Going to Court (HSBC) - well maybe

Doobrey

So,

I have been following the process to take HSBC to court and have reached the stage of sending everything to the court. They have sent me a letter today stating the following :-

Before District Judge XXXX sitting at Norwich County Court...

Upon review of the court file
It is ordered that:
1. The claim be allocated to the small claims tracks

2. The claim be listed for further directions only at a preliminary hearing

3. At this hearing the court will consider either:
a) to stay the claim pending the decision in a test case involving the defendent, or
b) to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multitrack for that purpose.

4. Not less that 14 days before the preliminary hearing, the defendent shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case

5. The claimant may may any representations to the court in writing provided these are received by the court and served on the defendent not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the prelimiary hearing.

Then on the next page (this is the good bit)...

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 defendent (HSBC) has no real prospect of success at a final hearing



So am I correct that I don't have to do anything and HSBC has to prove that they can win?

Doobs - aka Chad.

Doobrey

So has anyone got any view??

Do you agree with me?

Doobs.

ken_and_dot

Sounds good to me. Read my post immediately before yours, also relating to HSBC. I would love to hang these leeches out to dry and certainly intend to proceed in my own case.