Santander "Unless Order"? What does this mean?

[atomickarma]

As outlined in this thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?112421-Abbey-s-Allocation-Questionnaire/page2) I have been awaiting repayment of charges since July 2007. Obviously most of this time the case was stayed, but this morning I have received a letter from Santander in which the bank proposed an Unless Order.

 

I'm slightly baffled by what this means and how I can react to this. Any suggestions appreciated. Slightly concerned as I did a search of CAG and couldn't find anything that seemed relevant.

[rebel11]

Hi atom

 

Unless Orders are court orders which specify that a party to the proceedings must do some act by a specified date. If that act is not done, some specified consequence follows. Issuing orders in this form provide the litigant one final opportunity to comply with the directions of the court. The order sets out the event that will take place in the event of a failure

Supposing the defendant has failed to file an Allocation Questionnaire within the time specified by the Court. The court will probably order as follows:

"IT IS ORDERED

1. Unless the defendant files and serves an Allocation Questionnaire by 4.00 pm on [date], the defence and counterclaim shall be struck out.

2. ..."

In the case where the claimant has failed to serve a list of documents to give disclosure by the time the specified by the court:

"IT IS ORDERED:

1. Unless the claimant serves its list of documents by 4.00 pm on [date], the claim will be struck out and judgment entered for the claimant.
   
2. ..."
   

Unless orders may be issued by the court when discharging its case management powers, which may be at any time; when they are made, such court orders the consequences are automatic without further order of the court. In the event that the allocation fee or listing fee has not been paid by the relevant party to the litigation and the litigant has been issued a notice to pay the relevant fee an fails to do so, (1) the claim will automatically be struck out without further order of the court; and (ii) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

[atomickarma]

Thankas rebel, but I still don't understand. I've paid a £120 fee back in 2007, what do I need to do now?

[Night Owl]

Hi atomickarma,

 

I received the same letter from Santander.

It says they are applying to the court for an Unless Order. Unless I put in a new POC the case will be struck out.

OR call it a day and end the fight now and they will not fight for their costs.

Got 6 wks to decide and respond.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?104320-Night-Owl-v-Abbey

[atomickarma]

Hi Night Owl - thanks for that!

 

Note sure what I'll do though.

[Night Owl]

Some peeps are saying apply for an extension to the stay on the grounds that there are other cases still waiting to be heard,

 

Sharp V RBS and Walls V Santander.

 

Or, take the offer that you can stop everything without paying Santanders court fees if you loose your case.

 

Maybe Santander are freeking everyone out to submission because they know that they may loose their case with Walls!!!

Who knows! It's gonna to be down to each claiment to look at the options and decide.

 

Good luck with your decision.

[johnee]

hi rebel11 i`ve scanned this & need some advice from the team on how to deal with santander & get my money back, thanks johnee

[boston3603]

I too have rec this letter recently. Is it a copy for my files, or do I actually have to do anything? Can't believe after nearly two years, we've had something from the bank. The letter states that the claimant needs to serve on the defendant an amended P of C with a prperly verified statement of truth with reasonable grounds for continuing within six weeks, the claim will be struck out. It says the order has been made without a hearing and I can apply t the court within 7 days to set it aside. It also says something about Abbeys court costs which I will have to pay as I am not expected to win!! Well , what does this mean in simple english? Is it a standard letter as there are no reference numbers anywhere, not even our names! MM. now what? Any ideas? Thank you!!

[Poppay2]

Hi all

 

I too received one of these letters, dated 17 dec 2010, but I didnt receive it until new yrs eve. I too have 6 weeks to decide.

However, Moorcroft are dealing with this debt and I am paying them a monthly amount, so why have they taken out a case against this?

 

Is it meant to bamboozle and scare us?

 

or is it a computer generated letter?

 

I will obviously reply, but in what way I am wondering?

 

Poppay

[Entitled]

Yes, I too have received this letter. My case was stayed at the Leeds Mercantile Court oh so very long ago...

 

I may have missed a few months or years in the debate, but wasn't there a particular angle that CAG were suggesting regarding the Abbey/Santander claims, about the way they had mentioned the word "breach"?

 

Is there any reasonable hope in carrying on with the case?

[millynmiles]

hi all

 

i too received a letter re santander recently writing to the courts requesting that it considers making an Unless Order in respect of my claim. I too don't understand what it means. I had a court date set in Oct 07 then a stay was put on but i had to submit a court bundle to both the courts and Abbey which i did but Abbey never complied with the judges order so i think i won by default but not really sure what to do

[spurs1]

Like you guys I received an unless order from Abbey, and have now received a letter from Court in Southend telling me my case will be struck out unless I respond in 21 days. Anybody help on what grounds I have to continue and what likelihood there is of winning, and what costs might be involved if I dont.

 

Thanks for any advice you kight be able to offer

[millynmiles]

after receiving a letter from santander re a unless order i now have a letter from a debt company asking for £2500 to be paid immediately. what is going on how can they apply to the courts as well as passing the debt on to a debt commpany. do they just assume we wont challange them in court. which do we deal with first can anyone advise