What do I do now?

[Tararabumdiay]

Hi helpful people,

Received a Notice of issue from Warrington County Court that said that claim deemed to be served on 1st August and that A & L had till 15th August to reply.

Yesterday we have received an undated long letter from A & L stating they have asked FOS & courts not to proceed with any other cases until test case resolved, and that they intend to apply to Court for an order to stay our action until resolution of legal proceedings with OFT.

Today we received letter from Wragge & Co enclosing Acknowledgement of Service giving notice of intention to defend.

It says "if you file an ack. of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served seperately, judgement may be entered against you [I assume by saying you it means A & L, not us?]

If you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this ack. of service, it will be asumed that you accept the courts jurisdiction and judgement may be entered against you"

Couple of questions I need help with pleaseeee.......
Do I need to respond or not, if so is it to Wragge or Courts or A & L or all three?
What happens next?
Re. A & L letter sayint they want a stay, does this mean I'm not going to get anything sorted for month?

I am going on holiday next Friday and just want to make sure I am doing everything correctly before I go.

[jansus]

Sorry dont quite understand - does the Wragge letter sound like it is meant for A&L as their client - not you ?

Normally you would just get a letter saying they will defend and then a copy of their defence .

If you look at thread by ICY in General section, Warrington court has not made decision on Stays and it is up to them not the bank

So at the moment if you have not seen defence I dont THINK you have to do anything


jan
just read everything again and post if you have any more questions.

[Tararabumdiay]

Thanks Jan

The cover letter from Wragge says 'We act for A & L in the above matter. We enclose our clients Ack. of Service giving notice of intention to defend. The form attached I think could be meant for A & L so not sure why I have a copy.

It is what looks like a 2 part form. Top part is titled Response Pack Says included in this pack are either Admission Form N9A or Admission Form N9C, and gives choices with regards to admit the claim or disputing the claim.

Bottom part of form is title Acknowledgement of Service and at the bottom are 3 choices and choice 1 'I intend to defend all of this claim' has been ticked. The form is then signed by Wragge & go on 9th August.

Not sure why they have sent it to me though. They is not really any information on it with regards to a defence. Are Wragge meant to send me something? Perhaps they will send something seperately at a later date or is this form classed as their defence?

With my original form I included the completed N1 form, a 4 page Particulars of Claim and a copy of the charges, dates charged and interest claimed, which I assume Wragge got a copy of so I'm not sure if they'll need anything more from me before I go on holiday on Friday?

Fingers crossed Warrington court dont allow them a stay.

[jansus]

If I get a chance tomorrow I will look at my letters - but it does sound as if they sent you the wrong documents! what a surprise.

Jan

[Goldlady]

Sounds like the day I had a big court case and the other party's solicitors left a message for my opponent on my mobile telling him what I was up to - I just love incompetence!!