Mizzpy V A&l

[sea-sidelady]

The guide Michael gave you is excellent, if you still have any worries just ask.

[mizzpy]

I am now at the AQ stage and need help with this. on point B my case has been moved from my local court to Guildford which is 25 miles away from me, should I state that the case should be held locally to me. Secondly point G has got me I have no idea what I am supposed to do, I have read the notes but I am still confused. If anyone can help Please do.

[mizzpy]

Notice of Transfer of proceedings.

This claime has been transferred to the Guildford County Court for allocation. On receipt, the file will be referred to District Judge Raeside who is now dealing with all claims realting to Bank Charges and will allocate the claim to track and give case management directions. Details of the judge's decision will be sent to you in a notice of allocation.

[Trish76]

It is totally normal for your claim to be transfered for future proceedings.

 

 

For help with the AQ See here:

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to the Bank's Solicitors

 

Hope this helps!!

[mizzpy]

Thank you Trish this certainly helps I will get this sent asap.

[mizzpy]

Right got two letters from Wragg & Co yesterday.

1. is their AQ

2. is an offer but this is £1500 short.

 

I have until the 6th July to file my AQ at Guildford Court, and Wragg have given me 28 days to accept their offer - I am not accepting their offer so do I send a letter to them rejecting it, or should I just go ahead and file my AQ.

[squarebob]

Mizzpy,

 

Yes to both questions.

 

Good Luck

[mizzpy]

>

[mizzpy]

Hi all

 

sent off my AQ with fee to Guildford court and this is what I got back, do I need to do anything??????

 

Before his honour judge reid QC sitting ..........., upon the courts own motion. the court has made this orfer of its own initiative with a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is Ordered that

 

1. The claim is allocated to the small claims track.

2. The hearing will take place, time and date which will be notified to the parties.

3. The defendant shall not later tham 4pm on 16 july 2007 serve on the claimant and lodge aat court a document answering the following questions: (a) is the case intended to be contested to and at trial? (b) does the defendant intend to apply to adduce expert evidence?

4. if the deefendant fails to lodge at court a document in accordance with paragraph 3 above the defence shall stand strucj out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.

5. each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely).

6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.

7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court.

8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the civil procedure rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall endeavour to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.

9. Because this order has been made by the court without considering represnetations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

[jansus]

First thing I think is for the banks solicitors to send you and the court the documents requested by 16th July - if they dont it looks like the defence will be struck out and you win

 

if they do then it is a matter of proceeding with the rest ,court bundle and witness statements etc - and a court date will be set.

 

looks like put up or shut up to the bank to me.

 

Only personal opinion not advice

 

Other opinions please ?

 

 

Jan:)

[mizzpy]

Well I will be hoping and praying that they don't comply by the 16th. Will keep posted and see what happens since the 16th is monday.

[Michael Browne]

 

barclays say " the defendant has filed a defence for the purpose of contesting the claim and it will continue to contest the claim to and at trial if it is necessary to do so"

 

they also say " the evidential issues raised by the parties 'statements of case appear to be such that expert evidence may be necessary"

 

 

This is what Barclays have replied to the same Direction in another claim at Guildford

[jansus]

oh thats a shame - does not sound hopefull.

 

On the other hand Wragges may be so busy they can not reach the deadline:D

 

Jan:)

[mizzpy]

Update - Called the court on 17th to see if wragge had sent them anything, they did send to the court some sort of letter which I believe I was supposed to get a copy of, which they have not bothered to send to me. Should I send them an email/letter requesting a copy?

 

I did get the following in the post from the court.

 

His Hounour...... has considered the statements of case and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 1030am on the 14th September 2007 at Guildford County Court, and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

I am not sure what to do because there is no request for a court bundle as I have read on other threads??????

 

at the bottom of the claim for there is a notes section which reads as follows:-

 

NOTES

 

If you cannot, or choose not to, attend the hearing you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of the case and any other documents you have filed.

 

If you do not attend the hearing and do not give notice that you will not attend, the district judge may strike out your claim, defence or counterclaim. If the claimant attends but the deffendant does not, the district judge may make a decision based on the evidence of the claimant only.

 

Leaflets explaining more about what you should do and what happens when your case is allocated to the small claims track are avialble from the court office.

 

Any advice?

[cazawilson]

Dont worry I have my court date for the 17th September and there was no bundle to supply. I think the judges are getting rather peeved at the moment. At least you can save your ink:). Rather interesting my letter also stated thet they should be immediatley informed if the case is settled before hand, and when I had my allocation hearing the Judge was quite suprised that they hadn't attempted to do so already.

 

Don't worry it looks as if a lot of Judges will now not request bundles, its just a waste of time for everyone.

 

Caza

[mizzpy]

thank you for the advise

[mizzpy]

Does anyone know what rule 39.5 of the civil procedure rules, from my directions above is?

 

I am unable to open the A & L terms and conditions for 12/2004 and 10/2006, is there another version of these out there?

[MimiJane]

Misspy, see this link for 2004 and 2006 :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post983030

 

Mimi

[bsia666]

Hi mizzpy

 

It may be this link for your other question.

 

 

PART 39 - MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

 

William:)

[mizzpy]

does any one else have a case at guildford on 14th September. Mine seems to be the first case of the day at 1030am and I have no idea what I am supposed to be putting together re court bundle.

 

Directions from court:

No more than seven nor less than three clear working days before the trial date the Claimant shall file at cour an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the civil procedure rules and the practice direction thereto, and shall serve a copy of it on the DEFENDANT. THE CLAIMANT SHALL ENDEAVOUR TO AGREE THE CONTENTS OF THE BUNDLE WITH THE DEFENDANT BEFORE IT IS FILED. If the Claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.

 

Can anyone help me out here, especially with the capital letters sentence?????