Help required urgently before 12pm saturday - AQ & stay question

[rh999]

Hi

i need some help with my claim against Lloyds.

 

i hand delivered my AQ to court today to be informed that they have not requested a stay due to the OFT test case.

 

they had however requested a 28 day stay to attempt to settle the claim as per section A in the AQ.

 

with this in mind (more mischevious than anything) i called the solicitors (SC&M) to "discuss" settlement.

 

i was promptly told by their representative that they did not put the request in for that reason, but to give them time to prepare their request for a stay as per the test case.

 

very miffed i called the court and had a look around the internet to see the reasons for this section, and it looks this was wrong - court lady confirmed. when i told her it was clearly delaying tactics - again. she did not disagree....

 

i asked if i sent a letter tomorrow to be added to my AQ pack would it be included. she told me if i send it tomorrow, it would be taken into consideration by the judge.

 

i have drafted the following. as i do not want to get this wrong, as i feel it could be damaging to them, could i get some advice on it please?

 

 

Claim Number:xxxxxxx

 

 

In the xxxxxx County Court

 

Between:

 

 

 

xxxxxxxxx

 

 

Claimant

 

 

 

-And-

 

 

 

 

 

LLOYDS TSB BANK PLC

 

 

Defendant

 

 

 

 

Additional information to support Allocation questionnaire submitted 31st August 2007

 

 

 

 

On the advice of Court staff today, I am writing this additional information to be considered by the judge sitting my case.

 

On delivering my Allocation Questionnaire today to court, I was informed by the court that the defendant has requested a 1 month stay to attempt to settle the claim by informal discussion or alternative dispute resolution.

 

Surprised by this, I decided to call the solicitors of the defendant to resolve quickly.

 

I spoke to a gentlemen in the offices of Sechiari, Clark & Mitchell, called xxxx, and informed him of the fact I was told by the court that they wished to discuss settlement.

 

xxxx stated to me that this was not the reason for them applying for this stay. The actual reason was to give them time to prepare a request to apply for a full stay, as per the OFT test case in the high court.

 

In rule 26.4 of case management for preliminary Stage, a request for stay in an allocation Questionnaire should be issued, if there is a true effort to come to an amicable conclusion.

 

I feel that this behaviour is an abuse to the court system, and clearly delaying tactics on the part of the defendant.

 

I respectively request the Judge rejects this request for a stay, as the defendant has no intention to come into dialogue with myself to resolve this claim.

 

I, the Claimant, believe all facts stated to be true.

 

Signed:

 

Date:

 

 

i need to send this recorded delivery before 12pm saturday, so any advice given would be of great help!!

 

thanks

[car2403]

rh999, I've made some suggested amendments, (actually, I've been cheeky and massively rewrote it, but I was hoping you wouldn't notice! ) if you don't mind:

 

Additional information to support Allocation questionnaire submitted 31st August 2007

 

I, rh999, am the Claimant in this case and I am a litigant "in person". I make this statement in addition to the Allocation Questionnaire submitted to the Court, which is made from my own knowledge and experience.

 

I have been lead to believe that the Defendant, in it's submission in Section A of it's Allocation Questionnaire, has requested a 1 month stay to attempt to settle the claim by informal discussion or alternative dispute resolution - being surprised by this, I decided to call the Defendant's representatives to attempt a swift resolution to free up the Court's resources surrounding this claim. This is the first time that the Defendant has formally intimated that it was willing to settle the dispute at hand.

 

On contacting the Solicitor's Defendant, I was advised that the reason for this request is to give the Defendant's representatives time to prepare a request to apply for a full stay, pending the outcome of the OFT test case, in the high court.

 

In rule 26.4 of case management for preliminary Stage, a request for a stay in an allocation Questionnaire should be made if there is a true effort to come to an amicable conclusion. I feel that this behaviour is an abuse of process and of the Court system, and is a clear demonstration of delaying tactics, on the part of the Defendant. I also feel that this behaviour alters the balance of equality between the two parties at the forthcoming hearing, especially as I am a litigant "in person" and do not have access to the vast legal resources to which the Defendant has.

 

I, therefore, respectively request the Judge turns aside the Defendants request in Section A of it's Allocation Questionnaire, as the defendant has demonstrated no intention to come into meanful dialogue to narrow the issues questioned within the Claim, or to resolve the claim informally..

 

I, the Claimant, believe all facts stated to be true.

 

Signed:

 

Dated this 1st day of September, 2007.

[rh999]

thanks Car

 

i do not mind at all, that's why i asked for help.

 

thats a great response to them.

 

thanks very much, will get this off this morning.

 

R.