Central London County Court - developments

[pward33]

I have just spoken to Central London County Court, having heard nothing for many weeks after sending in my AQ and thought it might be helpful for other London claimants who may be waiting for news, if I relayed what happened.

 

Apparently all cases (they are swamped with them, unsurprisingly) are going to be listed in mid-July. “We are going to list 100 a day and hope no-one turns up,” in the words of the court official.

 

It’s all very well assuming the banks won’t turn up I suppose, but presumably a lot of the claimants will, so this sounds like a recipe for chaos does it not? Is there anything that can be read into this?

 

He said that the cases were all going before District Judge Avent. Has anyone had any dealings with him? He also said they aimed to give claimants about a month’s notice, so notices should be going out very soon.

 

In my case, Lloyds TSB did not submit an AQ – is this usual? I thought they usually submitted them and asked for a stay?

 

He added that he desperately hoped the banks weren’t going to defend – as he is one of the claimants

[neilwoods]

I think that from the court's POV, 'nobody turning up' for a particular case means that at least one side fails to turn up.

 

So long as the judge is prepared to make default judgements, it makes no difference if one party turns up - s/he can just go ahead with the default,and you would presumably hear in due course that you had been awarded a default judgement.

[pward33]

That's what I was wondering, it's just that in the light of some recent cases, I don't want to tempt fate by assuming the judge is going to be prepared to make default judgments!

[bsia666]

Sounds like the court is trying to manage the flood of claims in a proper manner. If the judge can get through numerous claims quickly, why not ?? ;-)

[Tigs33]

Also by having an actual court date the banks are more likely to pay up/settle before the court date. This is what happened on two of my claims.

[Maximus]

PWard33, have you had any further developments with this? I'm in a very similar situation and have been waiting quite some time for a court date.

 

Max

[pward33]

Hi Maximus,

 

No, still no news I'm afraid. If I don't hear anything in a day or two I will call the court again and keep you advised of any progress on this thread.

 

Cheers!

[Maximus]

Hi Pward

 

Just to let you know I have been given a 'preliminary hearing' for July 23rd with Judge Avant where they are grouping a number of similar cases (I guess bank charges cases) together to save time and cost, apparently. Hopefully you have received something similar?

 

I was wondering if this constitutes an 'actual' court day as far as the bank are concerned in terms of making offers before the date occurs or if it is something different ... if so how might they react to this news?

 

M

[pward33]

Hi Maximus,

 

I'm unexpectedly away for a few days so suspect my letter will be waiting for me when I get back at the end of the week!

 

My guess is that this will, if you say it's a "preliminary hearing", just be for directions, rather than a full hearing, but then why do we need a directions hearing when we have sent in AQs and (certainly in my case at least) a draft order? Surely the point of doing that was to enable the judge to make directions without a hearing.

 

Hmm ... this is something we need to look into. I'll post again when I get my copy of the letter, but meanwhile the views of others would be welcome

[MEOB]

Hi Maximus,

 

It might if you contact the Bank's Lit. team and fail to mention the word 'Preliminary'.

[Maximus]

Hi MEOB

 

I get your drift! But is there a standard way of contacting banks at this stage to an encourage an offer/settlement?

 

I'm quite well versed on how to proceed up until this stage (with a couple of other succesful smaller claims) but this is now new territory for me!

 

I assumed you basically sit tight and wait for the date (preparing as if it will be going to court) and hope that the banks make an offer the closer the date gets?

 

Any advice would be appreciated ...

 

M

[Maximus]

I should also add, in my case it was

 

'ordered that:- the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise'

 

Max

[Camdenite]

Hi All, I just spotted this thread. I'm currently claming against Abbey (Camdenite Vs Abbey thread) and have a Preliminary Hearing with Judge Avent on the 17th July at Central London CC (100 yards from Abbey's head office!)

 

The wording of the Order form the court indicates that the judge will throw out the case if either side fails to turn up. Am I getting carried away in believing that the court wants to resolve this quickly rather than set a date for the case?

[glamorgeous]

Hi - I too have a preliminary hearing on 17th July (11am)- and when I spoke to Barclays today (Tom Hickey) they said they are sending a barrister.

 

I am sending the court bundle, along with a letter, as written representation.

[Camdenite]

Anyone heard anything more from their bank regarding these preliminary hearings? Has anyone had them make an offer? I've not heard a peep from Abbey and wondered if they can apply for a stay or appeal if their defence is struck out?

