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I have been helpng a friend claim back his charges, I posted this on another thread, but I guess it's better with it's own.
Stays can be WON.
The Alliance and leciester were told to put their defence bundle into the court and myself by the 9th of September, I put mine in 2 weeks prior to this and got signed receipts (I have delivered them).
They did not file any bundle so I filed for judgement in default, yet a couple of days later a letter was received from the court re a Stay having been imposed after A&L had asked, and any objections should be put in writing.
We did this, 10 pages of hadrship hardship hardship. We had a hearing 2 weeks ago, which was free I might add.
I gave the hardship thing a good run in the room, it was just a small Judges side office, the judge listedned to me, (I was just the McKenzie friend, but the Judge let me do the talking) the judge then scorned the representative from Wragges for not having any knowledge of this case, and I mean he had none, he really gave him a hard time.
We had the stay overturned using the Hardship rule really.
The Alliance and leicester were then given extra time, until the 30th November, to put in the bundle.
We then had until 31st December to put in the Pre-Trial checklist thing.
Anyone think they will file a bundle?
I am told I can apply for judgement on the 1st December if they don't.
The claim is for just over £7000 and is on the fast track.
As far as I am aware the A&L have not defended full hearings but have defended at stay hearings - They will do one of three things I guess - appeal to have the stay decision overturned - unfortunately they may be successful - make a deal with you out of court - or maybe put a bundle in and then pay out just before the case.
They have kept deveral other A&L claimants hanging about for months despite having conference hearings and stay hearings.
Well done agian hope it goes your way.
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
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offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Won the Stay Appeal. (Sort of)
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