**WON** Defence threw out due to non compliance

[welshcakes]

Problem you have aude is that their deadline is this Friday and your hearing is Tuesday so the court would likely allow them to produce it on the day. Having said that, I suspect that if they do turn up, Barclays will not present a Bundle but, in lieu, an application for Stay.

 

So I would take pre-prepared Objection to Stay, N225 (asking for Judgement by Default as no bundle=little case of success if case proceeds) plus, if you haven't already submitted it with an AQ, the DRaft Directions requiring Disclosure by Defendant.

 

The outcome depends on the inclination of the judge on the day; he may welcome the application for Staying and grant it regardless of your argument against such, he may grant your judgement to conclude the claim immediately or he may be willing to proceed to trial and order your draft Directions. Hence you should take all three documents so you have a strategy for any of these possibilities.

[aude]

No Sorry Welshcakes...the hearing is not until the 11th of OCTOBER and not September.

[welshcakes]

oopsi aude, my misread - as a parent recovering from school hols, I've lost all concept of calendar time.

 

I would leave it til next Tuesday and then hand deliver your N225 applying for Judgement by Default; this gives enough of a gap for

1) them to be regarded as unreasonably late in submitting their bundle but;

2) hopefully not enough time for them to get their Stay application to court.

 

Attach a copy of the original Directions. You don't need to send a copy to Barclays.

[aude]

Many thanks again Welshcakes! Can I download the form here N225 here or do I have to ask the court for one?

[aude]

Sent the letter to the court asking for judgement by default as they didn't comply with the directions and submit their bundle by the 7th September . My letter wasn't processed it seems as there was a backlog and I have just called the court office and been told that they requested a stay on the 11th but only paid their fee yesterday so it's still being dealt with:mad: The guy I spoke to asked me to fax over a copy of the letter I sent asking for it to be put before a judge I have just done that. I really don't know what else I should be doing but I am so nervous now. Do I have to oppose the request for a stay at this stage? any advice welcome asap!

[tezl]

hi, think it depends on judge as to whether he allows couple of days grace to bank.,your letter n225 form,must have arrived roughly same time as banks.toss up or judge.

dont know but this seems an important issue.

seems like they are prepared to apply and pay for stay ,before people can get judgement on non compliance

i havent read this any where before.

tez

[slick132]

Oppose the Stay on the grounds that B's haven't even attempted to comply with Court Directions by submitting their Bundle.

 

Did they actually pay a fee for the Stay Application - not heard of this before.

 

Ask Court when the Stay Appl'n Hearing will be so you can attend and oppose.

 

Slick

[aude]

Thanks, is there a specific letter/form I should send to oppose the stay?

[slick132]

Aude,

 

Are you sure B's PAID a fee for their Stay Appl'n.

 

Here's link re Stay objection - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Argue against the Stay on basis that B's failed to submit Court Bundle as ordered by Judge and ask for their Defence to be Struck Out for non-compliance.

 

Slick

[aude]

Hi

That's what they told me at the court office when I called.

Thanks for the link, I just called again and they told me they were waiting for the judge to look at the file so I need to wait for the outcome before submitting my application for removal. Have now printed the forms and filled them in ready for the next step...

[slick132]

Yes, wait for the judge to review and be ready with your anti Stay stuff. Keep us posted .

 

Slick

[slick132]

While you're waiting, have a read at these shorts threads - they'll give you guidance for how to play it when you ask for B's case to be kicked out.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/111081-court-case-today-court.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/110829-court-case-next-week.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/93273-car2403-barclays-bank-court.html

 

Slick

[aude]

Many thanks for the links which I read with interest. I really can't wait to hear the outcome and will be shocked if Barclays get away with a stay when they haven't complied with the court directions no bundles/no letter informing me they have asked for a stay. The court helpline chaps are nice and helpful, just hope the judge will be the same.

[aude]

I am in a right state now! I was expecting the judge to make an order in my favour as Barclays didn't comply with the directions given and submit their bundle.

Instead the letter I received says that my case has been thrown out as I didn't comply with paragraph2 (ii) which when I looked on the directions refers to the allocation to track fee which I paid when I took my court bundle in to the court on 9th August!. I have just called the court and the guy who sent the letter is off today (typical)..they have asked me to fax over a copy of the receipt for the payment. Having done that, I checked with Barclays and the money went out of my account on the 15th August. Now, does anybody know if I should have paid this earlier as I paid by cheque on the 9th and the direction was that I should submit bundle by the 11th August? Unless they don't have a record of my payment having been made I can't think what else it can refer to.

