AQs - Stays & Strike out request

[voyager9]

i have been battling yorkshire bank and have already settled a few days ago for full amount see thread for details

voyager9 vs yorkshire ***WON***

i used the new draft directions with the aq together with lincoln order and strike out request for abuse of proccess,

today i received the following order



it is ordered that

the court of its owm motion is considering striking out the defence in this action as an abuse of process.

the basis for this is the fact that the defendant is settling all claims of this nature where claimants are seeking reimbusement of bank charges, with no claims proceeding to a contested hearing.

the court considers the authority of mullen v hackney london borough council (1997) 2 A11ER 906 relevant.

if the defendant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this order, a schedule setting out all claims of this type in england and wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued.

upon receipt of any objections the court will consider listing the claim for an on notice hearing of the strike out issue.

in the absence of any such objections being filed on time, the defence herein will be struck out and judgement entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.


voyager9

p.s. it was newark county court

[minnie2]

Thanks for all the help guys. CAG has been fantasic!!
Got a settlement letter from LLoyds Solicitors ( I am a platinum account holder ) this morning. Will settle in full with interest and court fee's"!! Hurrah. £3,700! Have to sign a letter and agree to terms - making arrangement to have an account review. Am guess I just agree??? Thanks again....

[photoman]

Gary,

As you can't take PM's hopefully you will see this ?

I recieved a offer today, and in it regards the interest aspect they quoted the recent case of .....

Halliday v HBOS.

Would like to discuss this with you, and wonder if you could send me a PM or email ( I think you have my address from previousley)

Regards

PM

[LilDevil]

Hi all, first time poster here, so please forgive me if I don't make much sense (that and I have a fractured elbow and can't type properly)!!!

Started my claims off using MSE (I know some of you don't think too much of them!!), and have so far won 3 claims without too much hassle. Now that I've got to the court stages, I found a link to this site as you have all the court bundle stuff etc.

I've got 2 that are going to court - Abbey, who I've been given a date for, so everything hunky dory (I think), just sending the nudge letters and preparing all my bumpf to be posted before 20 July!

Lloyds, I'm still waiting for a court date, so I thought about sending the template for getting the case struck out (sorry can't remember the proper name of it!) and it mainly refers to Abbey - can I assume that the attachments/references relating to Abbey are equally relevant to any Lloyds cases??

Angie

[mgp]

Stay date is now up so expecting an AQ from court, have written to the solicitors 3 times (copies to court) since receiving the stay as judge was hoping we could settle. No reply from SC & M. Do I attach these letters or anything to the AQ .?

[GuidoT]

MGP - Easier (for me) if you stick to your thread, I will respond there.

[boston3603]

Hello everyone.

I hope you are all well. Have had a letter from Shabbey stating that if a stay has not been applied to my case , they should shortly be requesting one. I have heard nothing from Southampton C.C saying a stay has been applied for. What do I do? Should I write to the court to request that any req. for a stay be thrown aside? Shoudnt they have added it to their AQ already if they were going to. Is anyone else going through southampton?
So sorry to be dim.
Thank you.

[JGJ]

Gary
I prepared my AQ on Monday - but am not submitting it to Court til to-morrow Friday 10/8/07 - since mine for this 1 is a business claim I posted a copy to MARTINEAU JOHNSON ( who seem to be dealing with Business Claims ) on Monday. The thing is they sent me back their AQ to-day requesting a 1 month stay DO YOU THINK I DARE ADD THE REJECTION OF A STAY DRAFT as your new post since i have not filed yet - then post to solicitors saying i forgot to enclose. ?????

[GuidoT]

JGJ - I hope you are not getting the one month stay request on the AQ confused with the OFT stay (which does not apply to business claims).

No do not add the stay rejection to the AQ, just complete your AQ as here:
AQ Completion
AQ Attachment - Draft Order

Then read this thread:
AQs - Stays & Strike out request

[JGJ]

Hi Guidot
No not getting mixed up what i said was that Iam due to file my AQ to-morrow Friday - but i completed it last week-end and posted it to MARTINEAU JOHNSON this past Monday. To-day i received a copy of Lloyds AQ which is asking the judge to grant months stay pending settlement talks. SO since Ive not took mine to court to register it yet - should i dare to add the comments gary made in the AQ - stays & strike out request thread thanks

[MARTIN3030]

Settlement talks ?
I think this may be more about the bank playing for time whilst awaiting the decision from the test case.
My own business claim has 3 times been adjourned at the Banks request pending some clarity.

[SHELBELLE]

Subbing