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Allocation hearing held, thread updated
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kevwev_2
Posts: 96 Forumite
So I have my court hearing set for friday. Received the letter from the court saying this
" 5 MINUTES has been allowed for the ALLOCATION HEARING (LISTED WITH OTHER CASES)
then a load of other stuff.
So does this mean my case will last for just 5 minutes? and other people with bank chargers claims will be there?
I'm not nervous at all as surely it will be settled in favour of me. But I have a few questions..
1) What do I bring with me? a copy of all previous letters I have recieved from the bank when I have asked for the charges back? do I need to bring a list of my charges on a paper just written down?
2) What do I wear?
Sorry for these questions they might sound dumb but I'm only 19 and have no idea about this!
" 5 MINUTES has been allowed for the ALLOCATION HEARING (LISTED WITH OTHER CASES)
then a load of other stuff.
So does this mean my case will last for just 5 minutes? and other people with bank chargers claims will be there?
I'm not nervous at all as surely it will be settled in favour of me. But I have a few questions..
1) What do I bring with me? a copy of all previous letters I have recieved from the bank when I have asked for the charges back? do I need to bring a list of my charges on a paper just written down?
2) What do I wear?
Sorry for these questions they might sound dumb but I'm only 19 and have no idea about this!
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Comments
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Anyone help out?0
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Your bank may still settle before Friday...[FONT="]I am a Travel Agent [/FONT][FONT="]My company’s ATOL/ABTA numbers are E7760/3970. MSE doesn't check my status as a Travel Agent, so you need to take my word for it. Atol numbers can be checked with the Civil Aviation Authority. This signature is here as I follow MSE's Travel Agent Code of Conduct.[/FONT]0
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I guess it's a case of starting from the beginning; i.e., you requested a list of charges, under the Data Protection Act - so take that correspondance and any evidence of the bank not cooperating (it could help your case). Next, you came to a conclusion regarding exactly what you're going to claim back. Understand how the interest was worked out, and why you came to that amount. Next, you made a claim for your money back; again, copies of corespondance sent and received is relevant, together with evidence of cooperation (or otherwise) from the bank.
The way I see it, you won't have an enormous amount of stuff to take, just correspondance relating to the case, evidence of any nonsense from the bank (to aid your case), and details relating to the amount your claiming and why.
As far as dress goes, I'd dress smart. Personally, I'd wear a suit with an open-necked shirt unless there's a dress code for the court, which is unlikely. Technially it should make no iota of difference to your case, but it's probably helpful to respect the court by acting as professional as possible. Finally, as the other poster said, most likely this will not go to court. If it does, I;d be amazed if your bank fights the claim; they'd be the first bank to do it!!
Good luck.0 -
One other thing, the court should be aware of why you're claiming this money already, as my guess is that many will have seen these claims before. However, in case they do ask you to explain your claim, I'd be fully gen'd up on the law regarding bank charges (that banks cannot profit from charges, merely cover their costs) and why evidence suggests that charges should be around the £12 mark, and as low as £2 or £3. That way, if you;re called to explain why you feel you are owed this money, you can speak confidently about the claim.0
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An Allocation hearing is to decide if your claim is to be dealt with in the small claims court or fast tracked.
To be honest i would sign up for CAG https://www.consumeractiongroup.co.uk and look at the following threads
http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523
http://www.consumeractiongroup.co.uk/forum/barclays-bank/77008-allocation-hearing-southend-5th.html?highlight=allocation+hearing
will give you a good idea what to expect and how to argue which track your claim should be dealt with.0 -
in some cities there is no allocation hearing you get the aq then nothing ofr months and out of the blue court hearing dates are issued giving like 1 or 2 weeks to prepare bundle etc0
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So this isn't actually the court case where they decide in favour or against the bank?
I sent of the Questionaire sheet do a lot of others get a hearing aswell? do the banks come to this one aswell?
I have no idea what to expect getting a bit nervous and worried!0 -
I have one for friday and have no idea what this is!
my claim is only for £600 what the hell is this all about how come people with higher claims dont get this far with the court and iam!
really scared have no idea what to expect or bring with me.
please someone help.0 -
Hi Kev
Don't Worry !
Which bank is it with first of all ?
You may well have to attend. Basically all the court want to do is decide upon the issues that need deciding in the claim, and whether to allocate your claim to small claims or upwards to fast track.
I think you will probably receive settlement prior to the hearing. The courts seem to order these as a way of getting an earlier court date, as Allocation hearings only last 5 mins or so rather than 3 hours for a full hearing.
What did you write on your allocation questionnaire (assuming you had one)
also have you a copy of the defendants allocation questionnaire ?
sometimes they ask to involve expert witnesses etc so the judge may want to discuss this with them.
If you can type out the full order you received from the court with the date on that will help. I'll look in a bit later see if you reply.LegalBeagles0 -
Thanks for the reply.
I will type out the whole letter this eveing when I get home it wil prob be about 4ish if thats ok.
The funny thing is I didn't put anything in the questionaire I recieved I just ticked the boxes didn't write anything as I didn't have to. I sent it back friday and recieved a hearing date this monday!
I havn't even seen the banks questionaire!
The bank is abbey and the ammount is only for £600 I can't beleive they are taking it this far with such a small amount.0
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