MrDinkle Vs Barclays

[MrDinkle]

Hi There,

 

I have a directions hearing at Cardiff on the 14th August, I am seeking some advice as to what I should submit and anything else in general that i should be aware of.

 

I have a couple of days off so I intend to prepare....

 

Thanks for any pointers.

 

Mr D

 

Here is a summary of the order:

 

Before DISTRICT JUDGE R L HENDICOTT sitting at Cardiff County Court.....address....

 

Upon the courts own motion. The court has made this order if its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. Directions will be given in this case by the designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10:30am at Cardiff Civil Justice centre .....address....

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

[smutley]

Hi, Im at the same hearing to... take a look at the Cardiff thread Cardiff directions hearings *POST HERE* think it might help you

[MrDinkle]

Thanks! I did not see the link before I posted and then it was on the frontpage!

 

Having a read now!

 

Cheers

[dar£n]

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

[MrDinkle]

Thanks Dar£n.

 

I am getting really confused, is there any chance that someone can clarify a few points please.

 

I did an allocation questionnaire a few months back and followed advice on MSE for the content, but the link you gave me goes on about sheets to attach to the allocation questionnaire?

 

This is a directions hearing and I am getting conflicting advice as what I need to take and/or send.

 

Also, in light of the OFT test case does the wording of any of these docs need rewording (as I note there is reference to OFT test case in some).

 

Sorry to be a pain, but this is mashing my pea brain!

 

Thanks for any help!

[welshcakes]

Mr D

 

The Draft Directions is something to present that is designed to cut through all the waiting in as much as, if ordered, the bank would have to reveal true charge costs within 28 days (they won't and would therefore lose by not complying).

 

Secondly, GaryH has today added a Statement for opposing Stay; this is something to send if you are notified that your claim has been Stayed and/or to take along to the hearing on 14th in case Barclays apply for a Stay on the day.

[MrDinkle]

Thank you WelshCakes, much appreciated.

 

So just to clarify I need to take and/or send 3 copies of each of the following for a directions hearing:

 

- Draft directions

- Stay Objection

 

What about these:

 

- Representation (do I send this if I can't go?/would I take it if I can go?)

- Allocation hearing witness statement (is this necessary considering I have already submitted an allocation questionnaire?)

- Statement of evidence ?

- Copy of all correspondence with bank?

- Copy of statements with charges highlighted

 

Again sorry to ask these questions, but I can't find a definitive list of what I need to take and/or send.

 

Thank you again,

[smutley]

Hi Mr Dinkle, in exactly the same boat as you... Im going to take all the paperwork that GaryH recommends:

Stuff to take with you;

Bank statements & schedule of charges (in case they want to settle)

Allocation hearing Witness Statement

Draft order for directions &

Reason's why they should be ordered

Copy of this order - page 1 & page 2 (to demonstrate that other courts are already routinely ordering those directions in small claims cases)

Statement of evidence (to refer to if necessary)

*Copy of the text of the Lincoln 'abuse' order

*List of settled cases

 

together with all correspondence/stuff lodged at court/draft directions and the stay objections in case they are needed.... keep in touch Jenny

[MrDinkle]

Thank you for the reply, I am compiling it all now ready. It has just started to freak me out! I may come back to you if I get stuck!

 

Thanks again

[MrDinkle]

From the list of settled cases do I need to print off just 3 x the Barclays ones? Or should i print off all?

 

Sorry if it is a silly Q!

[smutley]

think I will sort by bank and then print off the whole lot... covered them all then!

[MrDinkle]

I just did the barclays ones, but I figure that you might have been more sensible than me so I think I will do that too

 

Is that all of them? or just the completed ones?

[smutley]

sorry Mr D at work so can only check in here now and again!! with regard to the settled claims, I ve just taken a look and think I will do all as down the side of the spreadsheet you get 'concluded' with yes or no, think it would look more impressive list with all of them. Ive not yet printed my stuff to take to the court and I presume you are compiling your info to take with you on the day?

[MrDinkle]

Yup I am.

 

But then the bombshell hit: See page 14/15 Cardiff

 

Looks like we been shafted

[smutley]

more thank likely... but I rang the court yesterday as I am updating my SOC and also put in the new POC with it and the clerk said that all the hearings were going ahead and although he was aware of the OFT case he was not aware of any stays (yet)... so who knows, still got 2 weeks to go - fingers x'd

[MrDinkle]

I rang this morning after reading someone elses and the person I spoke to said that a notification will be issued to all claimants in advance.

 

He seemed pretty certain that all bank charges cases on the 14th have now been stayed.

[smutley]

thats not good... presume we will get a letter from the court soon then... and the next line of attack will be to oppose .. but lets see when the notification comes through

[MrDinkle]

yup exactly what i thought (start looking at N244 forms and the like)

 

The guy said it was about to be issued via post

[smutley]

just submitted a N244 today to update my claim (POC & SOC) I think its £65 to submit, but in my case on working tax credit I think Im exempt, sent husband in with it today so will know for sure tonight if there was any fee..... will be sending husband again with another one soon lol gutted

[MrDinkle]

is it worth me updating my POC and SOC not done that at all....

[smutley]

I did it because I realised that I had calculated my interest wrong (before I knew this group existed) I managed to inflate my claim by about 1K.. thought Id better rectify it... but wondering now what was the point!

[MrDinkle]

from what I can gather I'd imagine that was a sensible move. Just to be proper an all.

 

I am still wading through all the info on here and hopefully will get some clarification. £65 to update my stuff is a lot unless it will have a significant affect on my chances of success...

 

Hope you are ok

[smutley]

think bide your time for a bit, there may be more stuff to send in later perhaps if we get a stay and you can include an updated SOC with that, make your £65 more worthwhile. Im ok, but just gutted, I ve been really wound up about the court date, sleepless night etc., really getting stressed and now it seems for nothing ....and you?

[MrDinkle]

yes, I have been stressing loads the last few days. 3 months into not smoking as well which does not help! I had 90% of my paperwork ready for the 14th by lunchtime today and then got the bombshell so also gutted.

 

I helped my bro in law get his money back from natwest and he was really lucky - 2 letters, a couple of phone calls and a bit of a wait. no court no fuss.

 

Me on the other hand started the ball rolling in Dec 06! typical.

 

I don't think it will be for nothing, we need to keep the faith.