Claim STAYED - HELP PLEASE....

[querkyone]

Did they charge you??

I would go back if they did and ask for it back as the order specifically states you have 7 days to respond and request it to be set aside........

 

Further to the email I sent earlier, I have just faxed a letter of rejection to DG and will recorded post it tomorrow.

 

READS:

17th May 2007

DG SOLICITORS

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: County Court Claim Number xxxxxxx

 

Response to settlement offer.

 

Dear Sir / Madam

 

Thank you for your letter dated 15 May 2007. I respectfully decline your offer of £xxxx.xx as settlement of my claim.

My claim is for £xxxx.xx as outlined in my Particulars of Claim, including court costs of £120.00 and daily interest accruing at xx pence per day and this claim will continue until payment is made in full.

 

I wish to point out that your assertion of part of my claim falling outside that allowed by the Limitations Act 1980 is denied. As stated in the Limitations Act 1980:

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

Your client does not and will not allow full disclosure of true costs in respect of this claim. Having become aware of this from numerous report in the media and by the OFT, I believe your client has acted in a way to deliberately conceal the facts and as such the Limitations Act 1980 does NOT apply to this claim.

Furthermore, your clients costs are NOT properly and fully disclosed.

 

Should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx.xx, plus xxp per day until settled) without further conditions and I will inform the court that the claim is settled.

I trust this clarifies my position.

 

Yours faithfully"

 

Thoughts anyone? I guess they've seen this before, just stating to them I am not happy and want all that is owed and not a penny less!

 

Querky

[Rayne]

holy cow!!!! whats with all the html ????

 

btw nice one querky, my bets are u'll get the lot

[maangov]

Hi querky,

 

No i didn't pay. The clerk referred to one of her superiors who was very heated about it! Her words were "the stay has been awarded. If you want that set aside, you have to submit N244 (not sure if thats the right number) and pay the fee". I explained several times and quoted several instances of previous claims having it set aside without charges, plus the 7 days to respond part. She then informed me i have 7 days to object to the judges order. i could do that for free. i eventually managed to settle on that!

 

I therefore didn't pay. Hoping to hear something soon.

 

Regards

MA

[lateralus]

yes, i just found that out myself - it costs more if you are asking for something to be done - but if you are responding it doesn't.

or like an amendment - if you've notified the solicitor that you are amending it costs less than if you haven't notified them. who'd be a lawyer?????

[Castlebest]

Nice one Querky, the clock is ticking for them

 

pete

[querkyone]

Indeed Pete,

 

The clock is ticking for THEM, not me, which is why I am confident to send the rejection, knowing the only have another two weeks to up their offer or come to court - which they won't. So for me it is a win-win situation

 

Querky

[lateralus]

well, it's friday again - let's see who gets offers today!

[deadzebra]

Querky, what's the email address for DG, I can't seem to find it anywhere.

 

Thanks,

Kev.

[maangov]

Hi querky,

 

I'm following with interest. I had a 'Notice of Hearing' from the court today. My court date is set for early July, so my stay was set aside also .

 

Am hoping i start hearing from DG soon!

 

Good luck.

MA

[querkyone]

All - update as not been around for a week or so.

 

Got a second letter from DG stating they will not up their offer due to some 'charges' being outside limitiations act etc. With just 1 week to go I have rejected, hoping they indeed do not turn up at court or make me an offer just before. They stated in both letters that their charges are published etc.

 

In my rejection I have stated Limitiation Act 1980 does not count as their "Costs" are not published and they have concealed - thus making limitiations act void.

 

They are playing hardball and I am playing hardball back - I think this is one where the one who blinks first looses! And I sure as hell am not going to blink. Don't really need the money, it's a principle thing, so willing to take it right to the highest court in land if I have to - just wish they would understand that and then they would realise they can't really win.

 

Court Date is 05 June 07, so next Tuesday. I actually can't wait.

 

Querky

[Celicaman]

 

They are playing hardball and I am playing hardball back - I think this is one where the one who blinks first looses! And I sure as hell am not going to blink. Don't really need the money, it's a principle thing, so willing to take it right to the highest court in land if I have to - just wish they would understand that and then they would realise they can't really win.

 

 

Querky

 

I got first shout on it, please send to Celicaman A@.............

 

 

Good luck

 

CM

[querkyone]

Well as you got in first, who am I to complain......

Or I could just use it for a nice holiday to the Maldives.....

Hmmmm, now which should I choose - give to Celicaman

or have a nice long 3 week holiday???

