to DG Monday 2nd

- -- - - -- -

[lateralus]

i would pray you'd have your money back and spent it well before july!

[oyster11]

Lateralus – have you head of these Pre Trial Reviews by the court before.

 

I have got a funny feeling solicitors will attend these to see if the can use then as a testing ground for some new legal angles that may prohibit all claims it may take them a while.... but if it dont hurt them to attend who knows..

 

 

I dunno, getting a little worried about this am I one of the first to have a Pre trail DG have nothing to loose by attending do they?

 

DG in effect don need to do anything up till then or maybe beyond this date.

 

I have a funny feeling this whole re-claiming unfair charges is about to be put on its head

And where the banks will be protected somehow by the OFT . I hope I am wrong.

 

BTW – Thank you Lateralus you have been a big help so far.

 

 

 

Oyster

[lateralus]

i haven't heard of them - but, hey, what do i know - last year this time - i didn't know what a spreadsheet was, CAG, MCOL, AQ or anything else.....

so, we take it as it comes - this is a new response - let's see how it plays out -

as i say quite a lot - like on this thread: post 1When you have filed your AQ................ (1 2 3 4 5 ... Last Page this is a game with two different sides at the same time, while you are waiting for further court action, you should be doing all you can to get dg to make an offer. take a look at that thread and see if you get any ideas. we don't want you harrassing dg but nothing says you can't contact them to bump up your claim. did you do the nudging letter?

[oyster11]

Yes done the letter sent it registered , the would have got it Tuesday

 

I put at the bottom "Thank you in advance for your prompt payment. "

a little positive subliminal hint you never know.

 

Oyster

[Castlebest]

Hiya Oyster, lets get this straight from the start,

 

Pre Trial Review, I’m assuming from your posts you have to attend rather than just submit details of your claim, if that’s the case then I think the district judges are in effect trying to bang our heads together to get the claims sorted out and settled with minimal intervention from the court, just one visit.

 

The question is will the banks solicitors dare attend these sessions and I suppose this will depend on how the judges record the outcome, if its likely to affect the future standing of the banks on the issue of charges then the solicitors wont want to attend and will offer settlements rather than run the risk of being held in contempt of court.

 

The rules of engagement wont have changed, the OFT have delayed the publication of their findings until the end of the year because they need to do a more in depth study, they are due to make an announcement at the end of April what this will involve and how it will be done.

 

pete

[Philomena100]

hang on a minute your court date is set for july!! isnt the whole point of not filling out a AQ sopposed to be that it would settled quicker! this seems like this is getting longer and longer i think this will force people to settle if you are going to have to wait that long for a court date i filled my claim in january and i do not want to wait half a year b4 i get money people who filled there claim last year are so lucky the process wasnt this long for them!

[weeaicha]

Hi, I havent even looked at what my bank owe me but its more than anything they are entitled to. I am looking to reclaim back from HSBC for all charges as well as from Clydesdale financial services (Karen Millen store card) as they have charged me quite alot for late payments. I hope to get quite alot of money back!

 

Reading your stories has given me hope!

 

Will keep you posted.

 

Thanks

[Castlebest]

Phil this is very new we have to see how it pans out, I think DG will settle rather than go to even a pre trial review but we will have to wait and see.

The district judges have altered the process because it was collapsing under the pressure of all the claims, they won’t want to be sitting day after day listening to the same case law and complaints either. I’m sure this has been thought out to make the banks offer settlements without any intervention by them.

pete

[Philomena100]

Castlebest i see what you mean but why would the banks settle early when they have up till july to do so, as we all know the banks like dragging things out they probably will only settle 4 days b4 the pre trial like they done when the court dates were set backing out at the lat minute.

What stage are you up to now in your process?

[Castlebest]

I still don’t think we have all the pieces to the jigsaw although this is another major piece; we all have to stay calm and see what happens.

 

I'm personally not worried about attending court, I’ve been there before as part of my work but I also know I’m probably in the minority. I can’t see the district judges letting the banks use fear of attending a court room as part of their arsenal to reduce their liability that would be almost criminal in itself. Having said that I dont think they can afford to attend either.

 

I’m right behind you, my 28 days is up on the 10th April.

 

pete

[Gez]

How many solicitors do DG actually have? Do you think they will sending staff these meetings in a couple of dozen different locations every day?

This has got to be a good thing.

[Castlebest]

Very good point Gez !!!!!!!

 

pete

[ladybird17]

they sub-contract to other solicitors

[Philomena100]

im not worried about attending court beleive me i would tell you all the date and meet me there!lol

however i remember a couple months ago getting to the aq was seen as your case nearing an end but now it seems like it is dragging out longer and longer but yes i agree should stay calm and wait alot can happen i just hope the banks arent going to get the upper hand and let us all wait till the summer befroe we know what is happening

[Advoc8]

Pre-trial review is to sort out issues like a timetable for the trial itself, evidential issues, a time estimate for the trial, a time window for the trial and any other issues of that sort.

 

You wouldn't get a summary judgment at a PTR because summary judgment requires a summary judgment hearing, not a pre-trial review.

 

I suspect it's been called as the cheapest and easiest way to get this matter over with.

[lateralus]

and i still say - it's a game of two halves - or a two pronged approach - while waiting for this date - you have every opportunity to get dg to deal.

