Order Staying Prceedings..what to do now?

[Doz]

Hi. Its been quite some time since i last posted on the CAG forum but i now have a question that i would like someone to help me with please. This claim is for my mum & dad which was started way back in july 2007.

This letter recieved from the courts dated 8th Oct 2007. I am unsure what i should do next so if someone could help me i would very much appreciate it thanks.

Here's the letter from the courts below:

[Doz]

Anyone please?

[GaryH]

Hi Doz.

 

We're all still in limbo at the moment, the test case won't produce any sort of definitive result in the near future and its not worth even attempting to lift the stay.

 

However, take note of clause 3 of your order. Your claim will be struck out on 31st December if an application is not made to lift or extend. If your claim is struck out its lost completely, so you need to act to make sure that doesn't happen.

 

Firstly, write to Lloyds sols, enclosing a copy of the order, and request that they consent to an extention of the stay. Say that as you are a litigant in person, you kindly request that they draft a consent order and send to you for your approval befoe filing it at court.

 

If you haven't heard anything by the end of November then you'll have to make an application yourself - let us know if this is the case and someone will help you with it. This would carry a fee of £75, however you would probably recover it from Lloyds given that they unreasonably failed to consent.

[Doz]

Hi Gary. Thanks for you reply. Is there a template to request for a exstension of stay or do i just write to Lloyds sols in my own words requesting this? Im not that clued up and not really sure what i should write so if you could kindly advise me or point me in the right direction i would be greatfull.

Thankyou.

[GaryH]

You need to make an application to the court to extend the stay. Lloyds are likely to consent to this; therefore as they are legally represented they should make the application.

 

Write a letter such as the following:

 

Dear Sirs

 

Claim Number: XXXXXX

I refer to the above and to the order of the district judge dated 8/10/07, a copy of which is enclosed.

 

You will note that clause 3 of the order requires an application to lift or extend the stay by 31st December 2008. I therefore trust that you will consent to the extension of the stay until the final determination of the OFT test case.

 

As I am a litigant in person, and in accordance with the overriding objective, I would respectfuly request that a consent order is drafted by yourselves and sent for me to approve before returning back to you to file at court.

 

Your agreement to the above will save the expense of an unnecessary application to the court and I look forward to hearing from you within 14 days.

 

Yours faithfully,

 

 

You

 

 

However, the above is dependant on them showing a level of reasonableness - as we all know, Lloyds cannot be relied upon to be reasonable so if they do not respond you must take the initiative and make an application yourself (for which you should recover the cost). If this becomes the case feel free to ask for help with the application.

[Doz]

Great stuff, Thankyou Gary. I will get this off asap and await, hopefully a positive response.