Directions Hearing 1st August

[reddannio]

Hi,

 

I have a Directions Hearing next week (Aug 1st), despite Paul Quinns claim that they 'want to settle' and i would hear something 2 weeks before, i have heard nothing. Not that im suprised by this but just wanted some advice on what happens now. I actually cant make the hearing next week but if i absoulutely have to go what do i need to take with me ? The court didnt request i send anything so i have no court bundle or have not sent Draft Directions etc. Just need some advice really.

 

Thanks

[dar£n]

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

 

you havent heard because it is only a directions hearing.

 

however, the judge MAY decide to make a ruling on the day so go prepared.

I would have your bundle ready and poss the courts in case the judge wants it, make sure your figures are up to date too.

[reddannio]

I realise its only Directions hearing but they seemed to be settling before these previously, has their policy changed ? I am on holiday next week (1st) so could i phone court and send in something for the judge or is there really no way.

 

Thanks

[welshcakes]

May be a bit late, so check by ringing the court to see if they'll accept a written representation this near to date. If they say yes, send in :

 

 

Dear Sir/Madam,

 

 

 

xxxxxxxxxxxxx v BARCLAYS BANK PLC

In the xxxxxxxx COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [give the reason you can’t attend] As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully,

 

 

 

 

 

xxxxxxx

 

 

Then attach the Draft Directions from http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148

[reddannio]

Thanks Welsh. Phoned the court and it appears the judge will not be present until th emorning of my hearing. The lady said i could send it and he would read it on the morning of my case but when i asked if my claim could be strucj out she didnt seem too sure but said "yes possibly". So probably not worth taking the risk. I'll have to get there somehow.

 

On another note, just been reading other threads where people have sent their SOCs to the court. I dont remember doing this although i have sent Barclays several updated copies. Should i have done this ?

 

Thanks again

R

[dar£n]

people have sent their SOCs to the court. I dont remember doing this although i have sent Barclays several updated copies. Should i have done this ?

Yes a copy should have gone to both parties,, take one with you to be added to your file...make sure its updated [with todays interest etc]

 

good luck

[reddannio]

Thanks dar£n

[reddannio]

Well i think i am all set for DIrections hearing later today. I am taking :-

 

SOCs

POC

Draft order for Direction

Objection to Stay letter

Prelim letters to bank

LBA

 

 

DO i need anything else ?

 

[bbch60]

Good luck Reddannio

 

Hope you get a positive result. Which court are you attending?

[rob-the-viking]

Good luck mate! I've got a directions hearing at the end of the month so let us know how it goes and what to expect.

[reddannio]

Well what a waste of time that was. Case was stayed.

 

When i arrived i was introduced to Barclays Solicitor (the judge later infromed me was the first time they had sent representation, just my luck), a Mr Connolly. Nice chap actually. We had a brief chat before the hearing where he informed me they were to request a Stay. I had my copies of my objection to the proposed Stay letter and let him have a copy. He seemed a bit suprised by this and looked through quite thoroughly and asked if i was a solicitor, LOL.

 

The judge basically said that they had requested the stay and asked if i had any objections, i obviously said i had, handed him the document i got from this site (forget where now) and outlined the brief points about European Rights Act and the timeframe of the case involved, maintaining the Status Quo etc etc. To be honest he only skimmed through it and didnt seem interested in what i had to say as he had made his mind up. I argued that this was a small amount to the bank but a big amount to me. He responded that if the test case went in the banks favour then that would be irrelevant as he did to my point that the bank would continue debiting charges from my account, to that he said if the ruling goes in their favour then the charges would be legitimate. About the length of time the test case could take (between 3-5 years) if there is an appeal he said this case could be moved to another court and then the court of appeal so could take longer. At that point i knew i was wasting my time.

 

For anyone going there is nothing to be affraid of, i thought i put my points across well but it seemed they had already decided. I left feeling thoroughly pi55ed off. More through the extra time id wasted and appointments i had to cancel today. Both the judge and Solicitor told me that only a week earlier they were setlling all claims.

 

Red

[GuidoT]

Which court please?

[reddannio]

Nelson County Court. I didnt get the judges name.

[smutley]

what a disappointment Red, not much hope for us at Cardiff on the 14th then - my barclays bank is the NELSON branch - all this stress for nothing

[reddannio]

Hope you get a judge who takes a different view.

 

What are the chances of getting the Stay lifted ?

[pjdavies2000]

sorry Red,

 

Sounds like you put your case well, and have been hampered by this OFT case. I really feel sorry for you and everyone else in the same situation, especially those who have been waiting months for these cumulative cases to come to court.

 

I would think years is probably hopeful on the Barclays side, but if it did get appealed against, then it would be something of a lengthly case...

 

I'm sure at some point someone, somewhere, will be looking at how a case against these stays, direct to the Europena Court of Human Rights, can be sought...so fingers crossed for you and everyone else!

 

Peter

[rob-the-viking]

Gutted for you Red, this doesn't bode well for anyone with a hearing coming up, hopefully a different court/judge might take a different view.

 

Is there anything else you can do?

 

r-t-v

[Audreygreeneyes]

Red have a good look on the site for they stays thread. also go back to the OFT site as I am positive that it says this initially is only for 2 months and the banks must inform customers in writing if they are applying for a stay and if they fail to adhere to the agreed rules then the oft will revoke this waiver....

 

There are a lot of good stay arguements on here. I would not accept this judges ruling and apply for it to be lifted............

 

good luck

[Audreygreeneyes]

However, we have set out a number of conditions that firms must meet in dealing with their customers while the waiver is in place. For example, firms must ensure that their customers are updated on developments of the test case. The FSA also expects firms to continue dealing with any cases of genuine financial hardship during the waiver period – see the Banking Code for how firms can help in these circumstances

[Audreygreeneyes]

you have just been made an offer of settlement by the bank/building society

You can accept the offer or wait for the outcome of the test case. You have two months to decide if you want to accept or reject this offer.

If you decide to wait for the outcome of the test case, you won't then be able to take up the original offer.

[Audreygreeneyes]

1. How will the FSA know if the waiver conditions are being met?
   The FSA will review compliance with the conditions in the waiver regularly to make sure consumer interests are protected. We can revoke the waiver at any time if we are no longer satisfied that the waiver is appropriate.

[reddannio]

Thanks for your support guys. I will look into appealing but i have had enough of it all for one day. The more i think about it the more i am amazed at the judge's response that it is basically ok for them to carry on taking £30 charges out of my account until after the test case as it may go in their favour. How on earth are they going to justify a £30 charge, especially with full disclosure. Cant see the logic in that.

 

I need a drink.