Feater V's Abbey (West London CC)

[feater]

went to court on Tuesday. (West London CC)

 

Abbey didn't turn up.. suprise suprise....

DJ allowed my amendment of amount to be included. DJ was staying most cases (which I knew by seeing other peeps coming out with glum faces that morning).....Asked if I objected to stay... Said I did.. (had draft order in multiple copies but DJ didn't need them) so I gave him my reasonings ie... They knew about OFT case long before it was announced so should have requested Stay within 14 days of my claim being filed or 28 days after their intention to defend..... No mention of stay in their defence either. In my opinion they had more than enough time and ample opportunity to request stay...... No documents/bundle submitted by the 7th August to either myself or the court..Instead I got the standard letter about stays being requested. Explained that I was flooded over a month ago, was in a hotel for 3 weeks and still managed to get my bundle into the court in plenty of time....

 

Then DJ asked if I would be prepared to argue my case if he gave me a hearing date.. Said I would and if necessary would (hopefully) have backing from CAG if Abbey were to attend. He also said that I should appeal if worst case I lost as then I would still get money back if OFT win their case....

 

I then asked if he could stike out defence as abuse of process (again had copies of draft order which I duly handed over).... DJ read through the order and said that he wouldn't strike out defence as this was only a hearing to allow the additional charges but he would draft an order for Abbey to explain their absence, lack of bundle etc. He also said that he would not allow them to enter any further documentation which they would be able to rely on in court as they had not previously done so.

 

I think this is really good news but I may be wrong and they may not settle before hand and I may well be up in front of the judge again!!

 

When I get the draft order from DJ I will copy here.

 

Just goes to show that it's worth being organised.. My date was only a hearing regarding the amount I was claiming and managed to get the potential stay lifted and take away the opportunity for Abbey to submit any further documentation (including request for stay) at the next court date.

 

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[zootscoot]

Excellent Feater!

 

Really promising on objecting to stay and quite interesting what he said about appealing.

 

With the order about submitting documents I would expect you will get a settlement pretty soon.

 

Thanks for sharing your experience. I'm sure many other will find it very useful.

 

All the best

 

Zoot

[jansus]

Thank you for your post - very useful.And Well DONE!

 

Unfortunately my stay came before the documents had to be produced so can not rely on that argument - but I will be doing my best

[feater]

Got court date on 21st December.... Judge has allowed 2 1/2 hours for trial.

 

 

"Upon hearing the Claimant in person and the Defendant not attending

 

IT IS ORDERED THAT

 

The Defendant having failed to attend or comply with the order of 4th July 2007 is debarred from filing any document or witness statement in support of it's Defence"

 

Might wait a week and email abbey with a reminder to pay up!

[zootscoot]

Fabulous!