jellybabe v Cahoot

[zubo]

Originally Posted by jellybabe

ok now, me in panic mode again......seems to become a habit me thinks!
Looking at the orders, Abbey have until the 22nd to send me their Bundle.(21 days after receiving mine).Although i'm sure they somehow get longer anyway!
What do i do if i haven't received anything by then? Can anyone tell me what i have to be prepared for....apart from going court that is. Or maybe receiving my cheque.(i think i'm losing hope a bit).

I'm still here with the same advice,
relax...
justice is a slow process and THEY rely on you to bottle it... so don't!
It may feel like you are being drawn over hot coals but reverse your thinking.. dont you think THEY are sweating because they know they're going to lose.

Think positive - you are lawfully entitled to recover YOUR money, the longer it goes the sweeter the victory and more interest...

IF they submit a defence then you it will be the usual blah blah we are honest and fair and you signed th T&C, the bundle is good enough to support your counter argument - if its fair - prove it...

It will be unlikely to go to court but you may have to complete the AQ - its all in the steps in the template/faq libraries.

Just wait!

Zx

[jellybabe]

Thanks for all your advice so far.
However,i did send my AQ in already in Jan, my Bundle 2 weeks ago and i got a court date for April.
I'm just worried because i haven't even had a single offer since i started the whole process last year.And then reading about all these lucky people on here, that get offers or are settling, makes me worry that there is something in my claim that will fail me.

[zubo]

Originally Posted by jellybabe

Thanks for all your advice so far.
However,i did send my AQ in already in Jan, my Bundle 2 weeks ago and i got a court date for April.
I'm just worried because i haven't even had a single offer since i started the whole process last year.And then reading about all these lucky people on here, that get offers or are settling, makes me worry that there is something in my claim that will fail me.

sorry jellybabe (I do like those - yummy) of course you did... its been a bloody long busy day!!

I still say the same - they are making you worry - don't - delay is a well practised tactic. You have nothing to worry about - honest.
Now fancy opening another bottle....

Zx

[jellybabe]

are you trying to get me drunk?
oh well, anything to calm me down
No, honestly, i hope you are right.You see, there deadline to submit the bundle to me ends on the 23rd March.And am not sure what to do if i havent received anything, which i probably won't anyway.

[zubo]

Originally Posted by jellybabe

are you trying to get me drunk?
oh well, anything to calm me down
No, honestly, i hope you are right.You see, there deadline to submit the bundle to me ends on the 23rd March.And am not sure what to do if i havent received anything, which i probably won't anyway.

well I was rather hoping that you would invite me around to help you celebrate your win

ok there are two ways to play this out
(a) do nothing - if they don't submit a defence then you apply and get judgement by default. This could be another delaying/stalling tactic because they would then apply for a set aside claiming they didnt receive your bundle, court info, went astray etcetc. Then they let you sweat and make a drisory offer - which you panic and accept
(b) send them a recorded letter (copy the court) reference your court case no - reminding them that they only have 7 days to submit a defence and if they don't you will apply for judgement.

Do the latter - but expect them to think you are panicking you and you will get an offer - decline it

Z

[jellybabe]

mmh, not sure which one to go for. In the judges order it says:

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

I've done my bit.But if they don't do their bit it will be struck out (so it says, but does it work like that?).
I bet they find one way or another to go round this.
Anyway, i think i sit tight and wait til the deadline is over. I might just have to get some more "pop" in to keep me calm til then. LOL!

[jellybabe]

oops, just happened to read you post again.I will think about a letter, i think. I wrote to them twice before to no avail.
But one more time can't hurt can it?
Any advice regarding the wording i could use? I tried to find examples on other peoples threads which would help me where to start, but couldn't find anything., I'm not too clever with words.

[jellybabe]

and, do i mark any letter to them "without prejudice"?

[jellybabe]

Do you reckon anything like this would be acceptable??(like i said, i'm not too clever with words):

Dear Mrs Kirkham, 19.03.07

I am writing you one last time to offer you settlement before a court hearing takes place. I am offering to settle this Claim for the amount £xxxx being the Charges and 8% statutory interest, plus £xxx court costs, plus charges in the amount of £xxx levied to my account since claim date. Totalling £xxxx.
Please however, be aware that i am only accepting offers off the full amount claimed.
May i also take the opportunity to remind you that i am still awaiting your court bundle. You have received mine on the 1st March 2007 by recorded delivery (DH xxxxxxxxxxxxGB), and have therefore until the 23rd March 2007 to submit yours to me, by Judges order.

