General Form of Judgement of Order - Penalty charges due to Unpaid Direct Debits

[lisa11]

I have recieved the following from my court this morning. Could you please advise me what I should do i.e Paragraph 9 and advise what this order really means to me.

Upon reading the documents filed and upon it apearing that there are so many similar cases proceeding in this courtwhich do not come to trial and upon recognising that the courts resources are finite and of the courts own motion.

It is ordered that
1 - The claim is not allocated to a track but will be allocated when directions are given pursuant to Paragraph 8.

2 - Allocation questionnaires are dispenced.

3 - The claimant shall by 00/00/07 file and serve on the Defendant a schedule setting out each charge of which the claimant claims repayment together with an explanation of the basis on which the claimant claims each charge is unlawful or any other basis on which theclaimant claim repayment.

4 - If theclaimant fails to comply the claim will be struck out.

5 - Tha claim shall be stayed from 00/00/07 - 00/00/07 to give parties an 0pportunity to reach a settlement.

6 - If no settlement is reched by 00/00/07 the Defendant shall by 00/00/07 file and serve a schedule in response to the claimants schedule stating in respect of each item claimed.

a. pursuant to which if any contractual provision such charge was made

b. if such charge is alleged to be unlaawful the basis on which it is so alleged.

c. if it is alleged the charge is a genuine pre-estimate of the defendants loss incurred as a result of the claimants actions (whether or not such actions are in breach of contract) all facts matters on which the defendant relies as showing that the charges are a genuine pre-estimate loss including the Defendants positive case as to the actual cost dealing with such actions: and

d. draft directions for the further conduct of the case to be agreed with the claimant if possible.

7. If the defendant fails to comply with paragraph 6 of thgis order the defence shall be struck out and the claimant shall be entitled to judgement without further order.

8. If the defendant complies with paragraph 6 above the matter will be referred to a District Judge for dircetions.

9. Any party affected by the order may apply to have it set aside varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served.

[JAMES33]

Basically, this is saying that you need to send a schedule of charges to the Abbey by a certain date otherwise your claim will be struck out. If you comply with this direction then the Abbey has to submit details of the actual cost to them of your bouncing cheques and dd's etc (which they won't do) failing which their defence is struck out. So as long as you comply with your part of the directions, abbey's case will be struck out! That's great news for you - looks like you may be getting some money very soon - well done!! Out of interest, which court are you at?

[Lula]

Lisa, James is correct, but you also have to set out the relevant law that we are applying to this. look in the stickies and the library for the POC's it states it all in there.

[lisa11]

Could anyone please tell me that when sending in my statements and relevant law cases whether i need to justify why I am using these cases as thjey seem to be self explanatory. Also at this stage can i put in a statement of evidence and case summery.

[lisa11]

I have rung up the courts today as abbey had until today - requested by the courts - to offer me a settlement which they ignored. They now have 7 days to send to the courts why there costs are lawful.
Should they fail the claim will be struck out.

Could someone with first hamnd knowlege ploease advise me what i should expect to happen at this stage from Abbey and any suggestions whether I should send a letter to the courts advising of Abbey completley ignoring all correspondance.

[chelseaboy]

Hi Lisa, I take it you put your bundle in on time ect, It looks exactly the same as what I had with Judge Murdoch @ Northampton, all I did was sit tight, wait for their deadlines to run out then when the time came, I applied to have them struck out, I won (Money cleared today ) due to their non-compliance, I got lucky and never went to court (though I was prepared too) Read the Chelseaboy vs Abbey thread, you should be able to tally up where you are, but basically, If they apply for a stay, I'd expect they will get it, but if you get through to Judgement in default then basically you've won.

[lisa11]

Chelseaboy,

You have got me really worried now. I was simply asked to provide evidence of charges and why these costs were unlawful so this is what I had provided to Abbey and the Courts. I had put a previous thread on here to see if I needed to submit the bundle at this stage but as i do not have a court date I was advised no.

However, I am in the process of writing a letter to the courts explaining I have had no correspondance from Abbey.

[chelseaboy]

Sorry Lisa, not been on for a few days, I'm sure your ok with what you did, I think it was a case of Mrs Chelseaboy wanting to be triple sure we gave them enough information therefore basically put in the whole bundle, kit and kaboodle, though if I got a court date i'd have added even more!!!!!! Anyway, if there wasn't enough info i'd have thought the court would have informed you as such before now so I wouldn't worry about it..... With a bit of luck it's irrelevent anyway and you'll be sorted soon.