Judgement against bank. What now?

[Domant]

I dont know how to!

Steph

[lateralus]

top right hand(just above the forum messages) - small blue box - says, welcome domant...

click on blue private messages

 

new screen - on left pick compose message

new screen - put syds mum in top line

put pm in second line (or anything)

 

then in the message - send syds mum your e-mail addy , then press send and she will get your message and will send you lots of helpful stuff by return e-mail (best not to put e-mail addy's on the forum as you might get a lot of unsolicited stuff - that's why she's asked for your e-mail - to keep your addy private between you two)

 

good luck -

we all started somewhere - believe me! i didn't know diddly squat when i started here!

[freakyleaky]

Or Just click on this Send a private message to syds mum

 

Hi Lat! Thanks for the Cat cotrol tips by the way! I will pm you for the other methods later!

[lateralus]

ah, well, you see fl, i was teaching her how to do it - you are doing it for her - give a man bread and he lives for a day - teach him to grow wheat and he lives forever (or something like that)

i'm pm-ing you now!

[freakyleaky]

You are so right Lat! Wise words as usual!

[jailbird]

Hi Latty

 

Long time no hear. Are you ok? Hope so.

 

Sending hugs

 

Chris:D

[syds mum]

hi there domant i have sent you a pm.. so just have a look at top of your screen where it says welcome domant and there should be a message waiting for you... highlighted in blue...(sorry to repeat lattie) have a look and you can just click reply...with your e mail..

 

debbie xx

[Domant]

Have sent a reply hopefully it wil arrive where it was meant to. Thanks for the help , i have to confess to taking the easy way out though.

 

Steph

[lateralus]

never mind, steph - your bread will only last a day, need to learn to plant sometime! - lol

chris, i'm fine, just working part time til xmas and finding it a drudge to stand for 4hrs when you aren't used to it. but loving being in a shop - and it's all go, go, go - so i'm forgiven for being tired....

btw - cat**** three times this week in my garden - i'm may be taking drastic measures soon!!!

[Domant]

Bread for a day sounds good right now, First payday next friday, think i can make it last a week?

 

Chris will be contacting you soon for info if thats okay?

 

Steph

[syds mum]

hi dormant have got your pm now will e mail the stuff over now could you just answer so i know you have recieved it...

 

debbie xx

[Domant]

Hi Debbie sorry to be a pain, whilst at work today the other half decided to mess with the computer and decided in his wisdom to reduce my e mail list of all the things he deemed unimportantand and has deleted your email. Fool! polite though arnt i.

Please could you send it to me again

Sorry again!

 

Steph

[syds mum]

hi love no probs only just got in from work so will send it now for you..

 

men eh!!!

 

debbie xx

[Domant]

Hi peeps,

I have downloaded some stuff i need from an email sent to me by Sydsmum that i need for court, but am unable to open the file , anyone tell me how?

 

Steph

[jowalshy]

If you e-mail it to me I could probably help. It might be zipped up and unless you have the unzipping program you won't be able to access it.

[Domant]

I haven,t an email for you ,and wouldn,t know how to send an attached file without directions. i have asked if i can telephone instead. I am in court on Monday so not long now.

 

Steph

[Domant]

Have sent it to you Jo, i think, let me know if yu recieve

 

Steph

[jowalshy]

Hi Steph. I think you have forwarded the wrong one. The one I got was the email you get from CAG informing you about a post.

[Domant]

i,ll try again

[jowalshy]

I have just emailed it back to you in a XML format. The original wasn;t zipped and was just a word file. Do you have microsoft word on your machine?

[Domant]

No, only windows things

[jowalshy]

I will try another way. Hang on it may take a while.

