General Form of Judgement or Order

[akje]

Please Help; getting very nervous!!!

 

I have today received a “General Form of Judgement or Order” from Cardiff County Court and have no idea what it means or what I do next.

 

It states:-

 

Before District Judge Hendicott, sitting at Cardiff County Court, Cardiff Justice Centre

 

Upon neither party attending

 

IT IS ORDERED

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge Hickinbottom on the 14th Auguest 2007 at Cardiff Civil Justice Centre

 

2. The parties my appear in person or make written representations as to how the case should proceed provided a copy of the representation is sent to the Court and the other side 7 days prior to hearing.

 

Thanks in advance

[zootscoot]

Hi Akje,

 

I've moved your post so that you have your own thread

 

Can you tell me what you are claiming and who from?

 

Best wishes

 

Zoot

[daveybuh vs A & L]

Hello akje,

 

Im also at exactly the same stage with exactly the same letter received.

 

Im claiming £1125 against Alliance & Leicester on behalf of my girlfriend, having following the guided steps of MSE up to this point.

 

I would now appreciate some help on court bundles etc. and what the "General Form of Judgement" is about as deltailed in the above thead.

 

I will be ringing the court tomz to make sure no AQ is needed and then writing a nudge letter to Wragge & Co the solicitors.

 

I will keep u posted on my progress but need some reassurance that Im doing things right.

[akje]

Thanks for the response, i am claiming aginst the abbey for circa £3k; I have submitted the following witness statement as a nudge; the court has confirmed its ok to enter as a request for directions.

 

CLAIM NO: XXXXXXX

In the Cardiff County Court

 

AKJE

Claimant

-AND-

Abbey National PLC

Defendant

CASE SUMMARY

________________________________________________________

1. I am the Claimant in this case.

2. On the 24th March 2007 I wrote to the Defendant requesting a refund of charges.

3. On the 12th April 2007 I wrote again to the Defendant requesting a refund of charges and advised I would file a claim should I not receive a satisfactory response.

4. On the 26th April 2007 I wrote again to the Defendant advising I would be filing a claim as I had not received a satisfactory response to my two previous requests.

5. On 1st May 2007 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim (attached).

6. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

7. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

8. A list of charges applied is attached to this Case Summary.

 

9. The Claimant contends that:-

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.

10. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £2510.

ii. Court costs (MCOL court fee of £120.00).

iii. Interest of £444.62 (as calculated at 24.03.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

11. The Claimant respectfully requests that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. The Defendant to file at the Court office and serve me details of their internal charging system and associated internal costing structure

c. I understand that it is in the Courts discretion to do so.

[daveybuh vs A & L]

Its seems you're on top of everything then, you're the 4th person Ive found with that letter from Cardiff CC with the same time and date. Must be some kind of mass meeting of people vs banks.

 

Are you going to turn up or just post your nudge letter and wait for directions?

 

Are you claiming bank charges or mortgage payment as the thread suggests?

 

Anyway see my response I recently posted on the MSE website.

 

I have 2 friends in the legal business and have explained what the letter entails. Ive quoted the response.

 

Don't worry its not a trial, it is just a short hearing where the parties (ie Kath and the bank) get a chance to say how they want the case to proceed. The judge will just give you instructions of what to do and by when - such as what evidence he wants from both parties (bank statements or overdraft agreement etc) and a date will be set for when the case will be heard fully and where. No indication will be given of what the judge thinks at this point or whose favour, its really a matter of setting a date in the diary for a full hearing and for the judge to tell you what he wants you to bring with you etc.

The bank will probably send you something shortly before the hearing detailing what orders they want the judge to make. These are basically like requests put to the judge, he doesnt have to agree to them. For now I would just wait and see what orders the bank intend to ask the judge to make. You may find that closer to the date they will make you a revised offer.

 

 

Please see http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html which gives excellent info on what should be sent to court to influence the judge to raise directions in your favour.

[Sianfox72]

Hi

 

Hope you can help I got a general form of judgement or order from dartford county court. This was a surprise as knew nothing about going to court for anything .

It's states :

Upon application of 12tg June having not been lodged at court until 17th June the claimant ( south east water) having failed to comply with CPR 71.3 or 71.5

 

It is ordered that

1- application dismissed

 

2- the court has made this order of it own initiative . You are entitled to apply to have this order set aside, varied, or stayed but must do so within 7 days from the day on which us order is served upon you or such a other period as may be directed above

 

Dated 13th June

 

This is all this letter says and I can get hold of dartford court to find out what this is what I do!!!

 

I've now had a bailiff at my door twice demanding money and I'm not sure wether I should be paying something or not as I read the letter that it got thrown out of court and the bailiff letters have that it went to court in February!!! I'm very confused and if anyone can help I'd be really thankful