 

This will be difficult to answer - Maybe I should ask DG what their

thoughts are

 

;) :razz:

[Castlebest]

Hang in there Querky, your looking good, oh and make it 2 weeks and I will come to the Maldives too

 

pete

[Celicaman]

Hang in there Querky, your looking good, oh and make it 2 weeks and I will come to the Maldives too

 

pete

 

 

Hey, Get to the back of the que boy

[Audreygreeneyes]

Hi querky glad you are almost at the end of the road, it seems this is their new ploy..... a couple of people have had similar the past few days........so am expecting them to use the same tactics on me..........ps I would settle for a weekend in skegness(not being the greedy type)

[querkyone]

Castle and Celica, sorry guys, but much as I would probably enjoy Maldives with you guys getting drunk and all that, I have to say that an offer with a fine lady of Auburngreeneyes in Skegness wins hands down.

 

And NO, don't promise you will weear short skirts etc, it won't work.

 

ALL,

 

Just a thought, Tuesday (5th June 07) is listed as a Hearing for Directions.

Do you think I need a FULL court bundle for this or a slightly cut down version??

Guessing I won't need anything as they won't turn up, but lack of preparation is to prepare to fail and all that malarky.

 

Querky

[Celicaman]

Castle and Celica, sorry guys, but much as I would probably enjoy Maldives with you guys getting drunk and all that, I have to say that an offer with a fine lady of Auburngreeneyes in Skegness wins hands down.

 

And NO, don't promise you will weear short skirts etc, it won't work.

 

 

Well pete, we been rumbled, looks like we gotta find another to sink hooks into to pay the ride, got any more victims lined up

 

CM

[Castlebest]

We cant win Celica, one flash of those green eyes and we lost him

 

pete

[lateralus]

let sanity prevail, guys - here's your answer: GOT A COURT DATE? A guide to the later stages

[querkyone]

Have tried one final attempt to get settlement from them via email.

Court date is Tuesday next week (5th June 07), thoughts anyone??

 

"Miss Tomlinson.

With the pending case to be heard at 12.00pm on 05th June 2007 at Gloucester County Court,

I am writing to you in a final attempt to settle this matter to save time and costs.

The amount presently being claimed is – with interest and court costs - £xxxx.xx.

With a view to settling this as mentioned above, I would be willing to accept

£XXXX.00. I will agree to bringing no further action concerning bank charges between the

Dates of xx/xx/2000 and xx/xx/2005 if you agree to this amount.

If you agree, could you arrange for this to be paid directly in my bank account held with your client

HSBC Bank PLC.

Further to the impending case being a matter of days away, would you agree your anticipated agreement

To the above can be communicated via EMAIL and TELEPHONE call?

I will not accept any form of negotiation via the above means, but purely for you to communicate

Your acceptance of my proposal.

I can be contacted on this email address and also via xxxxxx or xxxxxx

Sincerely

Querky"

[Castlebest]

Looks good to me Querky

 

pete

[Audreygreeneyes]

Good luck with that email querky. it is possible that they are so far behind they have actually missed this.

[querkyone]

One word - WON!

 

The email sent above worked.

 

Just received following email from Lovely Kate Eaves that states:

 

"

Dear Sir

 

Querkyone -v- HSBC Bank plc

Gloucester County Court Claim Number: XXXXXXXX

Small Claims Hearing - 5th June 2007 @ 12.00pm

 

We acknowledge receipt of your email of even date.

 

Having considered your claim with our client, we are advised that our client will settle the amount sought, within your email below, upon a commercial basis with no admission as to liability. Upon this basis, our client has today applied credit funds to your account, Sort Code - Account Number, in the sum of XXX0.00. The sum paid to your account represents settlement of your claim upon a full and final basis for the period claimed, 12th July 2000 to 26th March 2005 inclusive. The funds, whilst applied to your account today, will not show upon your account until the next business day i.e. Monday 4th June 2007, although the credit date will be recorded as 1st June 2007.

 

We consider that your claim against our client is now concluded. In this respect, and in view of the close proximity of the small claims hearing, please kindly inform the Court that your claim has been settled in order that the Court file may be marked as concluded and the hearing scheduled for Tuesday 5th June 2007 may be vacated. Please kindly confirm to us that this is the case once you are satisfied that funds have been credited to your account as advised.

 

Yours faithfully

DG SOLICITORS"

 

YES, Friday night too!

Feels like a celebration coming on here!

[Audreygreeneyes]

Well Done................... Bet You Are Going To Have A Small Party Now...........

[Celicaman]

we're all going to maldives, we're all going to maldives la la la la Hey, la la la la laa