Danni Vs Lloydstsb and the Post Office!

[Dannirich]

Hi Zoot

Thankyou so much, I posted a letter to the court and bank on 21/06/07 requesting that I add further charges to the claim. So the banks solicitors already have the letter!! The court got back to me and said I need to ammend it on the N1 form in read. They have also said I need to let them know if the bank have settled or not, I'd like to know how to write this letter to them. Shall I withdraw the application for the new charges to be applied or would the bank think I was silly?

[Dannirich]

sorry i sent a letter without knowing to fill in an n244

[Dannirich]

'defence using s.32 of the Limitation Act 1980'

 

Also where can I get information on this act? I have to send a letter to court tomorrow to say the bank hasnt settled.x

[zootscoot]

How much do the new charges amount to?

[zootscoot]

For claiming beyond 6 years see here:

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

http://www.consumeractiongroup.co.uk/forum/cases-library/95399-case-law-relevant-limitations.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

[Dannirich]

The new charges amount to £445.

[Dannirich]

Thanks for those links above. The bank actually gave me statements back to 04/10/2000 so that is how I was able to put them on my claim.

[zootscoot]

The new charges amount to £445.

 

You can either go through with the amendment which would delay the present claim as they will get a further 28 days to file a new defence. Or wait until this claim has finished and start over for the rest.

[Dannirich]

ok sounds better if I just wait untill the claim has finished. Should I send a letter to the banks solicitor and the court stating what i am doing? Such as I am withdrawing my request for the additional payments etc..

This seems much easier, I have been getting myself into a stress all day with the interest and stuff.

The court have asked that I let them know if the case has been settled. What is the best way to write this in a letter?

[zootscoot]

Should I send a letter to the banks solicitor and the court stating what i am doing? Such as I am withdrawing my request for the additional payments etc..

 

Probably best to leave this as it could be taken as you relinquishing your future right to claim the rest.

 

The court have asked that I let them know if the case has been settled. What is the best way to write this in a letter?

 

Yes keep it brief and simple. Something on the lines of:

 

Claim no XXX

Dear court manager,

 

I am writing to comply with the court order dated XX/xx/xxxx in relation to the claim no XXXXX case of Danni v lloyds TSB.

 

I hereby confirm that the case has not been settled. (give any details of any correspondence or attempts at settlement or state that the defendant has made no attempt to settle).

 

Yours faithfully

 

Dannirich

[Dannirich]

Thanks a million.x will let you know how I get on.x

[Red Rebel]

Good luck Danni and dont worry so much

[Dannirich]

Oh thank you, so your a Liverpool fan! Thats where I live, horay for Liverpool.x

[Red Rebel]

Even more reason why I want u to win

[Dannirich]

Gutted! I cant believe it just got a letter from the court and it says that my claim has been struck out! I'm so upset. Its says if I object to the order I must make an application to have it set aside, varied or stayed within 7 days of recieving it.

I wanted to make a new claim for new charges and to the credit card companies but I'm to afraid to now.

[BARTY]

Hi

Why has it been struck out?

Barty:)

[Dannirich]

It doesnt say!

[Dannirich]

Can anybody give me a bit of guidance on what to do next?

[zootscoot]

Can you post the exact wording of the order?

 

Which court is this?

[Dannirich]

Its Liverpool County Court

 

'Before District Judge Bellamy sitting at Liverpool County Court, Liverpool, Civil and Family Courts, 35 Vernon Street, L2 2BX.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it

 

IT IS ORDERED THAT

 

1. the claim struck out.

 

Dated 25 July 2007

[zootscoot]

Can you e-mail me a copy of your particulars of claim, schedule of charges and the defence.

 

Zoot@consumeractiongroup.co.uk

[Dannirich]

Ok, shall I just scan it in to the computer?

[Dannirich]

Just emailed you with all of the information requested.

Thanks

Dani

[zootscoot]

I can't see any reason why your claim should have been struck out because of your documents, although it was a MCOL claim and some of the courts are getting quite pedantic about these.

 

Did you comply with this order?

 

Just recieved a letter from the court stating that if i did not comply with the order dated 9th may 2007 by 19th july 2007 the claim will be struck out.

 

It states on the 9th May letter:

 

District judge henthorn orders that this claim is stayed until 6th june 2007 to enable the parties to attempt settlement.

On or before 20th June 2007, one of the following steps must be taken:

either

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

or

the claiment or defendent must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all of the parties

or

all the parties must file a completed allocation questionnaire at the court. Where 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 parties and must indicate that is has been agreed.

 

 

 

I suggest you give the court a ring on Monday morning to find out why your claim has been struck out and what you need to do to get it re-instated.