*** CLAIM FORM HELP - PLEASE *** Natwest / RBS / Triton / Irwin Mitchell / Shoosmiths

[tedney]

Just seen you thread R B . For your info, and Andyorch and citizenB too, I have a similar situation to you now! Case has been stayed for years, I have a thread on here which I will post a link too shortly, and Ascent Legal have restarted along the same lines as yours. maybe we could help each other?

[tedney]

here are the links FWIW

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?259603-Time-limit-for-a-stayed-case

 

and

http://www.consumeractiongroup.co.uk/forum/showthread.php?378381-Statements-for-Overdrafts

[R B 1968]

Hi Tedney,

Thanks for the post and really interested that you seem to be running in parallel to me, now.

YES.......... definitely..................... please keep your posts updated and I will do the same - I'm sure we'll both benefit from the wise words of the fantastic team on here !

Keep in touch

Kind regards,

[R B 1968]

Hi Andyorch,

Thanks for your post.

Great advise, I reckon.

I'll just keep my head down unless I hear anymore - I will just bear in mind IF it does 'kick off' that a reminder that Irwin Mitchell have already been CPR'ed with no response and send them the same.

Kind regards,

[tedney]

Keep in touch

Hello Again R B

Here are the last two paras of the letter (verbatim) from Ascent: "Accordingly, the bank believes the Court will conclude that your Defence and Counterclaim has no reasonable prospect of success. We therefore invite you to write to the Court advising that you withdraw your Defence and Counterclaim.

If you do not agree to strike out your Defence and that Judgment be granted in the Bank's favour. We reserve the right to request that you meet the Bank's costs of any application on the basis that your refusal to withdraw your Defence and Counterclaim is unreasonable."

It would be interesting to know if yours was the same? I have also updated one of my threads, are you subscribed?

Regards

t

Edited July 4, 2013 by tedney
typo

[AndyOrch]

The Defendant PT20 Claimant does not strike out their defence they withdraw.The Claimant strikes it out...if being pedantic

 

Andy

[R B 1968]

Brilliant !

Thanks Andy - we don't mind pedantic................pedantic is good

So.............. sit tight......................... and see what happens next seems to be the general thought ?

Kind regards,

[R B 1968]

Hi Tedney,

I have replied to your post, on your thread.

YEP............. I'm following you too - looks like we maybe running parallel ?

All the best.........

[R B 1968]

Hi all and thanks for advise, to date.

Letter received today from my local court on a "General Form of Judgement or Order" - form N42.

(Quote)

Before District Judge ********** sitting at *********** County Court

 

Upon reading the letter from the Defendant

 

IT IS ORDERED THAT

 

1. The Defendant file a copy of her defence by **pm ** August 2013

 

2. Claim remains stayed until either party applies to lift stay.

 

Dated ** ******* 2013

 

 

Can anyone offer me any guidance / ideas ?

 

Many thanks,

[citizenB]

RB, what do you need guidance / ideas on.. your defence ?

[tedney]

Hi all and thanks for advise, to date.

Letter received today from my local court on a "General Form of Judgement or Order" - form N42.

(Quote)

Before District Judge ********** sitting at *********** County Court

 

Upon reading the letter from the Defendant

 

IT IS ORDERED THAT

 

1. The Defendant file a copy of her defence by **pm ** August 2013

 

2. Claim remains stayed until either party applies to lift stay.

 

Dated ** ******* 2013

 

 

Can anyone offer me any guidance / ideas ?

 

Many thanks,

 

Hello again R B

did you send the court a letter? If not, I suggest you telephone the local court and ask what prompted this order. Is it "official" stamped by the court? Also, no time mentioned to lift stay, was this indicated before? Hopefully Andyorch may be along soon to help you further. You could respectfully refer the court to your already entered defence, but, as the "unfair" reasons have now been compromised, maybe the judge is just waiting for you to confirm that, so that he can rule against you? Just my thoughts. Regards tedney

[citizenB]

I will leave a message for andy, but he is not online at the moment.

[R B 1968]

Hi CitizenB

Thanks for your kind reply.

Well................ I'm just trying to establish what has triggered this letter and why, considering the case has been stayed for over 3 years, the judge has requested this information ?

I did issue a defence, 3 years ago, so surprised the judge doesn't already have this ?

