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Claim to Trial


archie123
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Hi All

hope this isnt a silly question but in my Genral Form of Judgment from court recieved yesterday in the 3rd paragraph it says that if the claim is not settled or remains in dispute after 19th september the DJ will at that stage if possible without hearing give further directions to progress the claim to trial.

in a bit of a panic now as have not seen the word TRIAL mentioned in county court proccedings before or am i just being a scaredy cat and not looked properly.

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thanks for reply that makes me feel better

the other directions are

1.The Claiment to file at court and serve on the defendants by 4pm 8th august a paticularized schedule setting out individually each sum which he says the defendant has taken from his account unlawfully and the date on which it was taken.Indefault the claim will be stuck out without further order on the time date specified herin ( i have copys of the charges claimed that i sent to bank at beging of claim and copies of statements so that what i assume i need to send).

2.Thereafter the claim shall be stayed for settlement untill 4pm on 12th september 2007.

3. Not later than 4pm on 19th September 2007 the defendants solicitors shall file at court and serve on the Claimant a notice indicating whether the claim has been settled or not, and if not what issues remain in dispute and why. If the claim has not been settled the DJ will at that stage if possible without hearing give further directions to progress the claim to Trial.

4.Leave to either party to apply to set aside or vary this order by 4pm 25 august 2007.

if you have any more advice i would much appreciate it thanks again, it all seemed straight forward till now but im sure thats what they rely on to put people of.

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It looks like you have to send off your schedule of charges to your court and DG. Make sure that it has your details on it i.e name, account number and claim reference number. make sure that your schedule amount agrees with your claim and then add onto the bottom the interest amount that has accrued to date. Send the one to DG with a letter saying someting like:-

 

Please find enclosed my schedule of charges as requested in the order from the court dated xx.xx.xx.

 

then follow on with some of the stuff from the nudge letters saying that should they wish to settle you will be preapred to accept £xxxx.xx, which is made up of £xxxx.xx relating to charges levied for the period xx.xx.xx to xx.xx.xx, £xxx.xx relating to statutory interest @ 8% and the court fee of £xxx.xx.

 

don't forget to put in whether you want the repayment by cheque or straight into your account and that you do not agree to any clause of confidentiality and you reserve the right to any future claims.

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Archie,

 

This letter you received, how long was it after you initially filed your court claim? So far, I have filed my claim and received a letter from the court telling me that the defendant (Barclays) have aknowledged my claim. Am I likely to receive a letter like yours? I'm just not sure when I should send my schedule of charges to Barclays/Court.

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Hi Glamourpuss. If you filed your claim online then you should have snt a copy of your schedule of charges to MCOL after you filed the claim and requested them to attach it to your claim. when you received the acknowledgement, you then should have sent a copy of your shcedule of charges to barclays solicitors.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

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glamourpuss vbmenu_register("postmenu_1042141", true);

1st filed online on 2/5/07 HSBC defended 9/5/07 i recieved their defence 1/6/07 then transfered to my local court 13/6/07 then recieved this last form 26/7/07 , so its not been a very fast process, i must say though that it seems all claims are different i know of one that settled on 1st request and another that once fileld an offer was made, and my daughters once court date set they again payed and yet with mine they seem to want to go a bit further so i wouldnt say you will recieve any paticular letters or forms, i will say though this site is invaluble for advice and guidance on whatever you recieve

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