I will be on the phone again tomorrow to find out more but I can't believe this letter as I''ve been in touch by phone a few times to find out the status of my case and they didn't say anything to me about not complying with directions!!! :xand worried sick!

[slick132]

Hi Aude,

 

I've just looked through your last thread and read the Directions, in particular, item 2(ii).

 

Go back to Court and complain to the Court Manager that this should NOT have happened and that you have complied fully with Court Directions. Give him a copy of the pay't receipt.

 

Ask for this to be put back before the Judge immediately so your request for Judgement can be properly reconsidered.

 

Something's bugging me here - in post #22, where Court told you bank paid a fee re a Stay request. Maybe bank put in Stay request AFTER realising the missed their Defence deadline.

 

Slick

[aude]

Hi Slick

Thanks for your reply. The court (Willesden) don't seem very organised at all! They definately told me that Barclays had put in the stay request after the deadline had passed. They have not submitted their bundle as directed nor have they informed me they have made an application for a stay and I thought they were supposed to do that too. I am totally confused. I have faxed my receipt to them now but I really don't trust them to get things done. I think they lost my bundle because every time I call they say they are trying to locate it. I am going to call again and ask to speak to the court manager. will update you as soon as.

[slick132]

If you think you're getting the run around, tell Court Manager you want an appointment to meet with him to see that your case file, Bundle, receipt for AQ and anything else are together and ready to go back before the Judge or you'll be making a formal complaint.

 

Slick

[aude]

Thanks will do! I have called and spoken to them, they've got my request to have it re examined by the judge so fingers crossed this time. the court manager is back tomorrow so I'll be calling back if I don't hear sometime soon.

[slick132]

Aude,

 

I would start chasing the Ct Mgr HARD tomorrow:-

 

1) To seek Judgement in your favour.

 

2) To get this sorted before B's try and sneak in their Stay Appl'n INSTEAD of the Defence they were told to file.

 

It's Judgement time.

 

Slick

[aude]

Slick

 

Do you think I should send a letter to the judge or court manager to arrive tomorrow basically reminding him of the situation that Barclays haven't complied with his directions and yet have requested a stay, and that my letter asking for judgement was not dealt with efficiently. I'm not sure how to put it but I've just got a feeling now that the stay request will be granted due to the court office's incompetence. and I can't seem to get through to the court manager as whenever I ask for him they say he's not available can they help, and I end up having to discuss it with them instead. It's infuriating. grrrrrrrrrr

[slick132]

Letter to the Court ASAP will do fine.

 

Dear Sir, Further to my Appl'n for Judgement in my favour which I sent to the Court on xxth Sept, I am most concerned at the delay caused by the mis-allocation of the AQ fee which I paid into Court on xxth Sept.

 

This has caused my case to be Struck Out for non-compliance whereas, in fact, the Defence should have been Struck out for THEIR non-compliance.

 

Could my Claim please now be put back before the Judge for his urgent consideration so that Judgement may be given in my favour in accordance with the document I Filed with the Court.

 

I look forward to your reply by return. Yours faithfully, Aude

 

What dya think, Slick

[aude]

Brilliant! thanks very much. I did send one off addressed to the judge yesterday by recorded but I am faxing yours off to the court manager this morning. cheers:-)

[slick132]

oops

[slick132]

Aude,

 

From your other thread:-

 

" I am waiting for the judges decision re their request for a stay ( they didn't comply with the court directions so I've asked for a judgement. in the meantime they continue to charge me for going over my overdraft:evil: . Do you think I can add the charges on to the total if I win the case? "

 

If bank agrees to settle out of court, you could try and negotiate later charges into settlement figure.

 

Otherwise, you'll have to start afresh.

 

Any reply yet re lost AQ fee and reviewing your Claim.

 

Slick

[GaryH]

5 Threads merged.

 

If you haven't sent the letter yet you should include in it that your right to judgment has arisen under CPR 3.5, because the courts order has not been complied with and the order contained a striking out clause. Also point out CPR 3.8, which states that where an order contains a sanction for non-compliance, the sanction must be applied unless the defaulting party applies for relief.

 

Incidentally, under normal circumstances failing to comply with an order does not entitle you to apply for judgment - only if there is a striking out clause attached (which there is in this case obviously).