I guess I just need some 'thoughts' on what this all means and what is happening and likely to happen ?

Thanks in anticipation.

[tedney]

Why has the judge has requested this information ?

 

Hello R B

Are you certain that the document came from the court? t

[R B 1968]

Hi Tedney............ that was my first thought but.......... YES............ its a genuine N42 court form listing the judge and his request, to me, for further information.

Cheers

 

General Form of Judgement or Order" - form N42.

(Quote)

Before District Judge ********** sitting at *********** county courticon

 

Upon reading the letter from the Defendant

 

IT IS ORDERED THAT

 

1. The Defendant file a copy of her defence by **pm ** August 2013

 

2. Claim remains stayed until either party applies to lift stay.

 

Dated ** ******* 2013

[R B 1968]

I obviously submitted my defence when they originally brought the case before Northampton CC, 3 years ago, so puzzled why this is being asked for again ?

By the way when the claim was originally brought I issued a CPR request to Irwin Mitchell BUT THEY NEVER HAVE REPLIED !

Is the Judge looking to make a judgement in a stayed case ?

PLEASE - can anyone help me ?

Thanks.

[tedney]

Hi Tedney............ that was my first thought but.......... YES............ its a genuine N42 court form listing the judge and his request, to me, for further information.

Cheers

Hello R B

I am not an expert, but on looking up forms in my case (s !) my local court used form N24 not N42 as you state. I cannot find mention of N42 in your context online. I know I have mentioned if it is genuine before, but does your form have the court stamp on it? Only this will authenticate form. I would not have thought that judges cannot "un stay" a case by themsleves.

[citizenB]

Perhaps phone the court on Monday and ask if the claimant has made an application to lift the stay.

 

Usually the order would state that the court/judge has made the decision without referring to the parties to the claim and that there is 7 days to object.

[tedney]

Perhaps phone the court on Monday and ask if the claimant has made an application to lift the stay.

 

Usually the order would state that the court/judge has made the decision without referring to the parties to the claim and that there is 7 days to object.

Yes, I agree with citizenB, certainly that is exactly what has happened in my limited experience. t

[R B 1968]

Hi all

Apologies the form is a N24 not an N42 as stated above - a typing error on my part !

[R B 1968]

Thanks everyone.

I will telephone the court tomorrow and update, on here, tomorrow evening.

Interesting - is a Judge able to act if neither party has asked for the stay to be lifted then ?

Should I make reference to the fact that my CPR request was made and never responded too, by the claimant ?

Thanks again.

[AndyOrch]

Thanks everyone.

I will telephone the court tomorrow and update, on here, tomorrow evening.

Interesting - is a Judge able to act if neither party has asked for the stay to be lifted then ? Yes CPR 3 by its own initiative

Should I make reference to the fact that my CPR request was made and never responded too, by the claimant ? No they are not compelled to

Thanks again.

 

Regards

Andy

[R B 1968]

Thanks Andy.

What are your thoughts on the above ?

Does it look like the judge may act on his own then, without anyone lifting stay ?

Which way may he swing I wonder ?

[AndyOrch]

Just refreshed myself with what has happened here R B....the N24 quite cleary states that the claim will remain stayed until either party makes application...therefore CPR3 is not in play and I would refer you back to my previous post.

The N24 directive to submit your defence is IMHO to purely lock the claim so the claimant cant request judgment (but you have already submitted an initial defence have you not?)

[R B 1968]

Thanks Andy.

You're quite right - I'm rather muddled ?

3 years ago Irwin brought the claim, I submitted defence and it was subsequently stayed as they never responded to the court ?

Why does the Judge want a copy of my defence - why doesn't he already have it ?

Now Ascent (part of I.M.) are having a go all that has really happened it its been transferred out of Northanmpton to my local Court (to scare me perhaps ?) ?

In the 3 years since stay Natwest have set a further (approx) half a dozen DCA's onto us BUT each time I've written back, told them already stayed with different DCA and they've all dropped like a hot brick !

The whole thing stinks ! Worse is it was a joint account and they've targetted my wife and not me, throughout ? Is this right ?

Your comment about locking the claim - can you kindly explain a little more to me ? Interesting ?

Thanks andy - you're very kind.