sharongina v hsbc: court hearing 28 june ** WON **

[sharongina]

does not mention small claims or anything

[freakyleaky]

You might be right about it being an allocation hearing. Can you copy the full text of the letter, deleting details, and I will see if I can work out what its about.

[sharongina]

can only copy out this way,

 

Notice of Directions Oswestry Court

Miss Sharon Gina Williams Claim noxxxxxxxxxx

4xxxxxxxxxxxxxxx Defendant HSBC Plc (KVE)

Oswestry 1 June 2007

Shropshire (STAMPED)

SY11xxx

 

 

TAKE NOTICE the the DIRECTIONS HEARING will take place at Oswestry Court,XXXXXXXXXXXX

 

When you should attend

 

15 MINUTES has been allowd for the DIRECTIONS HEARING

Please Note This case may be released to another judge, possibly at a different court.

[sharongina]

This is all that is on the letter from the court

[freakyleaky]

Well its obviously a hearing for direction but not sure what they mean by that. i will have a look and see what i can find. if lat is around, can you please help with this?

They dont usually have a hearing for allocation but things are changing all the time. will fnd out for you now.

[sharongina]

Thanks very much

[jowalshy]

Hi Sharon, here are the notes on directions hearing. I looks like it is similar to the prelim hearing that I have got:-

 

Prelim/Directions hearing

 

 

Similar to an allocation hearing, but usually allocation will have already been decided. The main purpose of these hearings is for the judge to make directions or other orders, narrow the issues, and otherwise decide how the claim is to proceed. The exact reason for a Prelim hearing should be stated at the top of the order.

 

 

You won't need your full bundle for any of the above hearings - its not the 'final' hearing so you won't have to argue your case as such. However, it is a good idea to make sure you brush up your knowledge of the basis of your claim, in case any of the issues are discussed or the judge asks you any general questions. The judge could also attempt to get the parties to agree to a settlement at these types of hearings.

 

 

Stuff to take with you;

Allocation hearing Witness Statement

Draft order for directions &

Reason's why they should be ordered

Copy of this order - page 1 & page 2 (to demonstrate that other courts are already routinely ordering those directions in small claims cases)

Statement of evidence (to refer to if necessary)

*Copy of the text of the Lincoln 'abuse' order

*List of settled cases

 

 

*Optional - take if you want to show it to the judge and politely suggest that a similar order may be appropriate in your claim.

 

 

Useful threads;

Stan1 v Lloyds

swilliams v Lloyds

[freakyleaky]

Ahh there you go sharon. Thanks jo.

[sharongina]

Now this sounds scary!

do you think D&G will settle before this date?

[sharongina]

Is this all I will need to take with me?

Thanks so much for your help, It did not state at all the reasons for directions, but D&G have been sent a copy are they supposed to attend this hearing?

[freakyleaky]

Well if dg have been sent a copy I would imagine that they will have to attend also. If thats the case you have no worries because they wont turn up going on what i have read in other threads. They may well settle beforehand.

[lateralus]

sharon,

it's always scary getting stuff about the court -

don't know if it will get that far - but jo has given you the link for what you need to take - it will take you a couple of hours to get that together - so just be looking at it - but not c opying stuff out yet - you've got until late june -

i'd be writing to dg - with a nudge - saying.

ok, looks like we've got a hearing date - woudn't you like to get this taken care of without going there - i will accept xxxxx ( full amount)

i'm sure the courts will appreaciate us resolving this without their further intervention and time,,,,, blah, blah..... just keep reworking the nudge letters - and i'd send on now,next week and the week after - just turn the burner up a notch each time - getting closer - now - wouldn't you like to get rid of this claim - ......

that's it - it's been my advice for a couple of months now - keep on track of the court stuff but actively write to dg to prod them into an offer - especially when a date is coming up.

nudge examples in both my aq threads in my signature.

[sharongina]

It said at the bottom that D&G have been sent a copy, so I hope they settle before this, I am due another nudge letter for Monday anyway, have cut and paste a letter I found for this type of case and will alter as my own, and send to D&G try and print of somewhere as no printer at mo.

Do I have to send all the stuff I would be taking to the hearing to D&G?

[sharongina]

Sorry Lat. I didnt see your reply when I sent above will use your helpful info.

Thanks all

[sharongina]

It did not mention anything about paying this £100 fee,

does this mean I do not have to pay this fee?

[freakyleaky]

Give the court a ring just to make sure. different courts are doing different things regarding the fee. As it has not gone to track yet i would imagine you won't have to pay it at this stage.

[sharongina]

Will do thanks, Please confirm if you think this letter is ok (next nudge letter for monday, have found of this site and altered slightly)

 

Miss Leeaves,

 

 

With the pending case to be heard at 12.00pm on 28th June 2007 at Oswestry County Court,

 

I am writing to you in a final attempt to settle this matter to save time and costs.

 

 

The amount presently being claimed is – with interest and court costs - £3418.00

 

With a view to settling this as mentioned above, I would be willing to accept

 

£3400.00. I will agree to bringing no further action concerning bank charges between the

 

Dates of 02/02/2000 and 02/06/2007 if you agree to this amount.

 

 

If you agree, could you arrange for this to be paid directly in my bank account held with your client

 

HSBC Bank PLC.

 

 

Further to the impending case being a matter of a few weeks away, would you agree your anticipated agreement

 

To the above can be communicated via EMAIL and TELEPHONE call?

 

I will not accept any form of negotiation via the above means, but purely for you to communicate

 

Your acceptance of my proposal.

 

I can be contacted on my email address above and also via telephone on 01691xxxxxxx

 

 

Sincerely

 

 

 

Sharon Williams

___________________

[Catlover64]

Hi Sharon

 

Looks as though things are moving (albeit slowly!) at last. Maybe DG might settle before the date huh?

 

Hope you don't mind me asking, but how long did it take for you to get to this stage? (From 1st letter asking for dosh, to now??)

 

Keep the faith!

 

CL

[sharongina]

Could I please have my thread changed, not sure how to,

Sharongina>HSBC Court Date

[sharongina]

Hi CatLover

Sorry we must have sent replys at the same time!

It seems like it goes on forever doesn"t it.

From where you are now I first applied at the court on April 24th was was not served until april 26 , they had until 10May to respond, which they did, then 28 days to put there defence in.

I was quite fortunate that they put there defence in quite early around 20 days where they are known to, on occasions, not put in there defence until the last minute. I did not use MCOL, simply because I did not know about it.

 

I know it seems forever but it has gone quite quick I am just worried now incase I will end up having to go to Court, Did you read about the Hull Judge may be striking out all cases on the basis of the Birmingham case that lost this is worrying, I think that the Judges are now geeting sick of bank charges claims.

[sharongina]

After the defence has been filed if you do not here anything I have been told it is best to ring the court and ask if the £100 fee is payable as sometimes still is.

It is then just waiting for the court to decide whats happening next, but best to ring the court regular to keep an eye on whats happening

[sharongina]

Will ring the court in the morning to find out if I still have to pay the £100 fee, Nudge letter has been sent to Kate at D&G, (as her name is on hsbc defence) she will receive this in the morning, but I am not convinced I will get a offer off them yet. They seem to be leaving offers until the last minute.

[freakyleaky]

There is some great information on this thread StevePM v NastyWesty re prelim hearing. Its well worth a read for all who may have to appear in court! Post #23 onwards

[jowalshy]

great find freaky. I have edited it into my last post on my own thread.

[sharongina]

Thanks,

 

Out of interest does anyone know if anyone has had to attend court on direction hearings or have they always settled before the date?