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"Pre Trial reveiw" Any ideas??***WON***


Reigs1979
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Hi All,

 

Has anyone had to attend a "Pre trail reveiw"? My claim has recently been transfered to my local court from MCOL - on the transfer papers, it stated I would have to file a AQ unless the jude at the court I was transfering to (Cambridge) ordered differently.

 

I have received no AQ, just a date for a Pre Trail review "When you should attend".... This is in three months time though.

 

Any advice/comment's or links to other threads (that I have tried to find) would be a great help...

 

Also will SC&M be asked to attend, if they dont show does anyone know what may happen next...

 

 

Thanks in advance for any advice offered...

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Hi,

 

I'm not sure I've heard of that but check out GaryH's thread GOT A COURT DATE? A guide to the later stages. You may find some relevant information there. If not then contact the court and find out - don't leave it to the last minute though in case you need to prepare something.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi Reigs1979

 

I have had exactly the same - and also from Cambridge County Court.

 

I've posted it on my thread, but I'm wondering if it's an attempt by the Court to cut down on what would otherwise be pretty standard timewasting stuff by the banks - especially LTSB?

 

John

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Hi

 

You should not be too concerned about this.

 

It is likely that this review will not take place as SC&M will not want to attend and will advise their clients to pay you before this date. The purpose of this review is to decide a timetable for the trial, who will give evidence and in what order, the content of the 'trial bundle' (papers required for trial) and the date it has to be delivered to the court and the time to be allowed for the trial.

 

In all likelihood, the judge is trying to make work for SC&M in an attempt to force them to advise their client to settle. Part of the bundle that both sides need to prepare will be all the documents you intend to rely on.

 

As the claimant it is up to you to plead your case but at the same time, the other side may not simply deny it - they have to prove why the deny it. In doing so, they would be forced to reveal the true costs to their client of the contract breaches or "services" and why they charge what they do for returned DD's, cheques etc.

 

A pre-trial review is similar to a preliminary hearing, so you could write to SC&M in advance of this hearing and suggest the draft directions. Look here at post #10 by GaryH, our resident Lloyds/SC&M specialist.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40192-maryt-lloyds-trying-get.html

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Lucid - Thanks for the link

John72 - best of luck, let me know how things go - my date for reveiw is 13th July

 

hagenuk - Many, many thanks will give that a go!! Faxing the letter today & it will be posted (recorded) on Monday.

 

I will let you know if I hear anything further.....

 

 

Many thanks for your fast replys....

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I had occasion to call Cambridge court recently - they are a trial court and must keep their list as free and as fast moving as possible. Therefore they are listing upwards of 30 cases at a time on the basis that in over three quarters of cases, neither party even attend as they have been settled.

  • Haha 1

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Sorry...does anyone have SC&M's Fax number - I'm at work (on a Saturday!!!) and can't find it.

 

If not, Im sure it can wait until Monday...dont suppose they are working today anyway

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Hi Reigs

 

I've just done the same in my case so it will be intersting to see if SC&M respond, or simply turn up on the 13 July. What time is your hearing scheduled for?

 

John

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Hi all

 

I am also at Cambridge on that day there are three others that i know of

including you guys that makes 5 total so far.

 

Have a look at this thread No AQ - Straight to PRE TRIAL REVIEW a lot of HSBC site helper have contributed woth a look might answer some of your questions.

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Hi John72,

 

15:00...Found there fax number Saturday, so it went in the end & posted it today. Will try calling SC&M thursday/friday - just to see it got there ok etc....

 

Will drop you a mail if I here anything further.

 

Found a couple more due in Cambridge on the 13th on the HSBC section, so added to their thread over Sunday....bet there will be loads and loads booked.

 

 

Regards,

 

Adam

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Hi Fellow CAGER'S

 

This Following Link was also posted on the HSBC forum by Lateralus

 

Now then... as much as I would love to meet you all on the 13th I would much rather I got my money back before then so it's worth looking at the draft letter on thread below and sending it every couple of week or so. I wont hurt to remind them that thay are wasting the Courts time time as well as theirs by delaying the inevitable !!!!

 

New---after 28 Days - Maybe No Aq!!!!!!!

 

Oyster

 

5 for Cambridge on the 13th

- Five men went to mow

- Went to mow the Naughty naughty little banks solicitors!!!

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Head up guys

 

Looks like the is one on the 25thMay Allocation Hearing - Test Case and/or Multi Track

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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  • 1 month later...

Hi John,

 

No not a peep, still only had one letter from llyods back in march...sorry you not happy blar...thats it!!

 

That said I did call SC&M two weeks ago or so, just to get them to get my file out really...they said just expect the case to go to court - but then they would anyway eh!!

 

 

A

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Ok thanks. I think the case they won in Birmingham may have given them some "dutch courage" whereas in reality it did us a favour by focusing on the areas they may wish to attack. In my case I have letters from the local branch stating that any attempt to exceed an agreed overdraft facility would be a breach of the terms of the agreement to provide the facility, in other words "breach of contract" - something the Birmingham Judge said hadn't happened?

 

John

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  • 4 weeks later...

Two weeks tomorrow and due in court, still heard nothing from LTSB or SC&M, with the exception of one leter from Lloyds months ago and then a follow up, after the FOS contacted them, following my complaint (saying SC&M are dealing with case!!)

 

John72 - hope all is well with you...

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Hi Adam

 

Same here, not a word from them despite regular letters from me inviting them to talk, which I have copied to the Court. This has been going on for so long now that I'm setting some time aside to refresh my brain and prepare for the 13th on the basis that it may actually come to a trial of the issues on that date - even though it's listed as a pre-trial review.

 

John

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Hi All,

 

Looks like i've won!!!!:)

 

At lunch time today a deposit is showing on my account for Monday - BC Refund!!!!

 

John - maybe worth a check today!?! I did fax and telephone SC&M yesterday (telephone calll didnt get very far...just said prepare to go to court blah blah)...but assume it is just a coinsidance!!!

 

Anyway, moneys in the bank - job done!! Letter ready to send to court - will give it day or two and see if LTSB write to me first though...

 

 

Will make donatation to the site - good luck all.......

 

Adam

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Well Done Regis! Congratulations.

 

Of course, I did predict this in post #4.....

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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