5 minute hearing HELP

Sarah_Lou_3

Hi all,

I have gone through my local court to file against nationwide, they had until Friday the 25th to file a defence and they did right at the last minute.

We rang the court and the lady at the other end said that it was with the judge at that moment. We rang back later and she said that the judge has ordered a 5 minute hearing, what is this, is this good or bad, Im really scared now. We have no details of the defence due to bank holiday so II have no idea what it says.

HELP!!!!!

ssparry

I also have a "5minute" hearing! I assume it to be a good thing. My claim is only for £390. So I think they will more than likely settle out of court. But I really wouldn't worry about it! Think the judge has already made up his mind!

Kurt_Hamster

Sarah_Lou wrote: »

Hi all,

I have gone through my local court to file against nationwide, they had until Friday the 25th to file a defence and they did right at the last minute.

We rang the court and the lady at the other end said that it was with the judge at that moment. We rang back later and she said that the judge has ordered a 5 minute hearing, what is this, is this good or bad, Im really scared now. We have no details of the defence due to bank holiday so II have no idea what it says.

HELP!!!!!

The defence will most likely be 6 pages of templated twaddle. The judge knows this. Most likely the meeting is to see if there is a way of getting the bank and your self to settle before going to a hearing. Most banks put in defences but don't show up to the hearing. The judge is trying to make sure this doesn't happen.

It may be a frightening thought having to have a meeting like this, but it is most likely to work in your favour. The banks don't like meetings as they have to answer awkward questions.

Sarah_Lou_3

This is what the defence said, is this a standard defence

1) The defendant admits that the claimant holds a current account with the defendant

2) Any charges debited to the claimants account have been debited in accordance with the contract made between the claimant and the defendant in relation to the account

3) The claimant has been regularly advised of the ammounts that would be debited to his account in respect of, unauthorised overdrafts, transactions unpaid due to insufficient funds and card missuse

4) The defendant therefor denies that the claimant is entitled to repayment of the charges, as claimed, or at all.


We still have no 5 minute court hearing date, WHY are some people getting paid and Im not have I done something wrong.

Has anyone been to a 5 minute hering, whats involved? Is this where I have to put together a court bundle? Will they be likely to take this all the way or will they pay me before?

Sorry for the questions I never thought it would get this far

Kurt_Hamster

Well I have to say that this is the most p*ss-poor defence I've seen yet from any bank.

The 5 minute hearing is basically to allow you and the bank more time to settle under the watchful eye of the judge.

The banks don't like these hearings as it's possible that they will be asked awkward questions. You can be guaranteed that they will go to the wire before capitulating though

nickmack

Kurt_Hamster wrote: »

Well I have to say that this is the most p*ss-poor defence I've seen yet from any bank.

That's what I was thinking, Sarah Lou is that the full defence??

Sarah_Lou_3

nickmack wrote: »

That's what I was thinking, Sarah Lou is that the full defence??

Yes its the full defence, am I right in saying that because no allocation questionnaire was issued to me that this is posotive

Edinburghlass_2

Someone who went to an "allocation hearing"...

http://forums.moneysavingexpert.com/showthread.html?t=427565

nickmack

Sarah_Lou wrote: »

Yes its the full defence, am I right in saying that because no allocation questionnaire was issued to me that this is posotive

Well if that defence isn't struck out by the court I'd be suprised! It's pretty inadequate. If you get as far as the 5 minute hearing, I would be sure to point this out to the judge.

No AQ means that particular court has dispensed with them, usually good news.

Sarah_Lou_3

Thanks to all, I'll update my thread as soon as I have any news to post.

Feeling a little more relaxed about this now.

tdc78

hello, does anybody have a template-type thing of what to have as your defense against the banks defense (if that makes any sense!?)? ie what to say when confronted with the bank's standard defense?

any help gratefully recieved....thanks in advance...