General Form Of Judgement or Order

reecos · 6 February 2007 at 12:14PM

Hi all

I sent of my AQ at the begining of Jan to meet the Jan 23rd deadline. I got a letter from my local court last week to say that my case had been transfered to Cardiff County Court (this is ok as Cardiff is local to me).

I received a 'General Form of Judgement or Order' today, which read as follows:

Before DISTRICT JUDGE R L HENDICOTT sitting at Cardiff County Court, Cardiff Civil Justice Centre, Cardiff.

Upon the Courts own motion. The Court has made this order of 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 26th March 2007 at 10:30 am at Cardiff Civil Justice Centre.

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.

Dated 01 February 2007.

What does all this mean?

Thanks In Advance
reecos

(Have also posted this on CAG website)

Rex_Mundi · 6 February 2007 at 1:13PM

This looks like the judge wants a meeting to decide how to proceed with your case. This could be good for you.

I would turn up for this. You have an opportunity to point out that the banks aren't letting these cases get to court in the vast majority of claims. See THIS THREAD (maybe print out the article and take a copy with you). The banks actions are wasting the courts time by either not settling at a very early stage, or defending their charges in court. By dragging these court cases out, they are also trying to intimidate the claimants into dropping their claim.

You could also mention that the only way the judge would properly know if these charges are punitive in nature, or reflect the banks true costs is if the bank discloses their costs regarding your charges. He can either order standard disclosure or issue a Draft Order for Directions to require the bank to disclose their true costs in court. If he grants either of these, the bank will VERY LIKELY not take the case to a hearing. They will not want to disclose their actual costs.

reecos · 6 February 2007 at 1:49PM

Thanks for this Rex

I will make sure that I can attend that day and will start getting my evidence together.

reecos · 6 February 2007 at 1:53PM

When returning the AQ I also followed the new strategy from the CAG website by enclosing a Draft Order For Directions.

Is it worth taking this along as a guide for how I would like the case to proceed.

Rex_Mundi · 6 February 2007 at 1:56PM

reecos wrote:

I will make sure that I can attend that day and will start getting my evidence together.

This wont be your full case yet. Judges can hold these meetings if they want to issue special instructions regarding a case, and/or want to make sure you understand what is required of you for the hearing. Make the points above, and if he decides to act on any of them, this could go in your favour. If the bank doesn't contact the court, or turn up, he may also decide to strike the defence out.

Rex_Mundi · 6 February 2007 at 1:57PM

reecos wrote:

When returning the AQ I also followed the new strategy from the CAG website by enclosing a Draft Order For Directions.

Is it worth taking this along as a guide for how I would like the case to proceed.

He'll already have this. Lets hope he grants this order. It'll be very good for you. Wont hurt to take a copy though.

moatman007 · 29 June 2007 at 7:14AM

Received from courts yesterday, dated 19th June 2007 under "see attached directions" but 26th June in box at top of page.

Order on 2nd page is dated 19th June. Which date is applicable to the 21 day deadline for submission of statement of evidence?

Directions

a.Send Schedule of charges.
b. Send statement of evidence.

I am using basic bundle off CAG is there any other docs I should include ?

What about terms and conditions of account, I have printed loads from archive website, do I need to send them all ?

Any help gratefully received.

Rich1968 · 2 July 2007 at 9:09PM

Hello,
I have received the above form ordering that I should file and serve a schedule identifying precisely how my claim has been calculated.

What I am unsure of is: do I send a copy of charges with interest as downloaded from here or do I have to complete another form (my list of charges does not specify type of charge only when taken and the amount.)

Also do I address the correspondance directly to the judge mentioned on the form General Form of Judgement or Order.

Thanks in advance for any help.

Rich Fox

adekeene · 3 July 2007 at 1:21AM

Hi,

I have followed all the steps upto and including filing a court claim and have never had any responses from HSBC.

I have today had a General Form of Judgement or Order letter from Birmingham County Court and I would like some advice on what to send them and in how much detail as I don't want to get it wrong at this stage.

I have been ordered to file by the 19/07/07 at the court and serve on the defendant (will this be HSBC again or the solicitors?) further written particulars of the claim specifying the name, acoiunt number and sorting code of account reffered to, and a list of all the charges complained of showing the date and amount of each one and the stated reason for it.

I have had not had to fill in a court allocation form and have not been given a court date yet.

Many thanks in advance.

Adrian

debdibdob · 11 July 2007 at 12:56PM

Hi there
I am new to this site so bear with me.

I had to fill in an Allocation Questionaire and send it back to my local court with my £100 before 11th June. Which of course i did (infact they had it back one week early).

On the 21st June i recieved a Standard order for stay for settlement with consent of all the parties. This is what is say's:

District Judge orders that this claim is stayed until 19th July to enable the parties to attempt to settlement.
On or before 2nd August, one of the following steps must be taken:
EITHER
the claiment must notify the court that the whole of the claim has been settled; (see note (i) below)
OR
the claimant or defendant must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties. *see not (ii) below)
OR
all the parties must file a completed allocation questionaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

Date 21st June 2007.

NOTE (i) Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted:
(a) an application for a consent order to give effect to the settlement
(b) an application for approval of a settlement where one or more of the parties is a person under a disability: and
(c) the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into the court out of this time.
NOTE (ii) Extentions to the period of stay will generally be no more than 1 month.

HELP, i'm not sure what to do now, i have waited since this was sent to me on 21st June and i have not heard anything from ABBEY NATIONAL.
Look forward to hearing from you

xlesleyann · 12 July 2007 at 12:52AM

Wait it out, if you have done your part the court will be waiting to hear from Abbey and they will probably wait until the last minute.

General Form Of Judgement or Order

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