Leeds Mercantile court 4th October 2007

[j.barton1]

Hi, This is the starter for the case management conference on the 4th October...i know its early but here we are again!! I'll post again when the time has been confirmed but i'll assume its 10.30 am. Third time lucky for me i hope!!

 

Jenny xxxxx:rolleyes:

[j.barton1]

Hiya...I'm gonna send this with my cmc sheet nearer the time...

 

CASE NUMBER

For the attention of District Judge

I would like to respectfully ask for the defendants case to be struck out or dismissed.

I feel they have abused the court system repeatedly and failed with the requests of the court.

They have failed to attend the case management conference we had scheduled in June, giving me no opportunity to negotiate settlement, without following the correct procedures in place for them not to attend.

They also failed to comply with the judges directions given to them, which were to state why they felt the need not to attend the case management conference.

The defendant has had ample time to negotiate with me but have failed to respond to my numerous emails and the courts directions, on a matter that could have been settled months ago.

Respectfully,

Jenny B

[j.barton1]

thanks scoobz...glad you noticed...i didnt

 

xx

[j.barton1]

Right, all go now!! Received my letter today. 4th Oct 10.30 am, doesnt say which judge though, thats all no list so i think i must be the first one...hopefully not the only one LOL.

[j.barton1]

Thanks scoobz

 

xx

[j.barton1]

Hi Jan,

 

I'm too nervous to call A&L, my claim is + 6yrs and i'm scared of rocking the boat LOL. They've not asked for any paperwork, suppose they've still got it from last time. I'm gonna take a letter asking for their defence to be dismissed and wasted costs. Hopefully they'll not show up...again...that'll really pee the judge off.

Thanks again Jan, I might ring A&L once ive built up the courage.XX

[j.barton1]

Hiya Jan.

When i put my claim in a +6yr claim was business as usual, since the test case announcement i am not too sure...i suppose this is why i'm worried to call. I'm waiting for the news from the hearing next week, hopefully it'll be good for them but whatever happens then...it'll give me an idea on what'll happen with my hearing in oct. I'm gonna fight it though if the decision is'nt in my favour...A&L have been messing me about for 9 months now, if they had showed at my last hearing it would have given me a chance to negotiate with them....bugg**s LOL

Jen xx

[j.barton1]

Thanks Jan, I keep looking for an e-mail addy for A&L but cannot find one, was thinking of e-mailing them, wraggies have not responded to the 5 i've sent them.

With any luck the case on the 29th should be interesting. I think scoobz is the only A&L there for the day, hopefully she'll do okay and let us know how thinks went Fingers crossed xx

[j.barton1]

Thanks Scoobz, I've just looked and donna c is A&L, we'll see what happens. Try not to be too nervous...easier said I know LOL.

 

Jen xx

[j.barton1]

Thanks Jan, I think I'll ring them tomorrow afternoon, can't do any harm really? I'll wait and see how they get on at court tomorrow before i decide if i've got the nerve!!

Jen xx

[j.barton1]

Did you see that Lady P has won as well?

 

Dont forget if you do call - play it cool:cool: and just make comment on Wragges - just to see what they say. Still cant see them settling until 3rd Oct soonest That seems to be the way they work.

 

jan

Cool, another win for us. Ill call this afternoon after i get home from work, after i have read the goings on at court.

XX

[j.barton1]

so i just read the 29th August post and it seems like stays will be granted to the banks in october too??! very frustrating and a real clogging up of the courts system...

 

who else is attending? would be good to have some moral support on the day - i'm going to to start preparing so as not to trip myself up - i've filled in all the forms and am a fairly confident public speaker so should be ok.

 

those of you from august - what kind of issues were you asked to address??

Hiya...I'll be there..again! Just got back from my hols and no nice cheque so i'll def be attending.

Jenny

[j.barton1]

Thanks Jan, Nice to hear from you. I'm looking forward to the 4th, should be eventfull!! I'll look through the links..thanks again xx

[j.barton1]

Hi Hun, Had a great holiday but no fat cheque to come hope to. Cant wait for court...gonna be interesting!!

[j.barton1]

Just me & threadworm for the 4th? I cant find anyone else at the mo, i'll keep looking.

xx

[j.barton1]

Hi, Anything we can do...we will

 

Jenny x

[j.barton1]

Hi this is the letter i'll take...any ideas...feel free to edit.

 

I respectfully ask for this case not to be stayed and to continue on as before.

The reasons for this request are as follows.

The defendant did not feel the need to attend the previous case management conference on 28th June 2007. If they had attended this would have given both parties a chance to negotiate, failing negotiations, directions would have been given and the case would have ended by now. This is only delaying the case which has been ongoing since January.

I have tried to negotiate out of court with the defendant but they are reluctant at this time. (see evidence JB 1 ) Although they have quoted that they are not willing to attend court (see evidence JB 2) and have settled numerous cases out of court. (see evidence JB 3 ) I have spoken to a contact at the Alliance & Leicester ( Andy Benson) who has quoted to me numerous times that Wragge & Co have full authority to settle and should be doing that, he has also phoned Wragge & Co and asked them to contact me with view to a settlement which they were reluctant to do.

