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Limitation Hearing (Is this right?)


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Hi All,

 

I have just recieved a court date for Case Mgmt Conference hearing in September for the Judge to consider striking out parts of the claim relating to bank charges pre March 2001. Cobbett sent a copy of their AQ to me which states they intend to make applications for a strike out (on the basis some charges are limitation barred). No applications were made actually made in the claim at AQ submission. The judge has not allocated the case to any claims track yet.

 

Is it normal for a judge of his own accord to direct matters this way when the bank has not yet filed an application but only indicated they will consider doing so in future (in the AQ). Any advise towards this will be greatly appreciated. :-?

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Is it normal for a judge of his own accord to direct matters this way when the bank has not yet filed an application but only indicated they will consider doing so in future (in the AQ). Any advise towards this will be greatly appreciated. :-?

 

I don't think it is normal but they certainly can. However, they won't just strike out your claim. The court may say they intend to strike it out and give you time to respond. Read this thread for ammunition: http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

Steven

 

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Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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I myself have had a successful claim with 1.5 years of it pre- limitationhttp. I have requested a moderator to look at this for you. http://www.consumeractiongroup.co.uk/forum/natwest-bank/83479-11-week-wait-interesting.html#post747812

Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks Parkvale and Steven6064, needed some assurance that the directions were reasonable enough to say the least. After the Lloyds episode one has to thread carefully..:)

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Thanks Parkvale and Steven6064, needed some assurance that the directions were reasonable enough to say the least. After the Lloyds episode one has to thread carefully..:)

 

What 'the Lloyds episode' teaches us is that we should be prepared

 

Steven

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Sansho,

 

Yes the court can order a cmc and can raise the possibility of strike out wthout an application. In fact there has been an instance where the judge struck out a claim which was wholly based on pre-6yrs charges and simply gave the claimant the opportunity to object. The claim was eventually settled.

 

Did you refer to s.32 Limitation Act in your PoC?

 

Which court is this?

 

How much is your claim and how much of this is pre 6yrs?

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Did you refer to s.32 Limitation Act in your PoC?

 

Sansho,

 

You can amend your POC to include s32 wording - you will need to fill in an N244 (this will also cost £35) - I'm not sure whether you can do this post AQ - you must be able to?.

 

I also have a hearing coming up and I also have s32 issues - so you are not on your own ;)

 

Good Luck

 

G

Gr4th

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