Help/stay

[charledl]

Have looked at both links as above I have N149 form and in section it should read G/H other information (this is taken from Draft order for allocation)

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

 

Then I send a attached Draft Order for directions

 

I would be grateful if you could check this as I would like to go to the court tomorrow lunch time.

[charledl]

Now want to add this to the above

 

I would like to request for any stay by the defendent is rejected because

The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside.

[charledl]

Please can some one look at my thread charledl vs lloyds I need help with the questionnaire which I would like to have done tomorrow lunch time.

[charledl]

Have read many more threads tonight this is my plan

Allocation questionnaire section G

 

See attached sheets

1.

[charledl]

sorry posted the above before finishing

 

See attached sheets

1. section G - other information - New strategy

2. draft order for directions

 

not sure if I should add the info about a stay as no 3. or add it to the new strategy any thoughts please.

[nestie]

Hi charledl

Just my opinion but I just did what you have done 1 and 2. I didn't bother with anything about objecting to a stay. Have read on a lot of threads that the judges still allow the stays to go ahead anyway so not really much point as far as I'm concerned.

[charledl]

Have handed in my A & Q form yesterday with fee now sit back and wait, making sure I get my court bundle ready. Should I contact the solicoters or not and what is this n244 all about.

[charledl]

Help

I have sent in my A & Q what do I do now do I now send aall my harges to the court help as the 14days is up this week and I do not have time to do much sorting if I need to back to the court help.

[charledl]

I have received my A & Q have sent them in including the fee, what do I do now

• contact lloyds
  
• do I need to send the court anything yet

or do I wait for a court date?

[charledl]

what do I do now I have sent in my A & Q

 

wait for a court date or do I send into the court any statements

[Kazzie]

You just need to wait until the court contact you. This should help you with what happens next

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=15

 

Good luck.

[christinajanep]

did u send a copyof the aq to the court and the lawyer

[BARTY]

Hi

Just wait to hear back from the Courts.

Barty:)

[charledl]

Thanks very much I was worried I had to do something else before getting a court date.

[charledl]

I have now waited 2 weeks for a court date how long does this take and when should I chase up the court

[BARTY]

Hi

It all depends on how busy your local Court is, give them a ring.

Barty:)

[charledl]

2 weeks and nothing from the court for a date how log should I wait until I ring them up

[nicsussex]

2 weeks and nothing from the court for a date how log should I wait until I ring them up

 

Think Barty has answered this above

[charledl]

Received a letter today from the court sayin that the defendant has not filed the allocation questionnaire as directed.

 

It is ordered that unless the Defendant files the allocation questionnaire by 4.00pm on 23rd July 2007 the defence and any part 20 counterclaim will be struck out and judgement entered for the claimant

 

 

any thoughts anyone?

[Kazzie]

Hi charledl

 

Could be good news. They may file it at the last minute or they may not file it at all and then you will be able to apply for judgment (this is exactly what happened to me:grin:)

 

Have you still not recieved their defence? I'm wondering why the judge has referred to a Part 20 counterclaim, unless it's something that's just generally ordered along with the striking out of the defence:???:

[charledl]

I have received a defence from lloyds but they have not filed their allocation questionnaire

[Kazzie]

I take it then that your defence makes no reference to a Part 20 counterclaim?

Sorry to go on about it, it's probably just me misunderstanding the order, but i'm trying to work out if this part of it is just a general order or if it actually applies to your claim.

[charledl]

received a standard order for stay for settlement with consent of all the parties.

 

District Judge thomas orders that this claim is stayed until 21 August 2007 to enable the parties to attempt settlement

 

On or before 5 sept o7 one of the following steps must be taken

the claimant must notify the court that the whole of the claim has been settled or

the claimant or defendant 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 lettere should confirm the agreement of all the other parties

 

 

I am guessing that I need now to write to the defendent using the information on the stay link am I right.

[charledl]

Hi recieved this yesterday

received a standard order for stay for settlement with consent of all the parties.

 

District Judge thomas orders that this claim is stayed until 21 August 2007 to enable the parties to attempt settlement

 

On or before 5 sept o7 one of the following steps must be taken

the claimant must notify the court that the whole of the claim has been settled or

the claimant or defendant 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 lettere should confirm the agreement of all the other parties

 

 

 

I am guessing that I need now to write to the defendent using the information on the stay link am I right

[charledl]

help had this letter

 

District Judge Thomas orders that this claim is stayed until 21 August 2007 to enable the parties to attempt settlement

 

on or before 5th September 2007 one of the following steps must be taken either

the claimant must notify the court that the whole of the claim has been settled or

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

 

 

I need to contact them YES should I use the letter in the forum with regard to stays or should I ring them