 

ok, first you send the nudging letter -

then 10 days later - maybe you send them another one and 10 days after that another one.

i'm in no way saying start ringing them up and asking them when they are going to deal - that would be counter productive.

 

but look at it this way - lots and lots of peeps have filed claims - all those not with cag will be squirming - we don't do squirm - we get proactive.

maybe the second letter refers to the first with a thinly veiled here i am trying to resolve this and you are doing what? doing squat! let's get this done before the judge sees me as the reasonable person trying to wrap it up and not waste court time - all the while you are treading water.......

we can dress it up - but that would be the message -

reminding them that the court will be given copies of all correspondence.

it's like they are getting hit from two sides - they will deal!

[Philomena100]

when you send the letter you have to reduce your claim amount dont you for them to settle quicker? i dont want to reduce my claim amount know i have got this far my claim amount is for £2537.49 how much would you suggest you reduce it by to settle bearing in mind hsbc offered me 2117 that was the full amount without intrest

[Advoc8]

Why should you offer to reduce your claim to settle more quickly once you've filed a claim?

 

Once the court claim has gone in hold out for the full amount, including any statutory interest and court costs, unless and only unless it's in your own interest to have a lesser amount of money sooner.

[lateralus]

i did say that a couple of times and in certain circumstances it becomes the best course of action - but if you don't want to reduce it - don't - just send a letter saying - hey, i'm still here - i'll settle, go away, halt the claim if you send me xxxx.xx

i think it is a good idea to put in an equation - right there in black and white - charges xxxx + interest xxx+ court filing fee xxx + aq filing fee (if applicable) 100 = total required to make the claim go away.

 

i could write another letter - but you know what - so could somebody else - if you write your own letter using these ideas - they won't all get to dg as identical letters - and that might be preferable - of course i'll help anyone who needs it - but this is as much how you feel as what i would put down.

anyway oyster - give the first letter a chance (given the holiday weekend) and then write another letter. long time til july!

[oyster11]

- Castlebest Yes I have to attend

 

Just my luck to get a Pre Trial Review - I would put money on it that DG will attend I think the will use the first wave of PRT's to postulate new angles with the courts.

 

Like I say DG I don;t think DG have anything to loose by attending

 

The other question then is what will happen if DG don't remember this is only a Pre Trail Review.

 

Lateralus - I think you are right gentle persuasion not to waste the courts time you never know !!.

 

However I think there gonna show up this is a whole new ball game, it is in there interests there may be a way out this is a first for them what have they got to loose if they attend they can still make an offer before the actual date.

 

It has kind of taken the impact off a court case where DG would Normally settle before. the case

 

How long after the PTR before you get an actual date.

 

 

Oyster

[Philomena100]

I spoke to my uncle this evening as i have to admit i was getting a little freaked out by all this! who is a lawyer he told me when the courts set a pre trial it is so the 2 parties can come together and ''negotiate'' a settlement however now this is what scared me the lawyers do not have any obligation to offer a settlement b4 the pre trial and it is in their best NOT TO as the pre trial is only half of whats to come so if the lawyers do want to drag this case and hope we crack under the pressure they will attend the pre trial! and then after that is when the court date is made which they wont attend for obvious reasons.

 

The PT is bascially so the court isnt bombarded and it gives us more time to come to some arrangment with HSBC

 

i hope this helps... it helped me!

[Castlebest]

Hiya Oyster, what new angles? The OFT report wont now be published until December at the earliest and that will only provide a smoke screen for the banks it wont provide anything of substance or settle the basic issue that it costs about 50 pence to generate a charge of between £25 and £35 pounds and this is unlawful.

As Avoc8 says the PTR will sort out issues like a timetable for the trial itself, evidential issues, a time estimate for the trial, a time window for the trial and any other issues of that sort. These items were all covered by the AQ and handled in seconds by a district judge, all except one, evidential issues. Do you think DG will show in front of a district judge in whatever forum if they have to talk about disclosure of their banks charges? They haven’t yet.

I think your best bet until we get some reaction from DG is to do as Lattie says and just keep gently reminding them your there and waiting to settle your claim and your waiting for their move.

pete

[oyster11]

Hi

 

Lateraulus

Castlebest

Advoc8

Site helpers

 

I have found on HM site Detail of what is involved in a PRE TRIAL REVIEW

 

Do we need to think about a pack for the PTR which cover our claim and rebuttal to the defence.

 

PLEASE FOLLOW THIS LINK

Attending the pre-trial review

 

The information covers what is required by Claimant and Defendant

REC4278 - Attending the pre-trial review

 

When attending the court you should take with you

• your warrant of appointment
  
• certificate(s) of debt
  
• the papers
  
• the evidence you intend to produce
  
• two copies of a simple calculation of the interest accrued between starting the action and the hearing date

The outcome of the PTR will depend largely on whether or not the defendant attends.

If the defendant does not attend

 

If the defendant attends the PTR

 

Outcome of hearing

 

Report of hearing

 

 

 

Oyster

[Advoc8]

Bear in mind that the link you've posted goes to an HMRC web page and seems to relate to tax claims. Some of the info is useful although not all of the details are relevant.

 

I've not seen any other posts about PTR's (not that there aren't any) - my suspicion is you'll get a settlement before then but if not I would suggest the evidence to be taken will be the standard CAG bundle plus an additional witness statement if the 'new' AQ directions have been issued.