Cardiff directions hearings *POST HERE*

[olden]

hi botsy dont leave it too late! I would email, have you got the details I found mine on a site listing all the litigation team names and emails addresses. by the way I haven't sent this 'Draft directions new strategy for allocations' thing in with my bundle, as I say I don't know whether I've done enough?

[Guest Botsy]

Hi olden

To be honest I'm getting confused on what I need to do next. On checking my file I have forwarded draft directions to Cardiff quite a number of weeks ago, but have not heard anything to date, I'm not sure whether I have to send anything again. I've got to pull it all together on the weekend and sort it out!

Thanks

Botsy

[welshcakes]

Hi daz

 

The 14th August is only a Directions hearing not a full trial hearing so unless you have already been ordered to by the court, you do not need to prepare your court bundle yet.

 

What you should submit (and I would get it in quickly so it get's processed befor the 1st August) is a Draft Directions.

 

This is the link http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Post #3 for both the Draft Directions and the covering letter (the part you would have put in

Section G/H - other information ie turn it into your covering letter.

The purpose of submitting this request is to try and force a type of 'charge costing disclosure' from the bank.

 

If say the judge grants the Directions suggestion on the 14th, it will mean that by the 28th August, you have to submit certain documents (which are straightforward enough) and that by 11th September, the bank has to comply with its part in submitting a breakdown of why the charges are fair and showing the actual costings used to calculate the charges.

 

This is what the whle of the UK is waiitng for - a bank to provide proof of how it justifies the charges.

 

It won't happen, the banks will not comply. They will have their Defence Struck Out. Claimants who have not already had settlement, will have a court win. And all before the end of September.

 

The Draft Directions therefore is a vehicle for cutting through all the stalling techniques of the banks.

[welshcakes]

Botsy

 

It may well be that since the judge for this bank Directions session has hopefully received lots of Draft Directions asking for the same thing, that on the 14th he will be issuing an Order that allows the Directions we've all requested.

 

This may explain why claimants haven't received individual responses to their submissions.

[smutley]

Thanks for such an informative message Welshcakes, have tipped your scales for you!

[daz3873]

 

This is the link http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Post #3 for both the Draft Directions and the covering letter (the part you would have put in

Section G/H - other information ie turn it into your covering letter.

The purpose of submitting this request is to try and force a type of 'charge costing disclosure' from the bank.

 

Cheers Welshcakes, I dont understand the G/H section part though.. confused

[welshcakes]

Hi daz

 

Sorry, I probably didn't word it clearly.

 

The part that is shown in Section G/H - this is what you would use as the body of the covering letter to accompany/introduce your Draft Directions. It's not mandatory but it gives the judge a clear understanding of the benefits to all (including the court) in using the Directions.

[olden]

Please don't take this the wrong way but are you sure about sending all this info, I find it all very professional legal jargon, and quite complicated.( I must be the dull one, you all sound so knowledgeable)) As I say I have already sent all the other documents which I thought would be enough evidence and really should there be the neccessity for us to all suddenly become as lawyers, instead of 'JOE PUBLIC' standing up against MR BIG

[welshcakes]

Hi Olden

 

Offering the court a Draft Directions is not mandatory however if you read the thread on http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy the submission of the Draft is something that has the potential to simplify the process, as oppose to making it more convoluted.

 

If you feel at all uncomfortable or unsure about using this strategy, it will not damage or lessen your claim if you chose not to include it.

 

I wholeheartedly agree with the fact that as self litigators in Small Claims, our claims should remain as 'layman' as possible and that this is recognised by the courts. However, whilst we are simply bank customers without legal credentials, the legality of bank charges is by no means in the same league as taking your local roofer to court because the roof still leaks.

 

The objective in offering up this Draft Directions in a 'mass' hearing such as this one is to hopefully influence the judge to recognise that this Directions has support by the majority and should therefpre be given serious consideration.

[linda1968]

Theres a programme on at 8 on itv about bank charges should be interesting

[claimb]

hi! i recieved a form of order for a direction hearing(i think?) on 14th nov which is along time away.

 

can't i contact cardiff court and ask for an earlier hearing. i'm dealing with cobbetts natwest and wondering the best way to speed things up .

 

this letter followed on from previous letters 1.local court dispensed with allocation 2.stating the case be transfered from my local court to cardiff. do i still need to pay the allocation fee?

 

i'm assuming i put in a request for a draft order hopfully puting pressure on cobbetts(is this right?)

 

Thanks!

[claimb]

also because my claim has'nt been allocated to small claims track yet(i'm claiming 3k) can i request standard disclosure as i've already recieved a cpr18 request from cobbests. which action would be best? Thanks!

[welshcakes]

Hi Claimb

 

The Draft Directions is the strategy for requesting as good as disclosure from the banks despite it being Small Claims routed.

