AQs - Stays & Strike out request - Page 3

Kamron · 6th April 2007, 23:30

Can I ask whilst I am currently completing my AQ, Do I attach all my Bank statements ,or spreadsheet of charges with the first N150 AQ and do I also include a basic court bundle at this stage ? and what is the statement of evidence?
So sorry if I am asking in the wrong place, I am very lost on how to just ask a question on this site.

GaryH · 7th April 2007, 08:30

No, you don't need anything like that at this stage - the AQ is only to help the judge decide on allocation. The evidence and documents you describe will be requested at a later date.

Just Frugal · 27th April 2007, 10:34

Ok. So what about cases where the AQ is being dispensed with?

I've just been told by the court that I won't be getting an AQ. I'm now going to submit, as a suggestion to the judge, the draft order for allocation. But should I include another page regarding any possible SCM / Lloyds request for a stay as per this thread?

I'm assuming that in the same way I am still going to send the draft order into the judge, that SCM could still send in a request for a stay.

Any ideas?

GaryH · 27th April 2007, 18:07

No, they won't. If there is no AQ there will be no stay request from SC&M.

angelcat · 22nd May 2007, 13:41

In relation to courts ordering a stay in proceedings, I would like to bring my thread to your attention: http://www.consumeractiongroup.co.uk...yds-court.html. I am seeking advice on what to do in this situation, and if anyone else is in the same situation, the advice posted may be of help.

Thank you.

GaryH · 22nd May 2007, 23:12

Link doesn't work.

sianie012 · 23rd May 2007, 07:50

Thanks to GaryH for all this information. I would like to communicate with Lloyds and my case has been stayed until 27th June, but I would also like to apply to change the particulars of my claim as they were too vague; do you think that this will affect my stay date, by extending it furthur, or do you think I should let the stay expire??? I am really unsure of what to do and it is such a lot of hard work while working full time!!!

Hopefully all worth it in the end!

crescendobabe · 26th May 2007, 12:58

Hello anyone! I've never posted anything before and don't know if I'm in the right place or anything! My fiance is quite far advanced with his claim for about £8000 and we have been waiting for a court date.We got a letter from the court today saying that Lloyds has to submit their AQ by 4th June or their defence will be struck. What could happen next? Could they ask for a stay then?

mickand · 29th May 2007, 15:08

I have not been asked to file an AQ and been informed by the court that they may be ordering a stay in the hope that Lloyds will settle. Should I write to the judge asking not to stay the case and request a strike out on the grounds that Lloyds are abusing the process?

photoman · 29th May 2007, 22:34

Quote:

Originally Posted by mickand

I have not been asked to file an AQ and been informed by the court that they may be ordering a stay in the hope that Lloyds will settle. Should I write to the judge asking not to stay the case and request a strike out on the grounds that Lloyds are abusing the process?

Mickand
The very first post of this thread will answer your questions.
Regards
PM

mgp · 8th June 2007, 16:20

GARY H
Just received a STAY on my claim and have decided to write to SC and M the letter
2) How to deal with it if a stay has already been ordered

as part of their defence they objected to me claiming for over 6 years , I then wrote saying I would agree to drop the extra months (copy to the court) so that a speedy conclusion could be reached etc etc.this was before the stay was ordered.

Have so far heard nothing back. My question is would you also include this again in the letter you advised we send, and if so what is the best way to word it.

MG

GaryH · 8th June 2007, 18:25

Nah, to be honest I would'nt worry, although you can if you wish.

SC&M won't read it anyway! Its just to make them look bad in the eyes of the court.

When the stay period is over and you notify the court make sure you attach the previous letter you sent as well.

Brucey · 8th June 2007, 19:53

Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

Or if we intend to go this route is it advisable to go the draft order for directions route first?

Request for the bank's defence to be struck out

mgp · 9th June 2007, 10:34

Gary
My stay is until 1st July 07 - the court letter then states I should notify them before 16th July if the claim has been settled etc or we must file an allocation questionnaire (does the court send us these)

My questions
a) I take it this must be done between 1 and 16th July and not before?

b) will I then get a court date and have to start compiling my court bundle.

C) What are the chances of Lloyds settling before a court date if I have previously sent them the How to deal with it if a stay has already been ordered letters you advise we sent.

photoman · 9th June 2007, 20:21

Claim now at AQ stage, which needs to be filed on Monday, and got a question for anyone to advise upon ?

