GOT A COURT DATE? Important, please read......

[Mistermind]

(dropped duplicate of posting on T&C thread)

[potterlogo]

I have a court date and have followed all your advise, we have just get a letter from the judge saying that if SC&M do not meet with the order the case will be struck out without further notice. We may apply to have it set aside, varied or stayed within 7 days. What does all this mean please.
From Potterlogo

[photoman]

Originally Posted by potterlogo

I have a court date and have followed all your advise, we have just get a letter from the judge saying that if SC&M do not meet with the order the case will be struck out without further notice. We may apply to have it set aside, varied or stayed within 7 days. What does all this mean please.
From Potterlogo

Potterlogo

I may not be able to answer this question myself, and someone like Gary may.
In order to help him and others provide you with advice on this, could you post an outline (remove any of your personally identifiable info) of what order the judge has asked SCM to comply with ?
Also, was it in response to draft directions that you suggested yourself in an AQ, or was it an order made of the courts own motion?

Regards

[Kjball]

Does anyone have a copy of letter to sc&m/courts for submitting their bundle

[potterlogo]

Hi Photoman
thanks for getting back to me, our case number is to be held at Guildford county court, before Judge Reid QC. we have a date 14th June and of course have heard nothing from SC&M. we wrote to the Judge asking to make an order pursuant to rule 3.4(2)(c) of the civil procudure rule, or other such order as the court deems just.
We then recieved the letter yesterday saying about what i posted yesterday.

[photoman]

Potterlogo

Firstly, remove your case number from your last post, it may enable you to be identified.

So you've applied for a strikeout, presumably on the merits of their defence?

Here's the lnk for anyone interested:

CPR - Parts and Practice Directions

And it looks like the judge has agreed it has merit, but given SCM some leeway to correct it.

I suggest you contact the court next week and get their advise on whether they have complied, and if not, what happens next.


Best regards

[GaryH]

For directions non-compliance, yes?

Oxford County Court by any chance?

Don't worry about the set-aside varied or stayed bit, thats the standard clause on all orders made of the courts own motion. This is excellent news! Just wait. When the 7 days are up call the court and I'll give you another letter. The defence will then be struck out and you win!!

Oh, PM - I got your PM, thanks. Very interesting. Someone will contact you this weekend.

[Johnsworld]

Hi Guys/Girls/Ladies,

I need a couple of pointers if you could help please.

The court dispensed with AQs and directed both parties to submit documents on which they intend to rely to court and the other party by 18 May 2007. My Bundle was submitted to court and bank on 18 May, but have received nothing from the bank. The trial isn't until August.

I didn't put the witness statement in with the bank's stuff but the court office said it's OK as long as I send them a copy now. I've drafted a big nudge letter asking for all my charges plus interest to date and have printed a new schedule.

I just don't know if it's the right time to ask or whether, because the bank don't seem to have complied, I should wait to hear from the court .

Thanks and regards,
John.

[donnalou]

im in same postion as you johnsworld more or less
my bundle had to be with bank and court by today and same of the bank tho ive not recieved theirs
i will be contacting the court tommorrow morning about their non complience i can only reccomend you do the same im afraid

[dazzabambra]

danlou and jonnsworld dont worry scam never send a bundle in ive won three cases now and scam have never submitted a bundle .
if lloyds dont just pay the money into your account soon wait till about aweek before the court date or deadline for submision ring scam and ask them fortheir bundle and i bet you a lloyds service charge (£35.00)lol that they settle there and then.
good luck your nearly there.
darren

[panatella]

I have a five minute hearing with the judge next week prior to the main court hearing. I have presented the documentation listed in AQ but I need a set of Terms and Conditions to present.....can anyone help me?

[GaryH]

You don't need evidence for a preliminary hearing.

[panatella]

So what exactly happens there?

[BARTY]

Originally Posted by panatella

So what exactly happens there?

GOT A COURT DATE? A guide to the later stages

Barty

[panatella]

So i'm finally closing in for the kill?

[Memnoch]

I have decided to add an extra bit of evidence in relation to unreasonable charges.

If these fees are for a service they are unreasonable etc.

I suggest using the Allied Irish Bank website for the Irish bank account fees and charges then the UK bank account fees and charges.

For returned Cheques, Direct debits or Standing orders returned unpaid the charges are below:

Irish branches of AIB = £4.31 (or 6.35 Euros)
Uk Branches of AIB = £25.00 (or 36.81 Euros)

Clearly as previously mentioned on other threads there may be some price fixing going on by UK banks.

[panatella]

Looking at the advice you've given me it seems I've sent everything except my statement of evidence.....how do I go about correcting this at this stage. My pre-trial hearing is next week.

[Makalu]

Hi GaryH.

I have been reading your comments and I am dealing with HSBC and LloydsTSB at the moment. I have a letter from DG Solicitors acting for HSBC that uses the word charge 3 times. It is a stalling letter asking for information they already have yet again but it says "we require an itemised list of the date of the charge, description of the charge and value of the charge.....". Is this relevant as it doesn't mention fees at all and my understanding is that the Bank's defence is based on them levying fees for a service and not charges?

Regards Makalu