Preliminary Hearing Regarding Bank Charges Claim - Advice Please.

GarethR

tripled wrote: »

Hi,

I have had a letter from the court and unsure what it means. I can't work out if it is the hearing, a general chit chat or what, and if I need to go to the court or not. The details are as follows:



In case it is relevant, I received a Notice of Transfer of Proceedings issued on 24th June 2007, and the bit which said I had to return an allocation questionaire has been crossed out.

Any help and advice would be greatly appreciated!

I think & the emphasis is on 'think' they are requesting you do your court bundle if you havent already done so? If you have then Im out of ideas but why not give them a ring & see what they say, then again someone on here may understand this official jargon

tripled

Thanks for that GarethR, can anyone confirm if this is the case at all?

Twinkly

You have been allocated a Directions Hearing on the time and date specified. Have a read here on how to proceed:
Court Hearings

luthersgirl

hi can anyone help. i am trying to claim £550 in bank charges for my parents. alliance and leicester have put in a defence and it was transferred to their local court beginning of may. my parents have just received a letter for a 5 min preliminary hearing on 3rd aug. can someone please explain what this means also will it matter if my parents do not go as my dad is in last stages of motor neurone disease.
thanks

zzzLazyDaisy

Hi, I'm sure someone will be along soon who can tell you more about this specifically in relation to bank charges.

But generally - a preliminary hearing is just for the district judge to make an order for exchange of witness statements, documents etc. It is best if someone goes, but there should be no objection to you going on your parent's behalf. You may even be able to turn it to your advantage, because you also get the chance to ask for directions - you could try asking for an order that the bank provides a list of all the cases that have been filed against it, and how many it has defended to a full trial, on the grounds that the banks conduct amounts to an abuse of procedure. You could also ask for an order that the bank give a full and accurate breakdown of how the charges have been compiled and of its actual costs incurred in relation to each alleged breach of contract that resulted in a charge. Don't worry, it is a very informal meeting in a small room, with no wigs and gowns and no members of the public present

It is unlikely the bank will attend - but you can't rule it out completely. If there is someone from the bank there, don't tell the court about your Dad's illness, because if it goes to a full hearing your parents WILL have to attend and give evidence. If the bank know this, they are more likely to fight it all the way.

luthersgirl

hi thanks for your reply to my questions . do i have to take any info with me. we have not had an allocation questionaire to fill in which i have noticed a lot of people have received. also what did you mean by asking the court for directions?
thanks

mureena

This is my first post. My son is taking Abbey to court for £10,000+interest and has today received notice from the court for an 'Allocation Hearing' in October which he has to attend for an allocated time of 10 mins. What is an Allocation Hearing please?

loopylou1977

I am claiming the charges back for my dad and he has received a letter for a preliminary hearing on the 22/8/07 but that is the day he comes back from holiday so he can't attend. Can I attend for him? or if we write saying he can't attend will that go against him?

Thanks

Louise

princesskez26

loopylou1977 wrote: »

I am claiming the charges back for my dad and he has received a letter for a preliminary hearing on the 22/8/07 but that is the day he comes back from holiday so he can't attend. Can I attend for him? or if we write saying he can't attend will that go against him?

Thanks

Louise

Yes you are allowed to represent him Good luck, hopefully the bank will settle before the hearing date for you,

Kez

rplow

Hi, I originally posted this on the HSBC thread but without any luck. Perhaps someone can help.

Have two cases going through with HSBC each for around 3.5k. Did the moneyclaim online thing, got judgement by default but it was retracted. Now we have a preliminary hearing set for 25th July at local county court.

What I would like to know is:

1. How likely are they to make an offer before this and if they do how last minute is it likely to be?
2. If we do end up going to court what do we need to take with us?

So far have received no offers from HSBC only standard 'we are looking into it' letters. Also had letters from DG Solicitors saying they couldn't consider the cases until they received details - however this was after they had issued their defence (just goes to show how they are playing the system!). They have details for months now but have heard nothing.

Bit waffly, sorry... R[/quote]