[Maximus]

Hi Camdenite

 

My date is the 24th, so a week later than yours, but I still haven't heard anything from Cobbetts [Natwest's lawyers] since this date was announced.

 

I guess as it is not a final court date, they are holding fire on making any offers or correspondence - as they don't need to? They seem quite adept in brinkmanship!

 

It will be interesting to see if the banks do send anyone. I'm going to take the full court bundle as a precaution. How about you?

 

It seems this is new territory for everyone, so it is difficult to know what to advise.

 

Maximus

[Camdenite]

Hi Maximus,

 

Everything I've been told on my thread (Camdenite Vs Abbey on the Abbey forum if you want to have a look) says I won't need to bother with the full bundle and just to take along the relevant Preliminary hearing paperwork.

 

I'm a little nervous though and will probably just print off anything that looks remotely relevant.

 

One final point, had you & NatWest already filed AQ's? In my case Abbey & me filed them some time ago, yet Judge Avent still wants to have a preliminary Hearing to decide which track the case will go through. I find that a bit odd:confused:, don't you?

[pward33]

Just to let you know I have been given a 'preliminary hearing' for July 23rd with Judge Avant where they are grouping a number of similar cases (I guess bank charges cases) together to save time and cost, apparently. Hopefully you have received something similar?

 

 

Yes, Maximus, I now have a date for 24th. I am going to post the entire order below so we can see if they're all exactly the same - I guess they will be.

 

 

Maximus, I thought I should point out that above you say you have a hearing on 23rd, but later in post No 16, you say you have a hearing on 24th. Just thought I'd mention it in case you inadvertently turn up on the wrong day :o

 

 

ORDER

 

 

1) There will be a preliminary hearing of this case (and in several others which raise the same or similar issues and involve the same Defendant) at a time and date to be notified to you with this Order.

 

 

2) The hearing is intended to give directions for the hearing of some or all these cases in a way which saves time and expense.

 

 

3) It is hoped that 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 3 clear days before the hearing.

 

 

4) In the event that one or both parties fail (either in person, through a proper representative or in writing) to attend the hearing the Court shall make such order as it sees fit including striking out the Claim and/or Defence, as the case may be.

 

 

5) Notwithstanding the value of any claim and whether it falls to be allocated to the Small Claims Track or otherwise it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to them all.

 

 

6) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of sevice of this Order.

 

 

[pward33]

Everything I've been told on my thread (Camdenite Vs Abbey on the Abbey forum if you want to have a look) says I won't need to bother with the full bundle and just to take along the relevant Preliminary hearing paperwork.

 

I'm a little nervous though and will probably just print off anything that looks remotely relevant.

 

The thread below seems to indicate what needs to be taken to the preliminary hearing, but can any mods just reassure us that a preliminary hearing will definitely by just that; there's no way we can be "bounced" into a full hearing, or examined by the judge there and then on the legal merits of the case? I'm just nervous because I'm not sure WHY there's a prelim when AQs were supposed to serve this purpose (although in my case I believe LLoyds never bothered sending theirs in!)

 

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

[Camdenite]

Thanks pward33. That's my main concern at the moment. Thankfully for you all, it looks like I'm first in with Judge Avent . I'll be posting around lunchtime.

 

It does indeed look like we've all had the same Court Order irrespective of whether AQ's have been filed.

[pward33]

That would be wonderful, Camdenite, if you could post after your hearing. I don't envy you "going first" as it were but it would be hugely helpful to those of us going in a week later if we have the benefit of your experience. Thanks in advance and good luck

[Camdenite]

I've been trawling for a week and cannot find anyone earlier than 10.00am on Tuesday 17th. I'll be on lhere and my abbey thread loads over the weekend so will keep you posted with any info I pick up ahead of Tuesday.

[pward33]

Appreciated

[jontah 2006]

I've been trawling for a week and cannot find anyone earlier than 10.00am on Tuesday 17th. I'll be on lhere and my abbey thread loads over the weekend so will keep you posted with any info I pick up ahead of Tuesday.

 

hi, would you be kind enough please to let me know how you found out that you were first?from my limited experience, the first time i went to court, i was told 09:30am; i DID NOT realise that EVERYONE ELSE had been told 09:30am.i wasn't 'seen' till about 12:15 or thereabouts.

[Camdenite]

OK. I'll re-phrase it. Of all the people that have posted on here or MSE concerning Judge Avent's busy week, no-one has given a date or time prior to 10:00am on Tuesday 17th.