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auriol

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  1. Sorry for the delay in responding, things have been a bit crazy as we have been decorating, and reaching my computer has been difficult. It's a big pile of paperwork, including a copy of a letter to the court, requesting a stay pending the results of the OFT case. A couple of days later I received a notice of application for stay from the court. It states that there will be a hearing for the application for the stay on 12th December, the same date and time that was originally scheduled for the case management conference. Any ideas what I do from here?
  2. Hi! I'm supposed to have a case management conference in December, but SC&M have now written to me requesting a stay, pending the outcome of the OFT case. What would you do?
  3. Thanks for that, I just couldn't find the Mercantile Forum at the time. I'll ask Lloyds TSB about lifting the stay after the postal strike, and I'll get the Case Management Info sheet completed.
  4. I have Judge Grenfell, and the court administrator seemed to think they would be pushing on with it. No idea, I guess I'll just run with it and see what happens!
  5. Jenny, You're both a genius and a lifesaver! Thanks so much. How far along is your case now? I'm due in Leeds Mercantile on 12th Dec for the Case Management Conference.
  6. Hi Again! Well, my credit card claim against LTSB has a stay pending the results of the OFT case, but the main account one is pressing ahead, and I have a court date for the Leeds Mercantile Court on 12th December. This is described on the court paperwork as a 'case management conference'. There is no AQ, so, according to my paperwork, I have only to complete a 'case management information sheet', and file it with the court and SC&M at least 7 days beforehand. The bank have already filed a standard '9 point0 defence. I must say that I'm very confused by the Case Managment Information Sheet, so I thought I'd ask and see if anyone can help me complete this. Has anyone had a similar sheet to complete? The initial questions are: 1) What in about 20 words is the case about? 2)Are the parties still effective? 3) Do you intend to add any further party? It goes on to ask questions about when I can provide standard disclosure, whether I intend to call witnesses, will any provide expert evidence, possibilities of ADR etc. The main thing I am asking is whether this is the point at which I need to provide a 'bundle', or whether that is what the 'standard disclosure' refers to. Also, I can't seem to find a copy of anything similar in the library. Would anyone have a link to a similar questionaire that someone has previously completed, so I can check my answers against previous work?
  7. OK, I'm answering my own questions again, and posting up what I found in case others find it useful. I called the court and spoke to them. This is what is happening at all sections of the court in Leeds, West Yorkshire, so if you have a case there, this will apply to you. Those who have already been referred to the Marcantile (High) court - they will remain at the Mercantile court, the questionnaire is a case management questionnaire, not an allocation questionnaire, and there is no AQ fee to pay. These cases will continue as scheduled unless LTSB request a stay. All other pre-track cases will be treated as normal, but will all be stayed until the results of the OFT case.
  8. OK, standard 9 point defence received, and a separate letter from SC&M saying they were moving to have the case stayed until after the OFT case. It would otherwise be due in court in December. My next question is therefore when I have to do anything else. The court has told me to complete a questionaire and return the responses a week prior to the case management conference. However, no-one has requested further payment. Should there be an additional payment from me to the court at this point?
  9. OK, I went to the courts and spoke to the Chancery division today. I got the answers I needed, so I thought I'd post them here in case anyone else needs to know for their own case. You can still represent yourself in the Mercantile/High court. You can still file for default, although it will be the judge's decision whether to grant it or not. They have transferred them in the 'public interest', as there are so many cases, but it shouldn't affect the progression of the case in any other way. Hope that helps someone!
  10. OK, I filed shortly after my last posting, and LTSB had until yesterday to respond. I called the court and asked them if they had heard anything, as I hadn't and the court administrator said that LTSB haven't been in touch and that I should file my default request. I posted that off today. When I got home tonight, there was a letter from the court, saying that the claim is being transferred to the Mercantile Court, and is listed for a case management conference on 12th December 2007. There is a questionnaire called a Case Management Information Sheet to be completed and served a maximum of 7 days before the case management conference. There is also a letter stating that there are many similar cases, so they have all been transferred to the High Court, Queen's Bench Division (Mercantile Court). My questions are, why is a claim for less than £2000 being transferred to the High Court? Do I need to get a solicitor, or even a barrister? Am I still allowed to represent myself in a high court? What effect will this have (if any) on my request for a default judgement? Anyone lese in a similar position, or have any ideas?
  11. That's what I was planning - wait 7 days from sending the letter and only then bank the cheque and write to the court.
  12. Does this look OK to you guys? I am writing to you with reference to the above letter, dated 19th July 2007. Thank you for the agreement to settle. However, I have some reservations with regard to the terms and conditions you specify. Whilst I agree not to court publicity, I do not agree not to disclose the background or outcome of this matter to any third party, or keep the terms of this settlement private and confidential. Who I choose to discuss my own matters with shall remain my prerogative. I will therefore hold the cheque for 7 days from the date of this letter before depositing it in my bank account. Should you no longer wish to settle under the terms I am prepared to submit to, then I shall continue with this case through the court. If I do not hear from you within 7 days, I shall assume you agree to the revised terms and conditions, deposit the cheque and inform the court in writing that the matter is closed and a settlement has been reached.
  13. OK, chalk this one up for a win! I got a letter today, by special delivery. It offered full settlement, and enclosed a cheque for the full amount on the court acknowledgement, which included charges, court fees, statutory and contractual interest; a total of £287.91. They have made a number of stipulations on confidentiality, but I will be writing to the court tonight to confirm settlement, then writing to them to tell them I have written to the court, but I do not accept their other clauses. Can someone please move this to the won board and change the title? Catch you all later, if I can help anyone, drop me a line. I'm off to donate and fill out the survey!
  14. Seconded, good luck Tommy. Send me a link to your thread when you get up and running, and I'll subscribe and try to help where I can. I have no experience with Barclays, but we all try to help each other.
  15. Hi! I have been and will continue to do so. I still have 1 LTSB case which I sent to court last week, awaiting service (that's the big one!), 1 LTSB case at LBA stage, and 1 RBS claim in court, which was served the same time as this one, and has been acknowledged but no defence filed as yet. I've won 5 so far - Marks and Sparks paid in full when I requested my statements, Debenhams/GE Capital and MBNA settled at LBA stage, the 1st LTSB went to default judgement, and they settled in full the day after, plus this one. I'm so glad I found this site, I did all the initial work up to the first round of LBAs on my own, then I got signposted here by a friend, and it's so much easier when there are template or sample letters and help to fill in N1s! I don't have a lot of experience, as everyone's paid up before allocation and no-one's filed a defence yet, but I've been helping out where I can. I'm firmly of the belief that, if we all help each other out, the world becomes a better place!
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