I'm looking forward to your prompt response.


Yours sincerely,

[zubo]

Originally Posted by jellybabe

Do you reckon anything like this would be acceptable??(like i said, i'm not too clever with words):

Jellybabe

do not use without prejudice - you do not need it - and do not refer to money etc etc - it shows weakness.

Keep it simple:

Dear Sirs, Jellybabe v Cahoot in the xyz County Court Ref

I would remind you that by order of the Court you are to submit your defence by the 23rd March 2007. Should you fail to supply within the timescales prescribed by the Court I will seek Judgement in my favour from the Court and this recorded letter will be used as evidence to prevent any set aside action you may subsequently be contemplating.
I suggest that you comply with the order and direction of the Court.

Yours Sincerely

now go and open another bottle... I am hic

Zx

[jellybabe]

Thanks for the advice about my letter, zubo. would love to open a bottle, but unfortunately i'm on nights tonight
regarding

you are to submit your defence by the 23rd March 2007

, is the court bundle classed as defence?I always thought i received the normal defence already beforehand?

[zubo]

Originally Posted by jellybabe

Thanks for the advice about my letter, zubo. would love to open a bottle, but unfortunately i'm on nights tonight
regarding , is the court bundle classed as defence?I always thought i received the normal defence already beforehand?

jellybabe,

I havent had such a laugh for a long time. I just reread what the judge ordered - you supplied yours, the bundle, in response they had 21 days to

)The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed:
a)Pursuant to what contractual provision such charge was being made, producing a copy of the contractual document relied upon,
b)Whether such charge is accepted to be a penalty, and if not, why not;
c)If such charge is alleged to be a pre-estimate of teh Defendant's loss incurred by the Claimant's actions (whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.
d)Any witness statements.
e)Copies of decided cases and other legal materials to be relied upon.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.
3)The original documents shall be brought to the Hearing.
4)The court must be informed immediately if the case is settled by agreement before the hearing date.


You have got to be kidding me - this is their blow by blow transaction by transaction response required by the judge explaining why each transaction is NOT a penalty - ALL banks do NOT respond to this. They cannot, because their whole basis of charging would be exposed.

DO NOTHING - THEY WILL NOT/CANNOT REPLY.
On the 23rd March apply to the court requesting as per the Court's Order to strike out their defence and award you judgement in full.

Zx

[jellybabe]

just got in from nightshift to read your reply. Thanks ever so much for all your help and advice so far.
So all i need to do now is being patient for the next 5 days and then write a letter to the court asking for the strike out. Right?
I'm sure i've seen an example letter on here somewhere, will have a look later when i get up.
I just hope this is over pretty soon. Could do with the money, and also it has cost me SOME nerves, as you might have noticed by now
Thanks again,
jellybabe (mmmh)

[zubo]

Originally Posted by jellybabe

just got in from nightshift to read your reply. Thanks ever so much for all your help and advice so far.
So all i need to do now is being patient for the next 5 days and then write a letter to the court asking for the strike out. Right?
I'm sure i've seen an example letter on here somewhere, will have a look later when i get up.
I just hope this is over pretty soon. Could do with the money, and also it has cost me SOME nerves, as you might have noticed by now
Thanks again,
jellybabe (mmmh)

yes, almost there now. I would go looking for the template so that you know which to use - it may need modifying, but let me know.
Z

[jellybabe]

Thanks again!
i think i found it:

[you]

District Judge ******
C/O The Court Manager
****** County Court
Court Address
Postcode

[date]

Dear Sir/Madam,

[You] -v- The Bank Plc
Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]. Please find enclosed a copy of the order to which I refer.

I wish to inform the court that the Defendant has not complied with the order in that it has not served upon me its evidence, or any such documents, as was specifically directed.

I can confirm that my documents were both filed and served pursuant to the terms of the order on [date].

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

Accordingly, and in view of the terms of the honourable courts previous order, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules.

Yours faithfully

I hope that is the one i need. Been looking for ages now.
Will add my details and then get it ready to send of on the 23rd March, so that it gets there on Monday morning.

[zubo]

Originally Posted by jellybabe

Thanks again!
i think i found it:

I hope that is the one i need. Been looking for ages now.
Will add my details and then get it ready to send of on the 23rd March, so that it gets there on Monday morning.

yep,

thats the one - just needs your bits plugged in...

I'll have a glass of red please.... ta

Zx