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Providian 'Directionnal hearing' please help ! :)


khronus
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Hi all, I have already posted this elsewhere but I thinkn that forum may not be read asmuch..I would not normally double post and apologise for doing so however time is running short, here goes:

 

I would really appreciate some advise on a claim I am helping a friend through. It is against providian. As far as I am aware I have followed the correct proceedures for him ( preliminary letter then LBA etc ). Providian have not yet paid up and the court date is for tomorrow! However on the court letter it says it is a 'directional hearing'. Does this mean the court is questioning whether it should be on a small claims track or not? Has anyone else experienced this ?

 

Should providian not pay up by tomorrow morning then my friend is likely to have to attend this hearing? It would be much appreciated if any of the more experienced folk here could advise on what grounds this should be small claims, any other reference cases etc...or even advise on whether this 'directional hearing' is what I think it is?

 

Also, has anyone yet had to go into court to argue the case of charges ( I know almost 99% never get to court because if the banks fail they will set a precedant? ) but have any got to court and if so how were they won ?

 

Many thanks all, I just need to ensure my friend is fully prepared ( as little late i know he only told me the date 2 days ago ! )

 

K

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3 hours before court....I really do need some advice should the judge want to put this on a different track, it must stay on small claims as my friend cannot afford it to go onto another track, what arguemenmts should I use?

 

 

K

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Hi,

 

I don't know what a directional hearing is maybe someone else could help you there? Or you could give the court a quick ring and ask.

 

If its what you think it is, I would try to reason with the Judge by saying your friend is a litigant in person with no legal representation and that your impression is the SCT was designed for situations like yours i.e. To put both parties on an even footing. You could say that the potential financial lose due to the way costs may be awarded in the fast track would be too much for your friend to bare but insignificant for the bank.

 

That might do it but in the end, as I've been told before, the Judge will decide.

 

HTH and good luck

I'm not really a Big Fat Greedy Banker so please don't treat me like one. ;)

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