[jowalshy]

I think the best way is to put it on a post and then you can copy and paste it into a word page on your machine:

 

1st page:-

DERBY COUNTY COURT

xxxxxxxxxxxxx –V- HSBC

CLAIM NUMBER xxxxxxxxxx

 

THE CLAIMANT’S RESPONSE TO PART A OF THE DEFENDANT’S

APPLICATION OF ORDER TO SET ASIDE JUDGEMENT DATED

xx.xx.2007 AND THEN STAY THE PROCEEDINGS

 

 

“2. (i) The Order dated xx.xx.xx be set aside and the Defence be reinstated on the basis of CPR r3. 3(5) (setting aside order made of court's own motion) and/or CPR r3.9 (relief from sanctions) and/or CPR r3.1 (2) (a) (extension of time) and/or CPR r3.1 (7) (power to vary or revoke order); “

 

 

Please find below quotes from Civil Procedure Rules (CPR) as obtained from ministry of justice web site,(copy enclosed) that the Defendant uses as the basis to reinstate their Defence and have Judgement set aside, and my responses are in red and anything I rely on is marked SM-;

 

 

CPR r3.3 (5)

(4)

The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

 

Claimant requested strike out order on the xx.xx.xx, due to none compliance. It was not done on the courts own initiative.(Please see page SM – 13).

 

 

(5)

Where the court has made an order under paragraph (4) –

(a)

a party affected by the order may apply to have it set aside (GL) , varied or stayed (GL) ; and

 

As above

 

(b)

The order must contain a statement of the right to make such an application.

 

 

 

CPR r 3.9

 

(1)

On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –

(a)

the interests of the administration of justice;

 

Granting this set aside and stay prevent this.

 

(b)

Whether the application for relief has been made promptly;

 

The Defendant has had ample time; this case was first brought to their attention on xx.xx.xx.

[jowalshy]

2nd page:-

 

©

Whether the failure to comply was intentional;

It was, as they have failed to comply with this type and similar directions from the courts for in excess of 12-18 months the volume of cases is proof. (Please see list of settled claims pages SM – 14-21)

(d)

Whether there is a good explanation for the failure;

They have had ample time to prepare for this case they have had ample notice and are a professional legal company and have dealt with thousands of this kind of case prior to dealing with mine.

 

(e)

The extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol (GL) ;

None they have failed to respond to any form of communication from either the Court or myself.

(f)

Whether the failure to comply was caused by the party or his legal representative;

Since the legal representative is acting on his clients behalf, the instructions they are giving are from his legal expertise.

 

(g)

Whether the trial date or the likely trial date can still be met if relief is granted;

This is no longer applicable as the Court has struck out the defence for Non Compliance.

(h)

The effect which the failure to comply had on each party; and

On the Claimant the out lay of the cost of bringing this claim and the prospect of now having to wait years for recompense is very stressful.

(i)

The effect which the granting of relief would have on each party.

Would have no significant effect on the Defendant but would have a great deal of benefit to me the Claimant and relieve financial pressure.

 

(2)

An application for relief must be supported by evidence.

Where is the evidence from the defence with this regard?

CPR r 3.1

(2)

Except where these Rules provide otherwise, the court may –

(a)

extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

The defendant had ample time in which to apply to the court for an adjournment if they required further time, they did not, nor have they done so in any of the thousands of other similar cases.

 

[jowalshy]

3rd page:-

 

(7)

A power of the court under these Rules to make an order includes a power to vary or revoke the order.

This has already been covered in my response above.

 

“2. (ii) The claim be stayed pending the final determination (including, for the avoidance of

doubt, any appeals) of the Commercial Court proceedings issued on 27 July 2007 between the OFT and the Defendant (and seven others) comprised in Claim No. 2007 Folio 1186 (the Test Case).”

The Court order was issued on the xx.xx.xx well in advance of the OFT announcement and therefore takes precedence. As the Courts Civil Procedures are an act of Parliament and the OFT waiver is just an agreement between 2 financial bodies and the bank’s. In the OFT waiver the bank’s have agreed to abide by the general rules of law. This court order was such.

“(i) Insofar as the application is based on CPR r3.3(5) and/or CPR r3.9 and/or CPR r3.1(2)(a), the sanction of striking out the Defence for the Defendant's failure to provide certain particulars of its Defence within 28 days of receipt of a schedule and certain further information from the Claimant is disproportionate,”

 

The courts direction was 14 days and not 28, this shows the exact level of duty and care they have applied to my case, by getting something as vital as this wrong.(please see copy of directions pages SM – 22-23highlighted dates).

particularly in light of the fact that (1) such particulars require extensive legal analysis and the application of those matters in each case to a range of charges, terms and conditions levied at various times,

This is something the defendant has been working on for in excess of 12 months as this is not the first case of this type, but one of many thousands. The defendant is well acquainted with the extensive legal analysis required , this is yet further proof of their “abuse of process”.