 

There is absolutely no harm in submitting the DD - I have a 2nd claim for the Nov 14th date and this is what I did & am awaiting court response. If the DD is accepted, it will potentially allow for Strike Out of Defence by end of August for non-compliance thus rendering the Nov date obselete.

[olden]

Hi welshcakes I have received this email from paul haut today what do you think?

 

Thank you for your emails. Sharon Daboul is currently out of the office on holiday and I am dealing with her caseload in her absence.

I have reviewed your file and note that the Hearing scheduled for 14th August is a Directions Hearing, which the Bank will be attending.

If you have any further queries please don’t hesitate to contact me with by email or phone on 020 7116 8143

Yours sincerely.

Paul Haut

[welshcakes]

Hi Olden

 

You can either submit the DD OR you can hold off and take 3 copies with you to the hearing on the 14th and ask the judge there and then. I personally think it's best to submit 14 days before hearing because judges always appreciate having sight of proposals before the parties enter the room so he can give it a few moments of 'private time' consideration.

 

If you do submit prior to hearing, take in copies on the day anyway because if judge does want to consider it, it shows courtesy to have provision for the other party in attendance.

 

I wouldn't bother contacting BLT again - their email has made it clear they are not interested at the moment in negotiating.

[smutley]

Hi welshcakes I have received this email from paul haut today what do you think?

 

Thank you for your emails. Sharon Daboul is currently out of the office on holiday and I am dealing with her caseload in her absence.

I have reviewed your file and note that the Hearing scheduled for 14th August is a Directions Hearing, which the Bank will be attending.

 

 

If you have any further queries please don’t hesitate to contact me with by email or phone on

[smutley]

mmm dont think my above post worked....

 

Thank you for your emails. Sharon Daboul is currently out of the office on holiday and I am dealing with her caseload in her absence.

I have reviewed your file and note that the Hearing scheduled for 14th August is a Directions Hearing, which the Bank will be attending.

 

Is this usual for Barclays to be saying that they will be attending the Directions Hearing at this stage.... getting scared now!!... does this mean that we will have to speak and argue our case, should we be prepared and take 'some of all of the bundle' with us??

[kashie]

Hello All,

 

Back from Florida where I have been able to escape the hassel of all this claiming for a couple of weeks.

 

Just caught up on the new posts to see that no one has had a settlement yet. I haven't recieved anything in my absence, but my husband did have a full settlement from Citi cards who apparently are really hard to claim from and usually end up taking you all the way to court. Congratulations to him!!

 

Anyway thinking of emailing again in a bit to see if maybe now we are approaching D day they may respond. What do you think?

[kashie]

Emailed Krysta Campbell today and within a few minutes recieved a response email!!!!

 

I couldn't believe my luck and then I read it.....

 

'I am out of the office from Friday 20th July until Tuesday 14th August.

 

My emails will not be checked.

 

If your enquiry is urgent please contact Emma Thompson at:

 

[email protected]'

 

SO;

I have now emailed Emma.

 

Lets see if we have more luck with her.

 

Just thought I'd let you know incase others are dealing with Krysta.

 

GOOD LUCK

[linda1968]

Welcome back kashie, hope you had a good time, we missed your words of wisdom so glad your back

[welshcakes]

Hi smutley

 

The Directions is not full hearing and since this is a mass date in Cardiff, the judge won't be looking to hear arguments ie everyone will I suspect be a quick in and out jobbie.

 

Anyone who hasn't already submitted http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Draft Directions may wish to consider taking 3 copies along and presenting to the judge as a speedy, efficient course for their claim.

[olden]

thanks welshcakes, I will now be copying the draft directions, I am concerned with how I would acquire (if it comes to it) decided cases and other legal materials, and also I don't quite understand what you mean about the covering letter in the section g/h. this talks about the allocation questionaire? there is no AC is there? and how do you turn this into a letter? sorry if I sound a bit dull!!

[saintly_1]

there is a litigations section http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

has the details

[welshcakes]

Hi Olden

 

You can convert it into a letter such as :

 

Dear Sir/Madam,

 

xxxxx v BARCLAYS BANK PLC

In the CARDIFF COUNTY COURT

CLAIM No:*******

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

If the court is in agreement, the Claimant respectfully suggests that the following directions could be made at the hearing as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully,

[nickieee]

I have received a letter from the court "General Form of Judgement or order"

 

saying:-

 

IT IS ORDERED THAT

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10.30am at Cardiff Civil Justice Centre, 2 Park St, Cardiff Cf10 1ET.

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

i wasabout to send my court bundle when i found this thread. All the links to letters in this thread refer to 14 days. Can someone please advise what letter i need to send or should i just send the bundle, i need to do this sharpish because of the 7 working days prior to the 14th.

 

Cheers