Got a small dilemma here guys,

Got to file my AQ by Monday,
On their defence they did manage to find one single small error on my spreadsheet of charges.
The charge itself is still legit, however I had somehow manage to put the date of it down as being one month earlier than it actually was.
Now,this does not affect the total of charges claimed... however it does have a small effect upon the interest charged thereon by myself.

Now, can I just put an amended schedule of charges in with my AQ, and bearing in mind that this would actually be bringing my claim total down slightly, I cannot see how they or court could object?

Am I right here?

How could I go about this?

Where on the AQ should I mention it?

and any suggestions anyone on how to phrase it?

Should I also send the amended schedule by fax to the Solicitors Monday, and state on AQ that they recieved it same day?

Should I also send an amended schedule of my own interest charged thereon, bearing in mind that although the amendment will have brought the total claim down a tiny amount, this will be countermanded by the fact that time has passed since, and so interest will have risen again?

Or.... should I just not bother?

It's only a trifling amount, they ( and presumably the court having recieved their defence also) are aware of it, and I don't see it as being a cause for a call for a strikeout?

Or am I soooo wrong !!

Any help anyone ?

Pleeeeease...... got to decide by Monday !!!!

PM

Brucey · 11th June 2007, 12:28

I'll repeat if I may .....

Quote:

Originally Posted by Brucey

Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

Or if we intend to go this route is it advisable to go the draft order for directions route first?

Request for the bank's defence to be struck out

If Gary doesn't know the answer, does anyone else?

GuidoT · 11th June 2007, 12:59

Quote:

Originally Posted by Brucey

I'll repeat if I may .....

If Gary doesn't know the answer, does anyone else?

Gary knows the answer, he has, for whatever reason not responded.

I see no reason why not, read post 2 of this thread and combine with an appropriate letter from here:
New---after 28 Days - Maybe No Aq!!!!!!!

GaryH · 11th June 2007, 22:40

Sorry. I don't get to all the subscribed threads before they slip away lately. If you haven't answered it in 24 hours then it dissapears for some stupid reason!

Quote:

Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

Or if we intend to go this route is it advisable to go the draft order for directions route first?

Request for the bank's defence to be struck out

Yes, you can still write in with case managment proposals, although they're far more likely to get ignored without an AQ. Its a bit like an application by the back door and without the fee. Here -

Abbey abuse orders - keeping the pressure on.

Amend to suit and attach the links from post #1.

With regards to a formal application for a strike out, as per your other post - yes its certainly a possibility.

I've never gone as far as recommending it specifically before becouse IMHO there are some potential pitfalls or drawbacks, as outlined in these posts -
Srtrike out the banks ..........

I've always taken the view that a formal application would be disproportionate, and that the majority of courts would continue to take the conservetive view and give the defendant the benefit of the doubt.

In the last few weeks though we have seen a very large increase in strike out orders of the courts own initiative and and increase in the number of courts making the orders.

Its definately coming to a head and actually I'm now starting to think that a formal application to strike out is perhaps becoming an increasingly viable option. This is especially true where there are other factors on top of the abuse angle, such as the breaching of an order, or if the defence does not comply with part 16. In those instances I would certainly recommend applying to strike out.

Here's an application 'template' if thats the route you want to go down. If you use it though make sure you amend to suit, and take away section 1. from the part C statement as well as any reference to CPR 3.4(2)(c). Unless of course an order has been breached in your claim as well!

DavidC Vs Lloyds TSB *** WON! ***

Good luck.

Brucey · 12th June 2007, 13:22

Can't thank you enough Gary, any answer would've been great but that level of help is a tremendous gesture on your part. Thanks again.

Brucey · 12th June 2007, 13:49

On balance I think we may just sit it out and wait, despite agreeing that it's coming to a head and that formal applications to strike out the defence are becoming more viable. It currently seems that the judges/courts are themselves beginning the job of stopping the banks using the court process as purely an intimidatory tool and with the problems listed here Srtrike out the banks .......... it probably isn't going to increase the likelihood of a payout nor make getting a payout any easier nor speed up the obtaining of the payout ... possibly even the opposite. And we have no other factors to add to add to an application, just the abuse angle.

Probably, in our seemingly straightforward case, by simply being prepared & getting a 'correct' bundle in on time, success should be ours with little or no fuss.

Hopefully, at least by prompting this discussion I would have helped someone ... my legal knowledge isn't going to I'm afraid!

Thanks again Gary, and thanks Guido too for the response.

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