Preliminary Hearing Regarding Bank Charges Claim - Advice Please.

powerful_Rogue · 12 October 2006 at 9:46PM

Im currently going through the process of claiming back my bank charges from Barclays.
Ive filed a claim with the court and sent of a allocation questionaire around 4 weeks ago.

Received a letter from the court today stating:

EXPARTE

IT IS ORDERED THAT

This matter be listed for a Preliminary appointment to discuss allocation/directions/summary disposal on Friday 24th November 2006 at 1030am.

Can anyone shed any light of what the means or involves?
Ive been reading numerous forums about bank charges but never seen this mentioned before.

Any help is greatly appreciated.

Bossyboots · 12 October 2006 at 10:14PM

This means you will have to go to court for progress of the case to be considered. Has Barclays filed a defence? Most people on here have been successful by default in the absence of a defence being filed. If you can agree settlement before the hearing, it can be disposed of on the first hearing, otherwise directions can be given as to what happens next for conduct of the case.

powerful_Rogue · 13 October 2006 at 9:57PM

Bossyboots wrote:

This means you will have to go to court for progress of the case to be considered. Has Barclays filed a defence? Most people on here have been successful by default in the absence of a defence being filed. If you can agree settlement before the hearing, it can be disposed of on the first hearing, otherwise directions can be given as to what happens next for conduct of the case.

Thanks for your reply. Barclays did file a defence. Appears it was the bog standard defence sent to everyone.

I have heard nothing from Barclays since I sent the court my allocation questionairre.

StockportGerbil · 5 February 2007 at 11:30AM

Folks :-
I've got a court date of 22nd February for a preliminary hearing (I'm taking on Barclays for £1200 charges on behalf of my son.) I phoned up the court and was told not to send a court bundle - if any further documentation was required then it would be asked for on the 22nd.

What exactly is a preliminary hearing? Has anyone else been to one of those?

Thanks

Kevin

Rex_Mundi · 5 February 2007 at 11:38AM

Don't worry too much about this. A preliminary hearing can be ordered for a few reasons................

The court considers that special directions are needed to ensure a fair hearing.

The court thinks it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions.

To enable the court to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing.

You need to turn up for this to see what the judge wants to do with your case.

StockportGerbil · 5 February 2007 at 11:43AM

Thanks for the reply.
Does this mean a representative from Barclays is going to turn up?
Can I turn up instead of my son - who certainly wouldn't fancy being subjected to legal scrutiny?
Thanks again
Kevin

Rex_Mundi · 5 February 2007 at 11:45AM

StockportGerbil wrote:

Thanks for the reply.
Does this mean a representative from Barclays is going to turn up?
Can I turn up instead of my son - who certainly wouldn't fancy being subjected to legal scrutiny?
Thanks again
Kevin

If Barclays don't turn up. You will have a very good chance of winning the case there and then by default.

You can't go instead of your son. You can go along with him and speak on his behalf as a 'lay representative'. Your son MUST be there with you for you to do this.

Nicky321 · 25 February 2007 at 11:39PM

I am in the final stages of reclaiming my bank charges, after sending for 6 years worth of statements back in August 2006. Yesterday Saturday 24th February 2007 I received a letter from court telling me that my Directions Hearing will be on Monday 5th March 2007.

Has anyone been to a Directions Hearing and could they tell me what to expect?

cheers

Edinburghlass_2 · 25 February 2007 at 11:57PM

There is a thread about this somewhere, if you hang on I'll find it.

Nicky321 · 26 February 2007 at 12:07AM

Thanks, ive tried to look around on here and several other websites but couldnt find the answers.

thespaceshanty · 20 April 2007 at 12:03PM

Hi Guys,

I need some advise please, I started my court preceedings back in January and have now heard back from the court, I have been asked to attend a Preliminay Hearing on July 18 which is really dragging out my case!!!

Do you think I could ask Barclays if they would normally attned this as I am sure they should but would not have the time to do, that way I could ask them the best course of action and whether to settle now as the interest is just going to keep mounting up until my court date which could be August/September time!! :O(

Any help/advise would be great.

Many thanks

Preliminary Hearing Regarding Bank Charges Claim - Advice Please.

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