Ninian2712 V First Direct

[NINIAN2712]

AFTER FILING A CLAIM VIA MONEY CLAIM ONLINE, DG SOLICITORS FILED A DEFENCE AROUND THE 26TH DAY FROM ACKNOWLEDGMENT.

 

THE CASE HAS BEEN TRANSFERRED TO CARDIFF COUNTY COURT. I WAS NOT SENT AN ALLOCATION QUESTIONNAIRE AND WHEN I CONTACTED CCC I WAS TOLD THERE WAS NO FEE TO PAY ??????

 

ANYWAY I HAVE NOW RECEIVED A "GENERAL FORM OF JUDGMENT OR ORDER" WHICH SAYS ....

 

Upon the courts own motion. The Court has made this order of its own initiative without 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. 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 Street, 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.

 

Dated 17 May 2007.

 

 

 

 

 

WELL THIS IS ALL VERY EXCITING BUT I ADMIT TO BEING FOXED AS TO EXACTLY WHAT IS HAPPENING. I INTEND TO CALL THE COURTS TOMORROW SO THEY CAN SHED LIGHT ON THIS .....

 

REGARDS, NINIAN2712

[mack1969]

how much you claiming if you don't mind me asking?

[NINIAN2712]

Hi. I am claiming in the region of £1900 in total. Charges + Interest + MCOL fee.

 

Regards,

 

Ninian2712

[dar£n]

 

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 Street, 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.

 

See here for details on DIRECTIONS HEARING:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[dar£n]

Now what you COULD is:

Contact the Litigation Team for FD, tell them you have a court date [DO NOT TELL THEM IT IS ONLY A DIRECTIONS HEARING]..They will assume they have missed your claim in the mayhem and be willing to discuss settlement.

 

What you got to lose?

[NINIAN2712]

Hi Dar£n,

 

I have spoken to the court and they said simply that it is a directions hearing. I asked if I needed to bring anything with me and they said only the stuff you have already sent to us. I haven't sent a thing though. Since filing my claim with MCOL the case has reached this point without my being asked to send any documentation. If I contact the solicitors under what guise should I be contacting them with reference to the case ?

 

Regards, Ninian2712.

[dar£n]

Right, you need to send a copy of your updated SOC's to both parties asap [recorded delivery].

 

I know its a directions hearing, In my post did you think i was talking about contacting the court?

 

I wasnt, I was on about contacting the bank.

[NINIAN2712]

Hi,

 

no I did realise you meant contact the Bank (or their solicitors?). When I said I had contacted the court this was to update my original post.

 

What is an SOC ? I only stumbled on this site last night. Until now I have been using Money Saving Expert. I'm not overly familiar with the lingo.

 

Regards, Ninian2712

[NINIAN2712]

Oh I see, statement of charges. I can organise this. Out of interest what is the purpose of sending these to FD's solicitors ?

[mog699]

Hi NINIAN2712,

 

Just reading your post, I have recieved the exact same letter albeit dated 12th May with the very same hearing date and time. I wonder if the judge will be conducting a large directions hearing altogether.

 

Just out of interest what action have you taken before attending court (if indeed you are attending).

 

I'm a little lost as to what to do prior to this hearing.

 

Regards

 

mog699

[sassy51]

just read your post and I too have the same date and time and judge!

like you I am not sure what to do next but at least now I don't feel alone!

[NINIAN2712]

i'M NOT SURE WHAT I AM GOING TO DO. WHEN I SPOKE TO THE COURTS BACK WHEN I HAD THE LETTER I WAS TOLD I DIDN'T NEED TO DO ANYTHING AND THAT THEY DIDN'T NEED ANYTHING FURTHER FROM ME. I WAS PLANNING TO RING THEM IN THE DAYS LEADING UP TO RECHECK IF I NEED TO ATTEND BUT I WAS ADVISED I WOULDN'T. IT SEEMS THIS DIRECTION HEARING IS A PRE-HEARING TO DECIDE WHICH COURSE THE ACTION SHOULD TAKE. HAVE EITHER OF YOU SPOKE TO CARDIFF COURTS ???

 

REGARDS, NINIAN2712

[sassy51]

My letter is asking that everything I intend to use be sent to the court 7 days before thw hearing. Did either of yours ask for this?

[sassy51]

I have just spoken to cardiff court and have been told by them that a) I need to attend and b) I need to send everything that I am going to rely on to both FD and the court. does this mean a full court bundle?