Hypno's kick up the backside debt diary....

hypno06

Just posted this on the bank claim forum - copying and pasting it because my hands are shaking too much to type.....

Please can someone help me as I have now got a letter and I don't know if it is good news or bad!!

Having taken my AQ to the court at the end of March (!!) I have today got the following:

Notice of Allocation to the Small Claims Track (preliminary hearing):

"before the claim is listed for hearing the judge has ordered that a preliminary hearing should take place to consider whether the claim can be disposed of because the defendant has no real prspect of success at a final hearing"

I think I am ok with this statement.

The other one is

General Form of Judgment or Order

"at this hearing the court will consider either

a) to stay the claim pending the decision in a test case involving the defendant or

b) to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose"

It is the words "test case" that are worrying me - my claim is for about £4000 - am I going to be used as an example??

No request for court bundles, other information has been issued - just these letters.

Help!!!

blackangeluk

I have no idea and cannot help I'm afraid, but I wonder if it's just normal "Court wording". Could you ring the Court and ask them?

Sorry no help, but I'm also claiming bank charges and cacking myself so I understand the shaking feeling

slowlyfading

Can't help you re: the letter, but good news about your dd's eye! Sounds very painful and she was brave as were you hope you have a good day sorting out the new clients
sf x

Storm

Hi Hypno,

I can see why the 'test case' bit is freaking you out, and hopefully you'll get some responses on the bank charges board as to whether this is standard stuff or not.

The eye thing - makes me shudder just thinking about having my eyeball turned around! Sooo glad your DD didn't need to go through that!

hypno06

There seem to be a couple of people on the bank charge board that have had similar Notices from the court - but no one with a court date that has already passed, so no-one knows.

Most people don't seem to have these though, which is worrying me.

I am trying to be of the mind that it is out of my hands, but of course it is not that easy to just put a date in the diary and then forget about it is it!!

On a very positive note, a little money came to me from the Estate today so I have been able to pay £1000 off my Egg card, making a good difference to my running totals. There is potentially another £1300 to come in July and then the estate is finished, so I am thinking that I might spend that last chunk on a holiday for us when it arrives.

elantan

hypno can you contact the cag (consumer action group) they have been highlighting these cases for longer than mse as far as i know ...dont know of any other help sorry...scary news about your daughter your nerves must be shot to hell just now...please keep us posted ..all the best

Karmacat

Hypno, best wishes on the bank scenario, thats scary - CAG could well be a lot of help. And look at your sig, you! And thats without matched betting! Fantastic!

atypicalblonde

Hi Hypno hunny just having a catch up - agree with Elantan to take a look at the CAG website, they are really helpful on there. Good news about Egg though - your running total for this year is looking extremely healthy indeed, my prediction is you will hit the £10k mark really soon! Was wondering if you had taken any decisions re. the b*ggers at the insurance company refusing to payout?

I hope you are having a good day with your new clients, pop back on line later and let us know how you are. ATB xx

dreams_R_free

Sorry to hear about this worry, Hypno, especially as everything else seemed to be going well for you. Big hug for your daughter, she must have been in agony.

My theory (for what it's worth:rotfl:) is that the recent Barclay's case ruling in Birmingham has made other banks feel they've got a get-out clause themselves. The Birmingham ruling will probably be overturned anyway on appeal and banks won't have a leg to stand on as was the situation pre-Birmingham.

There must be someone who can help with this. What about CAB if no-one pops up on here to give advice? Do you actually have to do anything yourself as a result of this letter (such as respond or something) and if so, is there a time-limit? There was something on Teletext news today about other banks after the Birmingham ruling but I was in a hurry and didn't read it properly as I've nothing to claim:mad: and it looks as if that item has disappeared now as being 'old' news.

hypno06

Hi everyone, and thanks again for your support - you really get me through these tough days!

I will pop over to the CAG website later on and see what I can find. From what they have sent me, I don't need to do anything other than turn up on 12th July - there is no court bundle needed or anything to be prepared, other than my nerves!!

Regarding my insurance, I have decided to take the matter to appeal, so will be preparing that tomorrow - I don't tend to see too many clients on a Friday so have time to try and catch up with other stuff!