Camdenite Vs. Abbey

[Camdenite]

sorry folks hate to bump again, but I could do with a little help. Especially on the question of striking out the defence?

[Camdenite]

Any thoughts, anyone?

[pward33]

No immediate thoughts on your relentlessly complex case I'm afraid but I thought another bump wouldn't go amiss!

[Camdenite]

a gentle bump . Also, does anyone know if Abbey should have submitted a new defence in respect of my ammended claim? Just trying for anything that might get me a strike out:D .

 

Bumping again. Any thoughts?

 

Only a week or so to go and still no news concerning a stay. I expect them to send someone to the hearing to request it though.

[Camdenite]

'nuther bump.:o

[Lula]

Hello trouble, ~I am not sre, was the revised POC significantly different? if not then I am not sure that it would matter that much, but as I say - I am not sure, i would still go for the abuse of process anyway, but look on srfrench thread for tips on how to argue against the stay, which is what they are going to ask for anyway

 

Hope this helps matey

[Camdenite]

Thanks Lula. Will have a look at the French thread. Will probably be back later with questions:o

[Camdenite]

Only just got round to looking at SRFrench's thread (penfold Vs Abbey no' 4). Got distracted on Saturday (pub etc. ) and I couldn't see anything about applying to remove a stay. Am I looking in the right place?

[Lula]

No you doofus LOL you want Frenchy v Abbey (3)

[Camdenite]

Oh, of course. Why didn't you say:p

[Lula]

Sorry, my fault

[Camdenite]

No worries. I was only joking.

 

Just been reading the back end of it and it sounds reasonably encouraging IF you have a clear legal mind and a thorough grasp on these things. I'm no doofus (really) but I don't think I'd be able to argue the case against a stay in a clear & coherent way.

 

My guess is that Abbey will show up on Friday and then I'll have to argue the case with the judge as to why it shouldn't be granted. Am I right in thinking that I then have up to seven days to contest it in writing if I wish? Or was that peculiar to someone else's thread I read?

[Lula]

I dont know, but you could pm Frenchy and see what advice he has to offer , he would be happy to help

[Camdenite]

Thanks. Have just sent a PM. A thought just occured to me. Abbey don't have to request a stay at the Preliminary Hearing stage do they? They could see if the judge sets a Full Hearing date before applying for one couldn't they?

[Lula]

Technically, they should apply previously on a form and pay a fee, it seems that alot of the courts are letting them apply on the day.

[Camdenite]

Hi Lula, You mean they have to apply prior to a Prelim' hearing, not a full hearing?

[Lula]

no, I mean that they have to apply prior to ANY hearing, but they are just turning up on the day and requesting and still, in some cases, you will turn up for court and find that they have applied for the stay

[Camdenite]

OK. That's interesting. As mentioned, I've still not heard a word from Abbey or the Coourt regarding the stay. Let's just suppose they don't send anyone on Friday, then what should I be armed with in order for the judge to strike out the defence?

[Camdenite]

Just back. It's been stayed, as we all suspected. No sign of anyone there from Abbey, but The judge wouldn't accept my reasons for a strike out. Hewas pretty reasonable about it. Hands tied by the High Court recommendations that ALL cases are stayed etc.

 

The one thing that he did put on the Order though, is that:

 

"The claimaint shall submit a new POC in the form annexed to the Notice of Application which the claimant shall serve upon the defendant by 4pm on the 21st September".

 

Any ideas why I should be asked to submit a new POC. Ironically, my orginal POC was submitted along with my ammended claim on the 27th July. the date that the test case was announced. Is there anything I should change in my POC to reflect this?

[Camdenite]

Any ideas why I should be asked to submit a new POC. Ironically, my orginal POC was submitted along with my ammended claim on the 27th July. the date that the test case was announced. Is there anything I should change in my POC to reflect this?

 

Any thoughts?

[Camdenite]

Sorry to bump again, but I'm at a loss as to what to do here. Gary?

[Lula]

i am afraid I havnt a clue, have you tried pm'ing GaryH?

[Camdenite]

Thanks Lula. I try to avoid PM'ing if I can help it. Got a few days yet before I have to re-file.

[Lula]

I would pm him, I know that he is a busy lad and may take a few days to answer

[GaryH]

Just back. It's been stayed, as we all suspected. No sign of anyone there from Abbey, but The judge wouldn't accept my reasons for a strike out. Hewas pretty reasonable about it. Hands tied by the High Court recommendations that ALL cases are stayed etc.

 

The one thing that he did put on the Order though, is that:

 

"The claimaint shall submit a new POC in the form annexed to the Notice of Application which the claimant shall serve upon the defendant by 4pm on the 21st September".

 

Any ideas why I should be asked to submit a new POC. Ironically, my orginal POC was submitted along with my ammended claim on the 27th July. the date that the test case was announced. Is there anything I should change in my POC to reflect this?

Don't know, but if the order asks for it then just submit a new one. No need to change anything.

 

You should seriously think about claiming compound interest on this one IMO. Its being stayed anyway and when the result goes our way in the test case then it'll stand to reason that compound interest is recoverable. Lula's got POC for compound which I'm sure she won't mind e-mailing you if you want to go for it. Go for the lower authorised rate, rather than the 29.9 one.

I would pm him, I know that he is a busy lad and may take a few days to answer

Better late than never!