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i have just recieved this letter from the court and just wondered if anyone else had anything similar and how long it could be now?
IT IS ORDERED THAT
The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.
HSBC - 11/9/06 - prem letter sent 19/9/06 - lba sent £3391 requested 5/10/06 - MCOL 17/10/06 - offer for £1600 on one account recieved 28/11/06 - Full offer recieved
Capital one - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent for £640
Lloyds TSB - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent fro £732
Lloyds TSB - 26/9/06 - prem letter sent - £391
Interesting - it should certainly put the cat amongst the pigeons at Cobbetts. They will need to come up with a pretty good response to that.
It would appear that they have peed the judge off a bit!
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
yes apparently im like the third ive seen in lincolnshire in a matter of days you think the judges had a christmas do and decided to put the banks in line? lol mines at boston court
HSBC - 11/9/06 - prem letter sent 19/9/06 - lba sent £3391 requested 5/10/06 - MCOL 17/10/06 - offer for £1600 on one account recieved 28/11/06 - Full offer recieved
Capital one - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent for £640
Lloyds TSB - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent fro £732
Lloyds TSB - 26/9/06 - prem letter sent - £391
Like josamolly I would also like additional info ie case no etc. I am about to submit my claim against Lloyds so, to try and speed things up I would like to try and put pressure on at the N1 stage. If it has no effect then the next step would be the revised method of aq.
I don't think it would be right to start quoting claim numbers and orders from claims that are still ongoing. Besides, the claim form is'nt really the place to anyway, your POC is only for setting out the factual basis of your claim.
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I agree with Gary. I tried quoting cases of default judgement that had been settled in my case against their set aside application. The judge dismissed my submission as irrelevant to my own case and the application she was hearing.
We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow Natwest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.
Paul
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow Natwest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.
Good point. Its a good start, but no more. I would guess that most judges are still likely to take the more conservative view and give the defendents the benefit of the doubt.
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
It's about time someone at the courts noticed the massive abuse of process, especially by Natwest. It is doen to each individual court/judge though, but it might be an angle to try in claims elsewhere using similar wording. However I know others have quoted the amount of claims settled out of court without much success.
I can't wait to see Cobbett's reply - please keep us posted!
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Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
just to let you all know we recieved our cheque this morning from a scared cobbetts!! looks like the judges scare tactics were scarier from theirs!! only it was 116 quid short so speaking to them in a bit. ive also given them my 0701 number so getting my money back from them in more ways than one lol
HSBC - 11/9/06 - prem letter sent 19/9/06 - lba sent £3391 requested 5/10/06 - MCOL 17/10/06 - offer for £1600 on one account recieved 28/11/06 - Full offer recieved
Capital one - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent for £640
Lloyds TSB - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent fro £732
Lloyds TSB - 26/9/06 - prem letter sent - £391
do you know the name of the judge dealing with this? I sent my AQ off on the 22nd December and i am waiting for a response from Wakefield county court. i think it would help if i could bring the action being taken in your area to thier attention.
Jennifer Moss:?
If the banks have to start charging us to have an account does that not prove that "charges " are making them a profit??
Great news, well done. Please remember to let the court know that the claim has been settled - this is very important!
Heres a letter if you like -
The Court Manager
Your county court
Court Street
Town
Postcode
Date
Dear Sir/Madam,
You v ****** Bank Plc In the ****** County Court Claim No: ********
I write to inform the court that the claim as detailed above, in which I am the claimant, has now been settled in full by the defendant. As such, no further action is necessary in this claim.
I wish to apologise to the court for the wasted time spent processing and managing this claim, but would like to add that I made numerous attempts to resolve the matter before the commencement of litigation, which were each time rebutted or ignored by the defendant.
It is submitted that the defendant had no intention of defending this claim, and I think it reasonable to infer that filing a defence was solely an attempt to dissuade me from pursuing my legitimate right of seeking a judgement from a court. The pattern of the hundreds of cases settled by the banks in identical circumstances would seem to support this contention.*
Yours faithfully,
* Last paragraph optional!
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Good letter, perhaps it should be added to the Library. Maybe if the Court Managers get enough of them, they will be able to bring pressure to bear on the Court Service if the patttern is able to be proved and what better way than a pile of letters.
hi thanks for the letter but im not actually sure whther to accept or not as its 116 short and they are saying that the first 3 charges are before 6 years from the claim date. The thing is they are not before 6 years before i first wrote to them, so may try to argue s.32 of the limitations act. if anyone knows of any letters realting to that please let me know. Jenny i will find out as soon as boyfriend gets home and let you know the details
HSBC - 11/9/06 - prem letter sent 19/9/06 - lba sent £3391 requested 5/10/06 - MCOL 17/10/06 - offer for £1600 on one account recieved 28/11/06 - Full offer recieved
Capital one - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent for £640
Lloyds TSB - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent fro £732
Lloyds TSB - 26/9/06 - prem letter sent - £391
jan you couldnt paste a copy of the letter did you? and did you get the extra back?
HSBC - 11/9/06 - prem letter sent 19/9/06 - lba sent £3391 requested 5/10/06 - MCOL 17/10/06 - offer for £1600 on one account recieved 28/11/06 - Full offer recieved
Capital one - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent for £640
Lloyds TSB - 13/9/06 -letter asking for statements sent
17/10/06 - prelim sent fro £732
Lloyds TSB - 26/9/06 - prem letter sent - £391
judge striking out defence?
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Re: judge striking out defence?
Re: judge striking out defence?
. Please remember to let the court know that the claim has been settled - this is very important!