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

- -- - - -- -

[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

[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

[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

[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

[oyster11]

Yeah been having a look at that lattie looks good

 

Let me know when a final is ready I will then send it to my local court

if you can also post the final on here so i get the right copy, that would be great.

 

Cheers

 

Oyster

[oyster11]

Hi all,

 

Such a Beautiful day in sunny Cambridge

 

Do we know if any one else has had any notice of PRE TRIAL REVIEW or am I the only one so far.

 

Oyster

[oyster11]

Hi Smellipants

 

Two of us then !!

 

I wonder if it is just Particular to Cambridge then, well we will soon find out in a couple of days or so. Yeah Friday the 13th in the morning I will bring my lucky black cat to s**t all over them.

 

oyster

[oyster11]

- Yeah no problem Smelli you won't be able to miss me I will be in a dark blue suit with a pink carnation in the left lapel and newspaper under my right arm Oh yeah and a big Grin.

 

I am in at 11:45

 

Oyster

[oyster11]

Hi Smelli

 

I think I am gonna wait for the time being drop DG a little nudge, now and then.

what about you?

iskanda go for it when did you send the order off?

 

Oyster

[oyster11]

Hi all

 

hmmm Castle

 

I think you will get a lot better response if you try sending a version of Lateralus's letter to your own solicitor.

 

I seemed to have missed this "letter to you own solicitor" thing I don't ave one I didn't think I needed 1:eek:

 

Oyster

[oyster11]

Cheers latte,

 

Yep it does get little confusing.

 

.... and then there were three yankee_bloke oyster smellipants I think this could be the start of one of those internet born film, like Snakes on the Plane.

 

Oh look two more on the 13th now its the famous five!! lol

 

Looks like a party on the 13th at Cambridge then !!!!

 

Oyster

[oyster11]

Well Netty

 

Ya canny beat a good ole knees up can ya, hey it is a Friday after all!!!!

 

Lattie - I hope you don't mind put a post in the LTSB forum to yer

New---after 28 Days - Maybe No Aq!!!!!!! in particular to the first thread with the draft letter on it and suggested the sent it every couple of weeks

 

 

Oyster

[oyster11]

Gawd Netty

 

How many claims ave you got? I Know you can buy us all hats!!!

 

And one for Uncle Colin yes- that's the pointy one with the Big "D" on it !!

 

Oyster

[oyster11]

Love it...GMM that's why I am still up when I normally in Bed @10

I will go for the second one it's just so much more shazam!!

 

 

 

OYSTER

 

 

 

[oyster11]

Hi Peeps,

 

Heads up at the Lloyd's section - socrates333 has a PTR on the 7th June Question about additional charges after LBA.

 

Be worth Keeping and eye on it

 

Oyster

[oyster11]

Hello Peeps

 

I have tried to get my signature to show on the posts, its all there its even there when I click the preview there are two submit thread i select the one below "Additional options"

 

Do the Mods ave to approve it first

 

let me Know

 

 

BTW - Do you like my little Man!!!!

 

Oyster

 

[oyster11]

Lattie -

Do you thing I need to worry about this?

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

 

Oyster

[oyster11]

Iam up for a couple of beers, i will get the train in i dont think the court is too far.

 

Hey ... DG will probably make an offer before it .. there are a couple on peeps on the lloyds forum 1 is in the week prior.!

 

Oyster

[oyster11]

GUESS WHAT? I GOT THIS MORNING

 

Oyster

 

[oyster11]

Peeps.....

 

An offer for almost the full amount 4700 a few discrepancy's on the interest

on the overdraft claim was for 4100 ish + the 8%

 

Remember my PTR is not until the 13th July 6 weeks to go.

there at least two others on the 13th of July with DG and Smelli and Regis - the should get an offer soon.

 

I feel great..... thank you so much peeps.

 

Need to the Reply Might need a little help with that as they want to pay metropolitan collection service ( HSBC debt collection service) 2k from the

 

and also get the HSBC defaults removed from my account

 

 

Thanks again

 

 

Oyster

[oyster11]

Yep,

 

You Just got to keep going TBH when I look back it didn't take that long just feels like an age between each stage.

 

Oyster:):)

[oyster11]

Yep,

 

DG Must be having a spring clean... nice tidy desks for the summer:grin:

 

 

Oyster

[oyster11]

Well Done claire !!!!!

 

 

I got pretty much the full offer yesterday

 

I just need to do acceptance letter back out to them.

 

Claire dont just thier letter I have seen template letters on some thread for accepting the offer.

 

I will keep and eye out for one and post it in here for you..

 

 

 

Oyster

[oyster11]

Draft -- Comments Please

 

 

 

_______

 

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXI accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge).

 

I have agreed with XXXX XXXXX XXXX ltd. full and final settlement figure of £xxx, I give you authority set off this amount of £xxx only to XXXX XXXXX XXXX ltd.

 

 

The balance of £xxxx.xxxx be paid in the form of a cheque made payable to myself.

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £XXX, in order to be afforded this privilege by myself.

 

I also have the issue of two defaults registered by HSBC on my credit file which I would request are removed. Dont want this to slow down or hinder the settlement. as the would be settled on my credit file any way. that said i would still like them off.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.I trust that you will find this arrangement acceptable.

 

Yours Sincerely