At the last CMC in August it was discussed that a condition of the stay would be for the un-disputed charges not to be enforced. The Alliance & Leicester sent me a letter (see JB 4 ) saying that they will close my account if I pursue this. The said account has been closed for a number of years so this threat didn’t affect me but the unacceptable retaliatory actions by the defendant shouldn’t be accepted. They have since been fined numerous times for this behaviour.

The defendants as I mentioned before, failed to attend the previous hearing, filed important paperwork at the last minute, failed to communicate properly with the courts and myself and now less than a week before the hearing, apply for a stay. Surely these actions are vexatious and the defendants shouldn’t be abusing the court process in this way?

The stay is being applied for under the blanket of the OFT test case but it has been reported ( see evidence JB 5 ) that the test case might be dropped if the banks agree to lowering their charges, many of the banks have already agreed to this the first being Lloyds TSB. It is also a concern that the Alliance & Leicester is not one of the banks listed in the hearing therefore do not have to defend themselves to the OFT, yet they want protection against claims by applying for a stay.

I hope you consider these points and allow the case to continue.

[j.barton1]

Hi Try not to worry see... http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/101915-leeds-mercantile-hearing-29-a.html ...that'll give you info on the Case management sheet. Ring the courts on monday after 10am...ask for the chancery section, tell them what has happened and is it okay to fetch the cmsheet then...shouldnt be an issue...see you there!!

[j.barton1]

Thanks Jan, as far as i can see the only reason they have requested a stay is cos of the test case...no other reasons..the only evidence they have enclosed is the judges in devon & cornwall issueing a blanket stay on all cases...pretty feeble really considering they are not one of the banks in the test case!!

Ta again hun xx

[j.barton1]

HIya, Edited letter...does it look okay?

 

I respectfully ask for this case not to be stayed and to continue on as before.

The reasons for this request are as follows.

The defendant did not feel the need to attend the previous case management conference on 28th June 2007. If they had attended this would have given both parties a chance to negotiate, failing negotiations, directions would have been given and the case would hopefully have ended by now. They also failed to comply with Judge Grenfell’s directions asking them to explain their absence.

I have tried to negotiate out of court with the defendant but they are reluctant at this time. (see evidence JB 1 )copy emails Although they have quoted that they are not willing to attend court (see evidence JB 2)transcript from bbc radio 4 and have settled numerous cases out of court. (see evidence JB 3 )successfull claims I have spoken to a contact at the Alliance & Leicester ( Andy Benson) who has quoted to me numerous times that Wragge & Co have full authority to settle and should be doing that, he has also phoned Wragge & Co and asked them to contact me with view to a settlement which they were reluctant to do therefore I would like to suggest that this inability for the defendant and their own representatives to correspond or co-operate in this case has resulted in the courts time being wasted in an un-necessary manner.

At the last CMC in August it was discussed that a condition of the stay would be for the un-disputed charges not to be enforced. The Alliance & Leicester sent me a letter (see JB 4 ) saying that they will close my account if I pursue this. The said account has been closed for a number of years so this threat didn’t affect me but the unacceptable retaliatory actions by the defendant shouldn’t be accepted. They have since been fined numerous times for this behaviour ( see evidence JB 5 ). this is money article

The defendants as I mentioned before, failed to attend the previous hearing, filed important paperwork at the last minute, failed to communicate properly with the courts and myself and now less than a week before the hearing, apply for a stay. Surely these actions are vexatious and the defendants shouldn’t be abusing the court process in this way.

The stay is being applied for under the blanket of the OFT test case but it has been reported ( see evidence JB 6 ) bbc news articlethat the test case might be dropped if the banks agree to lowering their charges, many of the banks have already agreed to this including the Alliance & Leicester ( see evidence JB 7 ). this is money articleIt is also a concern that the Alliance & Leicester is not one of the banks listed in the hearing therefore do not have to defend themselves to the OFT, yet they want protection against claims by applying for a stay.

I have expressed my concerns regarding the stay to the FSA, OFT, my MP and the treasury minister. The waiver is up for review but as yet the conclusion has not been published.

I hope you consider these points and allow the case to continue.

[j.barton1]

Right...I've got my 3 packs ready, 1 for me 1 for the judge and 1 for wraggies...if they show up. Asking for the stay not to happen so hopefully they'll listen but if the stay is granted i suppose march is'nt too far away. Is there any new ones coming? I've had a look round the "other" sites and no takers for the 4th.

Jenny x

[j.barton1]

me & threadworm & AndyGFLees & elgincrofts partner....anyone else??

[j.barton1]

hi hun,

 

try not to worry too much, have a look here... http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/101915-leeds-mercantile-hearing-29-a.html ...the first few should help. anymore i can do let me know

 

xx jenny

[j.barton1]

this too...

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/113888-please-read-if-you.html

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

 

http://www.consumeractiongroup.co.uk/forum/general/16950-stay-here-application-grounds.html

 

I have written a letter asking for the stay not to be accepted but if they let it go ahead the above needs to be handed in...with a fee if you want to contest the stay

[j.barton1]

Hi, Your welcome!!

Nerves are normal...i've done this 3 times and i'm still nervous...i've got all my stuff sorted and i am ready now!! Bring it on Hahah. See you tomorrow!

Jenny x