Urgent advice needed court date 15th June

[thepowderroom]

Hello

 

I have just been advised of my court date as 15th June 2007 at the Royal Court of Justice, Strand (tranferred to the London Mercantile Court based within Royal Courts of Justice). I Quote from the letter " There will be a Small Claims Hearing in this case and in several others which raise the same or similar issues on 15th June. The hearing is intended to give directions for the hearing of some or all these cases in a way which saves time and expense. It is hoped all parties will attend but if this is not practicable the court will be pleased to consider the written views of any party provided that these reach the court by no later than 12th June." unquote - can anyone enlighten me as to whether i still use the basic court bundle? I have sent all schedules of charges, with dates etc of when charges applied and amounts plus statements - to court and defendant twice already. Please advise of what further to do - my claim is for a total of £6,500 approx

 

thanks very much for your advice X

[Mad Nick]

Hi, spotted your urgent post lurking unanswered. From what I've read, as it's a Preliminary Hearing, I don't think you actually need to submit a Bundle yet (that comes in response to the Directions which this hearing is to decide). But you need to prepare (and attend) as if it's the full monty - ie be ready to argue your case. Chances are Abbey won't turn up in which case I would try to avoid arguing your case (look what happened to poor Mr Berwick). I would also try PMing a MOD (eg Gary) - they are only too willing to help when claims get to this sort of point (ie Mercantile). Regards Mad Nick

[Lula]

It will probably be settled before then, they hate the Merc ROFLMAO

[GaryH]

Hi thepowderroom,

 

Have you heard anything from Abbey yet? You've not got long to go to the hearing now so you need to prepare. As Mad Nick said its only a prelim so you don't need your full bundle or any evidence at this stage.

 

If you want to write representations rather than attend then you only have until tomorrow to submit them, so I suggest you go instead.

 

Take the draft order for directions to propose to the judge. The Mercentile are keen on them apparently so your likely to get them ordered.

 

The judge will probably give directions for the claim to proceed to the mercentile, perhaps as a test case, but the costs provisions of the small claims track should still apply. You need to argue that they should anyway, becouse of the uneven footing between the positions of you and the defendant - I.e. they can bear costs exposure wheras you are an ordinary consumer who couldn't.

 

It seems scary but the important thing to remember is as Lula said above - Abbey will not go anywhere near the Mercentile. Even if you have to go to the prelim this week then I can guarentee that they'll pay up very soon after that.

 

You could in fact give Abbey a ring tomorrow and remind them of the date on Friday and ask if they are planning to send a representitive.

[thepowderroom]

Hello have heard nothing yet - i acutally spoke to a Clerk of Court who advised me to ring Abbey and say i would be attending and intend to follow this through - that is what they have been advising their claimants re. penalty charges - she also said no solicitor has been appointed by Abbey National - i have chosen not to ring abbey National as i thought that would just be too easy and if they turn round and say no to my claim and decided to contest i would be devastated so have made no communication whatsoever - am attending 9.30 friday morning - she told me i do not need anything prepared Judge Mackay is really charming and helpful so not to worry - so i am going to take all my documentation - leading up to this point and my draft directions and nothing else - i have not prepared any bundle as firstly i have just lost my mother very recently and am in and out of hospital with little daughter who is ill and it has taken just so much energy to get to this point - any advice most gratefully received kind regards to all who have responded

[GaryH]

Its ok, you don't need a bundle anyway. Its only a prelim hearing.

 

Here you go, theres a couple of useful prelim hearing bits and pieces linked here that you can take with you -

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

I suggest that you take a list of settled claims and when Abbey inevitably don't show up ask the judge to give you judgement there and then. You can show him all the other claims they've settled and suggest that they are more than likely wasting everybodies time.