Gulp..LC v NW

[Loonychoons]

Boo. Acknowledgement arrived

[hedgey06]

Boo. Acknowledgement arrived

 

At this moment in time, that's what I call a total bummer

 

You should have their template............ errrrr sorry, defence.......... in a couple of weeks

[Loonychoons]

Ta. Here's hoping they forget but I can't see it...

 

Anyway, I rang Edmonton on Friday and the lady I spoke to said I needed to do an N244 to request a hearing over the stay application.

 

By the by...I did wonder whether cobblers would do a defence if the stay is granted?

[hedgey06]

They'll still do a defence if the stay's granted. Let's face it, doesn't cause them much extra work to send one of their templates out with your details on!

 

It the stay's granted though, click on the link in my sig (the first one for stays) and download the template (post number 2). Try to make it as personal as possible to yourself and your own situation - particularly if you can show grounds for financial hardship, ill-health, etc. Details for completing form N244 are given on the link as well.

[Loonychoons]

Hiya Hedge. Do you think i should wait until the Judge makes a decision on the stay or should I send in a letter requesting a hearing? It seems that Cobblers didn't have to do a form to request the stay, and I appreciate the N244 needs to be completed IF the stay is granted but it hasn't yet??

So I was thinking about drafting a letter explaining whu I'd like a hearing...don't want the judge to think I'm not interested eh?

Whaddya think?

[hedgey06]

To be honest hun, I'd be inclined to wait. They haven't sent a defence in yet so I doubt the DJ will even look at their application to stay your claim until they do. What I will say though is that Edmonton appear to be one of the very few courts that aren't automatically staying claims just because the banks are asking them to - they're dealing with everything on a case-by-case basis.

 

Micky the Hippo had this from Cobbetts yesterday http://www.consumeractiongroup.co.uk/forum/natwest-bank/81590-hippo-natwest-6.html#post1118518. Strikes me that Edmonton are dealing with the law as they see fit as opposed to how Cobbetts want them to apply the law! x

[Loonychoons]

Yes I know Edmonton aren't toeing the party line - and I'm very relieved to hear it.

 

I didn't get a notice of acknowledgement of service from the court btw, just a copy of the acknowledgment from Cobblers. When I used MCOL they were quite hot on sending out the notice as soon as the acknowledgement came in?

 

On a different note, I put in an N1 for Abbey yesterday...mortgage account from a few years back. Their response to my LBA made me wonder if they actually read the letters I sent as they did the standard "OFT case pending -what can we do?" response. So I put in big letters on my N1 "Mortgage Account". That's also gone to Edmonton so that's 3 cases I have with them now - going to be on first name terms with the DJ by then end of it

[hedgey06]

Do you know what? I don't think the banks/building societies/credit card companies read a single thing that we send them. Really ticks me off to be honest. We agonise over each letter trying to make the templates as personal to our own situations as possible - yet they just toss them on to the next desk as though "here's another............ and another............."!!! Grrrrrrrrrrr......... winds me up!

 

With the Acknowledgement of Service, give the court a ring in the morning hun and explain that you haven't received it. They may be behind with their paperwork or it may be an oversight - but it's best to check anyway.

 

Tea and biccies for you with the DJ soon............ although I'd be inclined to take cream cakes and a drop of brandy if you really want to get in there!!!

[Loonychoons]

Rang the court, they said they wouldn't send out a notice of acknowledgement. The woman started off saying that the DJ wouldn't grant a stay based on the letter alone, then back-tracked and said she didn't think he would but he might - and apparently it's all with the judge now but I can't do anything until they get in touch to say what he's doing

 

She did say he still isn't automatically staying cases.

[Loonychoons]

And what plops onto my mat today? Notice of acknowledgement LOL.

Along side that a defence from Cobblers...how do I know if it's standard one, Hedge?

[hedgey06]

Along side that a defence from Cobblers...how do I know if it's standard one, Hedge?

 

Hi hun,

 

If it's one of their standard templates, it'll be along the lines of:

 

1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim................ blah di blah.

 

2. Without prejudice to the foregoing paragraph, if and to what extent that the Claimant proves the allegation............ blah di blah (this bit tends to be if you've got any pre-six year charges on your N1)

 

3. On allocation the Defendant invites the court to direct...........

 

4. No admissions are made as to what charges..................

 

5. In relation to the allegation that the contractual provisions...... (with about (with 2 additional points underneath)

 

6. In relation to the case of the Claimant that the charges must be reasonable within the meaning of........ (with about 5 additional points underneath)

 

7. Save as hereinbefore appears the Defendant joins issue with...........

 

How does that sound? Familiar?

 

They're so predictable you could set your clock by them! x

[Loonychoons]

Oooooh that's spooooky! I'm checking my house for hidden cameras right now. And I thought I was special

There is an extra one in there which is..."Claimant's claim for costs not being sufficiently particularised, the Defendant is unable to plead and reserves the right to plead upon further particulars"

Er....I didn't claim for any costs....

[hedgey06]

Oops, my crystal ball's on the blink tonight! Yeah, it's another little nugget that they like to throw in! I think it depends on how they're feeling when they file the defence (or, more to the point, which typist they use!!!!) And let's face it, you haven't filed for costs so............ check your templates Cobbetts!!!!

 

If they sent you a CPR part 18 request - click on the Nat West Claimants link in the sticky's for what to do next. If they didn't........... get a nice big hole punch and put it through the defence and file it!!!! Might come in handy at a later date!!!

 

Bit of a laugh really when you consider they've got no real intentions of defending your claim at all hun! x

[Loonychoons]

SOD!! Case automatically stayed - will have to do an N244 now. Hedge - will be needing your help, hope you're around this evening? I'll look at your link and give you a shout when I need you!!

[hedgey06]

Sods!

 

I'll have a look at your PM in a mo hun. x

[Loonychoons]

Anyone know where I can find the spreadsheet of settled claims for my N244 application please??

[hedgey06]

If you go into the litigation section, all you need to do is enter the details by ticking the boxes as directed. E.g., choose National Westminster, claim number, date, concluded cases only, username and amount. And choose font size 8 as it prints off much better with this.

 

Once you've chosen the details, the spreadsheet opens up in a new window (couple of pages I think). x

[Loonychoons]

Thamks Hedge, it had to be sent off yesterday so I'd actually found the claims spreadsheet. I'm posting my invoices and new POC off to follow as I didn't have them ready at the time of posting the N244.

[Loonychoons]

No news yet...how long does it take for the court to allocate a hearing?

[hedgey06]

No news yet...how long does it take for the court to allocate a hearing?

 

Hmmmm.......... now let me think........ there's lunch to be had, briefcases to be polished, arguments to be held with solicitors, whisky to be drunk.....................

 

............... how long was the original piece of string?!

 

Not too long now hun - sit tight for a little longer! x