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notice of transfer of proceedings HELP !!!!!


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Hi all,

could you please tell me what this means / what (if anything) I should do.

 

 

I am doing this claim on behalf of my brother,

I've done the usual prelim,lba and now it's at court stage:(.

 

 

The allocation questionnaire and all draft orders etc... filed as well.

 

 

Received two letters from court:-

 

1)General Form of Judgment or Order saying 'before district judge Bedford sitting at Pontefract County Court...... Upon the Courts own motion.

 

 

The Court has made this order of its own initiative without 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

The claim be transferred to Leeds County Court......... to be dealt with by His Honour Judge Grenfell.:???:

 

2)Notice of transfer of proceedings TO ALL PARTIES

This claim has been transferred to the Leeds County Court for allocation.

 

 

On receipt, the file will be referred to a procedural judge who 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.:?

 

thanks in advance

Nick

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You do not need to do anything. Wait for your notice of allocation. The notice of allocation will give you more information on the case including the track allocated.

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thanks for reply Bennyowen, thought I didn't need to do anything but wanted to make sure in case.Don't want to run in to any trouble at this stage and anythings possible with these clowns.

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and when you get your allocation questionnaire,don't forget to ask for full disclosure of how their charges are made up.They haven't fulfilled one disclosure order yet,and I think I am right in saying that all such cases have resulted in a judgement by default for the claimant....

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But also note that the case has been kicked "upstairs" by the District Judge to the Circuit Judge. He will be the most senior judge on your court circuit. I would expect that he will be dealing with many of these cases as there may have been a decision in your circuit for them all to go the the Circuit Judge - If so I would expect a stay so that many cases can be listed together.

 

Hopefully this referral to the circuit judge is a reaction to the District Judges vastly increased workload as a result of so many charges claims. With a bit of luck its gone upstairs so that the Circuit Judge can squash the banks with a good case management order requiring them to put up or shut up. Will be interested to see.

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Hi Lickthewallfatboy and rbrears, thanks to you both for your replies. Lickthewallfatboy

I have asked for full disclosure and thats fantastic news that they are defaulting on all of them.

rbrears

Have you any idea how long the stay will be for roughly? and I can imagine that the courts now are getting well fed up as more and more people are having to take it there. Lets hope your right with the Judge asking them to put up or shut up.

The first bank I did was Natwest last year (August) and the court said it was the first one they'd seen, and did I know what I was doing to be taking on a big company, bet they wished it would have been there last one too.

Thanks to you both for your encouraging words, not long to go now, I hope.

Will keep you informed

Nick

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