Stay overturned, a fine defence !

[Prouty99]

Damn, why didn't i think of this ? Sometimes its the things that just stare you in the face that you never think of...

 

Heres a quoted post from Martin Lewis's forum, cant remember the poster but if this trick worked for him (which it did) i think he deserves a round of applause from everyone at CAG.

 

--------------

 

I was in Romford county court on Tuesday against the Abbey, there were about ten cases against them and a few against Barclays. Their solicitor went to the usher and gave the names of the cases he was defending. He did not mention mine. When my case was called he stood up to enter court. I asked him who he was and he said he represented Abbey. I asked him for proof that he represented abbey for my particular case. He couldnt and therefore couldnt enter court. The judge gave me £1991 plus £120 costs. I had applied for interest but was advised that would be another case and should take the money, which i did.

 

Learning

 

If they send a solicitor DO NOT SPEAK TO THEM OUTSIDE as they will tell you they are applying for a stay, you are wasting your time. Go into court and when they say they represent a bank ask to see the instruction, they are sending trainee solicitors with no papers just a brief to stay the case.

 

---------------

 

As i said earlier, its just one of those DOH! moments....no human rights/hardship long winded arguments, just simple common sense.

 

Prouty

[kennythecelt]

Very interesting and thanks for posting this good news.

 

Follow the advice everyone, as Prouty says. Don't speak to legal team beforehand, then ask for instructions for your case. Perhaps it will work again!!!!

[overflow]

Hi Prouty

 

What a great find, I hope everyone reads thjis it might help others.

 

As you say something that stares us in the face often gets overlooked .

 

Regards

[stonedecroze]

Hi Prouty

 

What a great find, I hope everyone reads thjis it might help others.

 

As you say something that stares us in the face often gets overlooked .

 

Regards

 

 

Brilliant!!!!!

Good find Prouty.

[Entitled]

This came form another forum, so I can't ask the originator, but perhaps our readers can answer;

 

Exactly what was the lawyer not in possession of? Did it only work for that guy because his name wasn't mentioned by the lawyer to the usher? What "proof" was he supposed to show, that the court would need to see?

 

I'm off to the Mercantile Court in Leeds next wednesday (29th Aug), would there be anything different for that?

 

I was planning to follow the Lawyers into the Gents and lock them in the cubicle, but this would probably be more fun...

[deadlykiss]

lol entitled nice idea will remeber what you said prouty was nice to hear something positive many thanx

[stonedecroze]

This came form another forum, so I can't ask the originator, but perhaps our readers can answer;

 

Exactly what was the lawyer not in possession of? Did it only work for that guy because his name wasn't mentioned by the lawyer to the usher? What "proof" was he supposed to show, that the court would need to see?

 

I'm off to the Mercantile Court in Leeds next wednesday (29th Aug), would there be anything different for that?

 

I was planning to follow the Lawyers into the Gents and lock them in the cubicle, but this would probably be more fun...

 

It might be worth a try, but will only work once

[Prouty99]

All i can glean from the thread in question is that this case was heard in Romford on the 21st August 2007, and the poster has only made one post over at Martin's site but hasn't been back there as yet. I have him on my buddy list and will be keeping my eye on him for when he's online again so i can pm him and get more details.

 

I havent been to court with my own claim yet (as i'm waiting for a court date for 6 different claims with Halifax and Lloyds for 3 accounts and 3 credit cards), but surely the bank's solicitors must have to take proof into court that they represent who they say they represent ?

 

Last time i was at JFK airport i was put into a side room for 5 hours after having my shoelaces removed while they checked me out because i had recently been to the middle east. I find it unlikely that a british courtroom will let me take part in a court hearing without first verifying who i am and why i am there.

 

Just ask for proof from the opposition that they are who they say they are,and proof of who they are representing even if its just a tool to make their representative look stupid in front of the judge.

 

Whats to stop me donning my best suit and walking into a county court and telling the judge that i represent Lloyds or Halifax and i had arrived to ask for stays in all the cases that day but instead my clients had a change of heart and are prepared to withdraw from all cases that day after paying full amounts to everyone plus contractual interest on all cases as a good will gesture ?

 

Would they first check who i am or would they just take it for granted and strike all bank arguments out for the day ?

 

Prouty

[Prouty99]

And, before i disappear for the remainder of the day...

 

The master of rolls seems to have played a blinder in refusing a blanket stay, as the situation has now become very un-economical for the banks. Before the situation was that the banks didnt even turn up to defend, whereas now they must send a solicitor to every case everywhere and solicitors aint cheap.

 

Its probably costing the banks a hell of a lot more to defend cases, and the amount of solicitors needed to service this volume would suggest that the solicitors firms are also becoming stretched, which in turn would lend credence to the situation that this guy found himself in in romford, a junior solicitor with no paperwork just a verbal instruction to go and ask for a stay because all his senior colleagues were busy asking for stays elsewhere on the same day...

 

Has the master of rolls become cheesed off with the banks too and issued an instruction that is a veiled punishment for the banks abusing the system that he knows full well will weaken the banks defences somewhat ?

 

Hit the supply lines and the front lines will be starved of ammunition. It worked for Rommel

 

Prouty

[Entitled]

I like your thinking Prouty.

 

I got something in the post to say that Abbey have already sent in the forms and the cheques to pay for the Stay applications on th 16 Abbey claims that are due for Case Management Conference on 29th August (Leeds Mercantile Court). I wonder if that means they will assume it has been granted and not bother coming to the conference. Perhaps the Judge will make up his own mind on the day - perhaps waiting to hear any objections from us, the claimants.

 

At the last Case Management Conference at Leeds Mercantile Court, almost everyone got their claim settled by cheque outside the court. Sadly the Alliance & Leicester never turned up, so their cases continue... so not having a Lawyer there won't be enough to win at this kind of preliminary stage.