Judge Xxxxxxx at Rhyl County Court ***WON***

[benjfrst]

Followed all the guidlines to the point where LLoyds TSB have defended my claim

 

I have recieved the following letter from Rhyl County Court, has anyone recieved anything similar from Rhyl or anywhere else and what has been the outcome?

 

Thank you all.

 

 

Before District Judge Xxxxx sitting at Rhyl County Cout, The Courthouse, Clwyd Street, Rhyl

 

 

IT IS ORDERED THAT WITHOUT A HEARING

 

OF THE COURTS OWN INITIATIVE

 

1. The court of its own motion is considering striking out the defence as an abuse of process on the basis that the defendent has settled all previous claims of this nature.

 

2. If the defendant objects to this course of action, it is to file at court by 4 pm on 05 June 2007 a schedule setting out a list of all the claims it has pursued to trial and all the claims it has settled.

 

 

Dated 18 May 2007

[standingupformyself]

That sounds fascinating !!!

[jansus]

wow ! what a judge - may be all the others could follow his lead and stop having their time wasted:D

 

jansus

[jansus]

in fact i might even like to quote this to my lovely local judge with words such as " with all due respect to your importance perhaps you would consider the judgement of his honourable judge Xxxxx of Rhyl and make a similar ruling so you can prevent a waste of your courts valuable time"

 

if we had the figures relevant to each bank about cases brought to court and not defended as well maybe this could snowball!!

[Lula]

OMG thats brilliant, you are going to get ALL you claimed for, the judge has realised that they are abusing the judicial system, WELL DONE, was it the Abuse of Process form that you used or has the judge just done it of his own accord.

 

 

Ring Shabbey and ask them how they would like to pay , or email them now, they HAVE to pay up as they HAVNT been to court, have you done a court bundle? ask shabbey for costs £9.25 per hour, must have taken about 25 - 30 hours IMHO

 

CONGRATULATIONS ONCE AGAIN

[glad]

Well done that Judge!!!! and congratulations to you too

At least you had someone who has got the common sense to realise that the banks are wasting everyones time and has done something about it.

Wish I lived near Rhyl:eek:

 

Glad

[the main man]

Fantastic, It would be nice if this receives all the publicity in the media that Judge Cooke got:rolleyes:

 

MM

[subsys]

Thats an excellent result, hopefuly other courts will follow a simliar line.

[Lula]

well i have pm'd Gary and hopefully he is amend his Abuse of Order for Section G lol

[monkey_uk]

@OP - Who is the judge please?

[GaryH]

Fantastic. These types of order are definately spreading quite rapidly now, which is great news.

 

benjfrst, I've sent you a PM

[lou5357]

Can this info' be emailed to the BBC News?!

[Vulture_Bank]

did a search and rhyl court was in the news just before christmas when it was proactive

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36028-bmw323i-barclays-2.html

[benjfrst]

Thanks for the support everyone.

I haven't completed an allocation questionnaire or a court bundle.

This letter was written on a 'General Form of Judgment or Order' and is the first correspondence I have received from Rhyl County Court since it was transferred from Northampton County Court (MCOL)

Lloyds has until 4pm 5/6/07 to object to this order and i am reluctant to do anything until then, mostly due to the fact that , like many, I am a bit green to court procedures.

[benjfrst]

ok just doing something i shoud have done before and i have read through the notice of transfer of proceedings from nothampton court 09 may 2007. on it is this...

 

IT IS ORDERED THAT: -

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

 

Is this normal?

 

 

Thanks

[GaryH]

Yes, its standard from Northampton CC. No need to do anything about it, its just for info.

 

All you need to do for the time being is wait. Ring the court on the 6th to see if Lloyds have complied (they won't have), then you can write a note to the judge requesting the strike out.

 

Of course you may well find that they settle before that.

 

Keep us informed.

[chrissieo]

Well done that Judge!!!! and congratulations to you too

At least you had someone who has got the common sense to realise that the banks are wasting everyones time and has done something about it.

Wish I lived near Rhyl:eek:

 

Glad

 

think I will move all my correspondence to my parents address in Rhyl lol:D

 

Chrissie

[benjfrst]

news travels fast

 

BBC NEWS | Business | Lloyds wins second charges case

[benjfrst]

I am not alone with the abuse order from rhyl court...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/89088-graciefaye-2.html#post863795

[johans]

Well done that Judge!!!! and congratulations to you too

At least you had someone who has got the common sense to realise that the banks are wasting everyones time and has done something about it.

Wish I lived near Rhyl:eek:

 

Glad

 

hear, hear!

 

i included this on my draft instruction but the judge at liverpool completely ignored it and decided to prolong our agony for another 8 weeks!

[abroadgirl]

in fact i might even like to quote this to my lovely local judge with words such as " with all due respect to your importance perhaps you would consider the judgement of his honourable judge Xxxxx of Rhyl and make a similar ruling so you can prevent a waste of your courts valuable time"

 

i added this in with my AQ;)

[graciefaye]

Hiya! How ya get on then!

[abroadgirl]

hiya gracie how are you how am i get on then to be honest it is really doing my head in i feel like giving up i cannott get the court bungle tofinish im following everything but some things i carnt get to print out i e oft statement and a few others been at this now for nearly 2 weeks thinking of giving up thanku for everything hugs

abg

[benjfrst]

Well, Ive been on holiday and got back today, no post from either the court or the defendent (lloyds tsb)

 

The general form of judgment or order asked for the defended to file at court by 4pm on the 5th of june.

 

I rang the court and a lady there has said that the bank has now till the 18th of June to allow for post?

 

I dont know what she means, got the feeling she just wanted me off the phone.

[benjfrst]

I have been in contact with the Rhyl Court and after extending the deadline from the 5th of June to the 18th of June Lloyds have still not objected to the course of action by Judge Xxxxxxx (considering striking out the defence as an abuse of process on the basis that the defendant has settled all previous claims of this nature) with a schedule setting out a list of all claims it has pursued to trial and all the claims it has settled.

 

The claim is now to return to Judge Xxxxxxx for review, I hope he is standing by his words and will not transfer it for a hearing.