Dee V GE Money/First National

[Guest deep]

Thanks Chris and Parkvale.

 

They have until the 11th Oct to file defence.

 

If I don,t hear anything by then can I apply for judgement? Or will they have extra time because of the Postal Strike.?

 

MuchO appreciated.

 

Kindest regards

 

Dee

[Chris_w]

phone the court on the 11th and ask if they have filed a defence. if they haven't apply for judgement by default. they know about the postal strike and I don't think they should be able to use this as an excuse for not complying with the courts directions.

[Guest deep]

Will do, and will post up again when I have rang the court.

 

Kindest regards

 

Dee

[Cazziebo]

Will do, and will post up again when I have rang the court.

 

Kindest regards

 

Dee

 

Good luck, Dee - watching with interest as I have charges reclaim, PPI misselling claim and a request they remove a default from my credit file.

 

Useless shower!

[Guest deep]

Rang court and case has been stayed by Court pending OFT.

 

Really annoyed, now , as courts are not even reading POC,s correctly, as I specifically stated it was for a loan agreement and not bank charges.

 

Have been advised to write to court to ask for stay to be lifted and transferred.

 

Asked also if First National had filed defence and was told she didn,t know as they do not look into this if a case has been stayed.

 

Do you think I should ring there Solicitors to see if they have filed defence or fo settlement, as well as applying for stay to be lifted.

 

Any advice guys an gals?

 

Kindest regards

 

Dee

[Parkvale]

The OFT is considering whether unauthorised charges and returned item fees meet the fairness requirements of the UTCCRs. They believe that the test of unfairness under reg 5 of the UTCCRs applies to such charges, but the banks dispute this. They want to have this point of law clarified. So even though your charges were incurred under a loan agrement. The court at their discetion will have decided to put your loan claim under the UTCCR umbrella. The only positive way you may have been able to lift the stay would have been if it was a business loan. Even though First National never applied for a stay. It is down to the individual court how they proceed.

You could apply for the stay to be lifted. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html. Good luck.

[Chris_w]

Hi Dee

 

IMHO

I know it is more expence but You should apply to have it lifted and go for the more expensive option of having a hearing chances are the other side won't turn up and you never Know you might get the DG on your side and he could well agree to lift the stay. I have read other threads where people have been successful. By applying for the stay to be lifted the DG, instead of automatically staying it because he is inundated with cases will have to look at it on an individual basis. The link that Parkvale has some raly good arguments in it

 

What ever you decide Good Luck

 

Chris

[Guest deep]

Hi

 

Have sent recorded delivery letter to court applying for stay to be lifted.

 

Have also emailed them yesterday and recieved reply back saying they have transferred to relevant department to see if stay will be lifted and they will contact me in due course.

 

Keep you updated

 

Kindest regards

 

Dee

[Guest deep]

Hi

 

Recieved letter from solicitors today, ofering without prejudice in full and final settlement £380.00.

 

This covers claim amount but not 8% stat interest or court fees. Asks me either to sign or call to discuss.

 

Have heard nothing from court re: stay being lifted.

 

I am assuming First National have not entered defense.

 

Questions.

 

1. Should I hold out for stay to be lifted.

Or

2. Try and negotiate with solictors

 

Any advise please.

 

Kindest regards

 

Dee

[Chris_w]

Try and cut a deal but make sure its on your terms and that you get what you want. You definatley want your court costs back.

[Guest deep]

Thanks Chris

 

Am I to assume that the Solicitors have not filed a defense and that they do not know the Court has applied for stay:???:

 

Regarts

 

Dee

[Chris_w]

I'm not sure about them not Knowing about the stay. I think they probably do, and it would be wise to go along with that premis. It's all part of the game I think, they have to show the court that they have tried to resolve this issue without wasting the courts time. You have to make a decision now (1) Take the offer (2) Accept the offer as part settlement and continue to court for the remainder (3) Try and reach a negotiated compromise eg: Take offer and court costs. Its completely upto you, but can't you smell the victory in the air. Take some time and think about your options. Whatever you decide to do will be the best thing for you.

[Chris_w]

I forgot to mention DON'T sign anything or instruct the court the case is settled until the money is in your account. I've heard of people not getting paid when they have dropped the case.

[Guest deep]

Hi

 

Update -

 

Stay has been lifted and transferred to Teesside Combined Court, First National have filed their defense and I should recieve shortly.

 

Rang their Solicitors yesterday to negotiate (Twice) Someone was supposed to ring me back but surprise surprise, no one has.

 

Have to wait for defense now I suppose.

 

Kindest regards

 

Dee

[Chris_w]

It probably won't get as far as a hearing, my gut feeling is they will settle before it gets that far.

[Guest deep]

Recieved notification from court dispensing with allocation questionaire and including their 4 point defense.

 

But, it doesn,t tell me what I should be doing now.

 

Urm:rolleyes: What should I be doing.

 

 

Kindest regards

 

Dee

[Chris_w]

I've just been on a mission to answer your question, and guess what I found?

 

Have a look here its cool:D

There is quite a bit of reading material

 

Put it into your favorites..

 

Best regards

Chris

 

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html#post436526

[Guest deep]

Hi

 

Have that link in my favourites, and also continue to update myself on this site.

 

Viewed with interest threads below.

Allocation Questionnaire - Dispensing With the AQ

Is your court dispensing with the Allocation Questionnaire?

Allocation Questionnaire - Dispensing With AQ: Action to Take

New---after 28 Days - Maybe No Aq!!!!!!!

 

Can,t find answer to my question re:

 

I have recieved notification of transfer to local court and that AQ be dispensed with.

 

I have not received any further directions, hence

 

Do I now wait to hear from the court or should I be doing something else.???

 

Apologies if I appear stupid, but I am getting really fed up with this now, as other claims on going which are getting stayed and lot happening in personal life at at the moment.

 

Sometimes think I should just have accepted their offer.

 

But then I change my mind again

 

Need kick up bum today

 

 

Kindest regards

 

Dee

[Guest deep]

Duplicated

[Chris_w]

You should recieve further directions. Phone the court and ask

[Guest deep]

Thanks Chris

 

Will do Monday.

 

Need to give myself a good thrashing over the weekend, to get my self motivated and positive again.

 

Kindest regards

 

Dee