Birmingham County Court

[GaryH]

Has anyone got a current claim at Birmingham County Court? If so, please post here with brief details ASAP. Doesn't matter what stage the claim is at. If you have been given notice of your hearing please post the directions you have been given.

 

Birmingham claimants only please.

 

 

Thanks.

[BARTY]

Bump:)

[remus]

struck out TSB bank charges HELP Paul283

[madmaxctr]

I'm in Solihull which is linked to Brum.

 

About to do MCOL probably this weekend.

 

Not sure if it will get transferred to B'ham County Court.

 

Is it a problem if it is???????

[david1961]

Hi Gary

 

I have filed my claim with MCOL and it has been transfered to Birmingham. Lloyds have filed a defence and i am now waiting for a court date - please advise

 

Thanks

David

[GaryH]

I'm in Solihull which is linked to Brum.

 

About to do MCOL probably this weekend.

 

Not sure if it will get transferred to B'ham County Court.

 

Is it a problem if it is???????

No - just let me know if/when it does get transferred there.

Hi Gary

 

I have filed my claim with MCOL and it has been transfered to Birmingham. Lloyds have filed a defence and i am now waiting for a court date - please advise

 

Thanks

David

Ok, thanks. I'll be in touch. I've also just noticed from your thread that they've indicated they may want to settle, so if they do please let me know.

[Nikita Cole]

I have to attend court at Birmingham Civil Justice Centre on 30 July. This is the letter I received:-

 

DISTRICT JUDGE O’REGAN has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 11.00 on the Monday 30th July 2007 at Birmingham County Court, Civil Justice Centre…….

1. This case is one of a number listed on the same date. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.

2. If the claim is settled, the claimant must promptly give notice in writing to the court stating that the claim is discontinued.

3. Any party may rely as evidence on a statement of case (if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth.

4. Any witness evidence of documents to be relied on by the claimant must be filed at court and served on the defendant not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served on the claimant not later than 7 days before the hearing.

5. It will not be necessary for any party to file or exhibit a copy of the OFT report ‘Calculating fair default charges in credit card contracts’ though it may be referred to in any written evidence.

6. Each party must provide its documents and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and names of the parties.

7. No cross examination of witnesses will be permitted, except with the permission of the court.

8. No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence of fact as to the manner in which charges are determined by it).

9. The claimant must include in her bundle of documents a full list of charges disputed, specifying the date and amount of each and the reason given for it.

10. If any party relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing.

 

Nikita Cole

[GaryH]

Ok, I'll get back to you tomorrow morning.

[Castlebest]

Hiya Garry, Castlebest 11 claim will be Birmingham CC, just waiting for my court directions now, whats up ?

 

pete

[david1961]

hi Gary

Just had a general Form of Judgment or order, as follows

 

before DISTRICT JUDGE DAVIES sitting at Birmingham Count Court

 

It is ordered that, unless the claiment by 16th August 2007 files at court and serves on the defendant further written particulars of the claim specifying the name, account number and sorting code of the account referred to, and a list of all charges complained of showing the date and amount of each one and the stated reason for it, the claim shall stand struck out without further order. Copies of statements may be provided, but they must be accompanied by a seperate list showing the charges in a convenient form for use in court.

The Claimant must when filing these particulars at court confirm in writing that he/she has, at the same time, sent copies to the defendant.

 

I dont understand as i have sent a copy of my schedule of charges as per the template as an attachment to my particulars of claim to the court when i filed on MCOL. I even telephoned the court and they confirmed reciept.

I have also sent two copies of my charges to Lloyds Bank and one copy to SC&M

What should I do ?

 

Thanks

David

[david1961]

hi Gary thanks for the email, i have emailed you my email address - I am still waiting for a response from you.

 

Ta

 

David

[GaryH]

Oh yes, sorry David!

 

The new POC's have just been put in the templates library now anyway, so you can obtain them from there. Here you go -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107596-new-poc-n1-lloyds.html

[david1961]

Thanx Gary

Do i send these new POCs as an attachment to my original POCs in a letter format or do I send these in on an N1 form??

[GaryH]

No need for a new N1 - just send them with a schedule of charges attached, and a short covering letter with your name v Lloyds and case number clearly marked, saying please find attached substituted POC's in response to the order of DJ XXXXX dated **/**/**, apologise for the inadequate nature of your previous submissions, and confirm that the new documents have been served to the defendant.

[david1961]

thanx gary

[millie no nappies]

Has anyone got a current claim at Birmingham County Court? If so, please PM me with brief details ASAP. Doesn't matter what stage the claim is at.

 

Also applies to anyone who is just about to file one.

 

Birmingham claimants only please.

 

Thanks.

 

Hi Gary, just strayed upon this message, i am just in the process of being transfered to local court from Northampton, most probably Birmingham. Any ideas what is happening in light of recent events.

Millie No Naps

[GaryH]

The Birmingham cases will probably go ahead. Please inform me as soon as possible (by posting on this thread) when you get notice of your hearing.

 

Thanks.

[david1961]

Gary

Sorry for being thick, but can you help with points 18 (1) (2) & (3) in these new POCs not sure what i should be filling in here.

[speedywheels]

Hi my claim is going through b'ham court.

I don't have a date yet but i have had a letter asking me to send all the details of my accouts and the charges claimed to the defendant and to the court or my case will be struck out also it says it should be in a convienient form for the court to use ??

I have already sent this info to lloyds solicitors once when they asked for it --- what should i do next ???

[GaryH]

Can you post up the order in full please.