Esta56 v First Direct

[Esta56]

Aaarggghhh!!!... Just spent 10 mins writing in this thread, pressed 'Back' to check something and when I came 'Forward' to continue writing, all the text had disappeared (except the title)!!! Blast!!

 

Anyway, Hi to everyone, I just found this site today and so joined.

 

My claim has already proceeded through all the preliminary stages where I claimed £2,357 plus Statutory interest at 8% amounting to £694, received an offer of £2,311 as they stated that some of my claim was outstide of the 6 years. I rejected the offer and repeated my request. As an aside, I didn't think that there was any basis for excluding items more than 6 years old when in fact they were within 6 years at the time I made the request for details of charges under the Data Protection Act. The mere fact that the bank took a long time to answer (I think it was nearly 30 days) and that I then took a week to calculate the charges and write back is irrelevant? Isn't it?

 

Well I commenced a claim through the MCOL facility. The claim was issued 16/05/07 and the status as at 30/05/07 was still at 'Issued'. I take it that the status would change to 'Acknowledged' if and when that happened?

 

Though I'm expecting the claim to be acknowledged, in the vain hope that it's not, when is the earliest I can go into MCOL and enter a Judgment by Default request? I believe it's after 19 days (5 days for the claim to be served and then 14 days for the Defendant to acknowledge). If so then I calculate that the final day would fall on this coming Sunday 03/06/07 and so would be extended to include the Monday (as I understood that the final day cannot be counted where it falls on a weekend or Bank Holiday). This would mean I could not enter my request until Tuesday 05/06/07? Is that right?

 

Lastly, I am happy to enter my claim details but is there a link to the page for submitting the info? I went into look at the First Direct details and there was a request to submit mine but I couldn't see where.

[Esta56]

Though I'm expecting the claim to be acknowledged, in the vain hope that it's not, when is the earliest I can go into MCOL and enter a Judgment by Default request? I believe it's after 19 days (5 days for the claim to be served and then 14 days for the Defendant to acknowledge). If so then I calculate that the final day would fall on this coming Sunday 03/06/07 and so would be extended to include the Monday (as I understood that the final day cannot be counted where it falls on a weekend or Bank Holiday). This would mean I could not enter my request until Tuesday 05/06/07? Is that right?

 

Can someone give me some guidance on the exact timings of when you can enter a request for Judgment by Default. Assuming the maths above are correct, is it a case that at 1 minute past midnight on the next working day you can enter the request or is it a time later that day? Any guidance would be helpful even though I'm expecting a last minute Acknowledgment.

 

Thanks

[owlycheese]

I tried to enter my request for judgement a day early (in error) but the system simply wouldn't let me do it. I logged in again in the early hours of the following day and it was accepted. Got written confirmation from MCOL within a couple of days and FD credited my account about a week later.

[Esta56]

Thanks for the response Owlycheese.

 

Well, I now won't get the chance to request a Judgment by Default as my claim was Acknowledged yesterday (01/06/07)!!! Oh well, no surprises there I guess.

 

So now I wait a further period to see if a Defence is submitted, which I assume it will be!!

[Esta56]

An update

 

A defence was submitted so the MCOL site advised that this will now be transferred to a local court.

 

I heard nothing more until yesterday when I received a letter from the Northampton Court entitled - Notice of Transfer of Proceedings - which advised that all further communications should be with the County Court in Basildon. Fair enough. Also attached was a copy of the Defence document showing DG Solicitors as the contact address. This is my first sight of the Defence document.

 

The issue that has confused me and so maybe someone can enlighten me is that there was another document attached which was a court order from the Northampton court wherein the District Judge ordered that -

 

'The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Note: Any party affected by this Order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.'

 

Is this normal? What is the recommended course of action? I just assumed that the local Court would send an allocation questionnaire. So not really sure what's happening now or my next course of action.

[theforger]

this is normal. Some courts have been dispensing with the AQ. I got the same order when mine was transferred but on reading the case the judge at my local court ordered that an AQ be filled in.

[Esta56]

I'll shortly be writing to DG in an attempt to come to a settlement and then continue regularly until we reach a settlement or go to court.

 

My question is - Should all correspondance with DG be on a 'Without Prejudice' basis or not. The reason I ask is that I understand WP correspondance cannot be included in your Court Bundle if you prgress to court. I read elswhere on here that regularly corresponding with DG would be beneficial if going to court to demonstrate that you attempted to settle out of court. But if you're not allowed to show WP documents then how could you?

[Tiffla]

Hi, Esta.

 

Just don't mark your letters WP and then you can clearly show the court your efforts in resolving the matter.

 

Best of luck, please keep us all "in the know".

[Esta56]

An update......

 

I have written to DG and offer a settlement pre AQ stage. Of course, they haven't responded which is no surprise.

 

But I am now a little confused. I just wrang the court to ascertain the whereabouts of the AQ and was told that in the case of Bank Charge claims, the AQ was being dispensed with. I was then told that the next stage would notification of a hearing date but that they had a large backlog. I then asked if i could still send in Draft Directions and was advised I could.

 

So, any guidance on my next tactics would be gratefully received. My thoughts are to send into the court the suggested Draft Directions plus a list of all the charges (dates, description, amount etc.). Do I need to set out better particulars of the case at this stage re breach of contract, Terms & Conditions etc. Additionally, is it worth sending in copies of correspondance to D&G showing my attempt to reach a settlement and/or comment to the judge on my opinion as to D&G's general tactics/abuse of process etc.

 

My concern is that the judge, having a large case load, may scan my claim and kick it out on the grounds of not having made a case.

 

Help!!!