Case stayed, but only for a month! Advice please!

[bainbridge]

I ve had an unusual decision from the judge at the court my case v Natwest is going through. Hes stayed the case until 18 October and writes:

 

On or before 01 November, one of the following steps must be taken:

either

the claimant must notify the court that the whole of the claim has been settled

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards setlement and indentifying any mediator, expert, or other person helping with the process. the letter should confirm the agreement of all the other parties.

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

I dont really know what to make of this, the reaction of Cobbetts has been to immediately apply for another stay on the basis of the test case ,which seems to ignore the judges instructions as they havent asked for my consent (they already applied for a stay when submitting their AQ).

 

Also I dont understand why the judge wants another AQ submitted when both parties have just submitted one.

 

And furthermore Cobbetts make no reference to the fact that Natwest has offered me a partial payment of my claim which I have not yet responded to as I have until 3rd October and was waiting to see what happens with the test case.

 

Has anyone had anything like this, or does anyone have any advice about how best to proceed?

[zootscoot]

Some courts would routinely send these orders out even before the test case. Its basically aimed at encouraging the parties to settle.

 

If you hear nothing from Cobbetts before the time limit (and the claim has not been stayed by the courts) you will need to file the allocation questionnaire on the stated date.

 

It is likely that if Cobbetts have requested a stay without your consent, a hearing will be ordered to determine the issue.

 

The test case is not being heard until January so you are unlikely to hear anything before the 3rd of Oct.

[bainbridge]

Thanks zootscoot

 

I suppose a hearing would be a good thing as I would get a chance to object to the stay. Having to pay another 100 quid for the AQ isnt so great though.

 

I think I will write to Natwest offering to accept their offer as a part payment, and saying I am willing to negotiate with them about the rest. then when they ignore me I can tell the judge that I tried.

[zootscoot]

I think I will write to NatWest offering to accept their offer as a part payment, and saying I am willing to negotiate with them about the rest. then when they ignore me I can tell the judge that I tried.

 

Only if you are sure that you do not want to accept their offer. If you attach conditions to the acceptance this allows them to revoke the offer.

[bainbridge]

I know most people are accepting these charges only offers made before the OFT case started, but I think Natwest should have to pay the court costs and interest as well, otherwise they are getting off lightly.

 

Im sure they will revoke the offer and be happy to wait until the high court case in resolved but maybe the judge wont allow that, if the case does get stayed then i'll just have to wait until the court finds the banks guilty.

[bainbridge]

I need to re-submit an AQ as the temporary stay has now run out and was wondering if there is a new template available.

 

Also, as the bank have already applied for another stay (in contravention of the directions of the judge) should I cite this as a reason to strike out their defence in the AQ, and should I outline my arguments against a stay in the AQ?

 

Any advice most welcome. This is getting very complicated now!