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  1. Hi Prouty99, if your around, it would be helpful and interesting to see if and what type of response you had from your council with your request for more information. I sent my council the same type of letter asking for more information following on from my BDN i received earlier. To date i have not had a response... so it concerns me about the deadline for appealing.
  2. Ummmm, paying cheque in another bank, then im buying a new computer, busy trying to choose one now. One thing i cant understand is that the letter wasnt that much, i was expecting all that jargon about full and final bit, ... ah well, doesnt matter now. However, i think i might write to the judge, with tongue in cheek! and try my luck!!. Goodnight. GET
  3. Hi to everyone, At last i have today received my cheque from HSBC for the full amount. I think i must be the first and only person to have a letter from them with just 2 lines written!!.... it said... "On instruction of my colleagues in our Legal department based in Birmingham, I enclose cheque for £...... in relation to your HSBC Mastercard". Thats all it said!! Nothing about the "full and final" bit. I was actually now considering to go for Wasted Costs Order, so am now reading through here about it.... but i dont want to pay a fee, so may just write to the Judge, as he was the one to send the judgement in my favour.I'm not sure if i can apply as it didnt make the court, i just stuck to the correct procedures and requested the defence to be struck out cos HSBC didnt submit their 'bundle' as per the order.... and the judge happily obliged me!. Anyway, opinions welcome as always... should i, or shouldnt i go ahead for costs!! Thankyou. GMR
  4. Hi Jo... just to let you know... i think i've been successful, as had letter this fromj DG offering me the full amount. I did write to them and enclosed a copy of the judgement and said that i would commence proceedings for WOE if i dont get paid. The good thing is HSBC didnt stay it. So.. yours comments please..
  5. Just to update... i received letter from DG saying that they are responding to the Judges order of Judgment and will advise HSBC to pay me in full. However, i did manage to write to them as well with a copy of my judgement and i said i would commence proceedings for a WOE if i was not paid. I am still keeping my fingers crossed as HSBC still maybe could instruct DG to apply for a stay, but i dont think they can now as i believe they only had 7 days... So do i start shouting for joy yet!!? Of course, they did say they will send me a cheque but reminded me about the postal strike... does sound like im on the home and dry now. Taken me 6 months
  6. Well, your laff at this lattie..... i did eventually put a letter together to DG to tell them i had judgement and for them to pay within 7 days.... Anyway, i was quite happy with what i wrote.... then, my printer for some reason packed up..... so couldnt print off my letter....so have been busy uninstalling and reinstalling my printer, but to no avail..... therefore, i wasnt able to send my letter...... Maybe its an omen of some sort... Arr well, off to bed now, see how i feel about it tomorrow. Thanks for your advise. Let you know what happens.
  7. Hi Freaky, Yes, i phoned court this morning, and they said that i have to wait the 14 days from the date of the jugdement...(17th Sept), so from next monday then! I'm just about to write a letter to DG to inform them i have received judgement, and enclose a copy of it to them., also tellling them i will commence enforcement for payment if they do not pay me within 7 days. Or, im thinking whether to not do anything, hoping they wont do anything. I feel, that if they get a letter like this, they might just get 'narked' and issue a stay,... whereas, they might just accidently overlook my judgement, therefore it will be too late, cos i will get the WOE served. I'm just thinking out aloud here... Any thoughts from anyone!
  8. Hi Jo, Doesnt really say much... General Form of Judgement or Order Before District Judge..... sitting at ......Court etc., Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. 1. The defendant having failed to comply with the order dated ......., the defence is hereby struck out. 2. Judgment for the Claimant for £...... Dated: 13th September 2007 So, Jo, there you have it... quite simple isnt it! Thanks for your reply
  9. Hi, Just thought i'd let you know, I received judgement for the defence to be struck out....I feel quite pleased.....however, i know its about getting the money now... i expect HSBC will put their stay in.... i already had a letter a few weeks ago from the bank saying they intended to apply for a stay, but obviously hadnt done it yet.So i wrote to the court to tell them this and put in my objection early. The only thing i'm a little hesitant about is, if i put in a warrant of execution and pay the fee of £55, then HSBC put a stay in, im wondering if the warrant of execution will still stand and proceed normally. I will be ringing the court tomorrow anyway. By the way The court is Aldershot and Farnham. Any response will be appreciated, if you have a view on this, thankyou.
  10. Hi, This was my covering letter i sent with the Judgment form. You need to tweek it maybe to your personal circumstances and insert dates appropriately. Good luck. I write to bring to your attention to the fact that the above claim has been waiting for action on the part of the defendant in relation to an order made by District Judge ...........dated .......................... Whilst the defendant has filed the standard 5 point defence initially, the defence extends to include documents that District Judge ......... has ordered that the defendant file and serve on the claimant within 42 days of the order. I wish to inform the court that the defendant has not complied with the said order in that it has not filed and served upon the claimant its evidence, or any such documents, as was specifically directed. I can confirm that the claimants’ documents were both filed and served pursuant to the terms of the order on ............to the defendant, and to the court on ............. and as of date you send letter the defendant has yet to file theirs. It is submitted that the defendants’ non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the Overriding Objective’s. This imbalance is particularly exacerbated by the fact that the defendant is represented by specialist solicitors, whereas I am a litigant in person. Accordingly, as the said order states ‘If the defendant fails to comply with this order, the defence will be struck out without further order’, It is respectfully requested that the defence is struck out forthwith and judgement entered in favour of the claimant for the full sum claimed of £.......(including 8% interest), plus daily rate interest accrued (0.021%) since date of claim until the date of this letter of £.........together with court fee £....... TOTAL: £........... Thankyou for your time in this matter and look forward to your response. Yours Faithfully. Get
  11. You just made me laff so much about the chip butty.... i like them!lol! Well, its nice to laff at times about this eh! thanks for your comments. Mel
  12. Hi, has or is anyone at this stage with the courts.? HSBC failed to send their bundle to me by the deadline date, so, i continued with procedures and sent letter and Judgment form to Court requesting that their defence be struck out as HSBC have not complied with an earlier court order to file and serve on me all their defence. However, just today, i have received HSBC's standard letter saying "they will be applying for a stay; pending the test case.... so i'm thinking and hoping, as i have got in first with my request to court, that the judge will stike it out according to the order. Can HSBC still be successful in having their request for a stay even though i have already submitted my Judgment request? Any opinions or advice would be welcome. Incedently, i've looked at the court lists on which courts are operating normally on this site, and mine looks to be ok, at the moment... Aldershot and Farnham CC. I can't seem to locate anyone who's at the same point that i am. Thankyou.
  13. Thankyou for clarifying that, now i know what i need to prepare for, however, if DG do not send their bundle to me by next Tuesday, shall i go ahead and apply to the court for judgment?,... if so, not sure how to do this... i'll keep looking on here for infor though..
  14. Hi, i have sent my court bundle to DG and Court, as ordered by the court. However, DG's deadline to send theirs to me and the court is next Tuesday 14th July. I was wondering, in the light of recent events regarding OFT test case, could DG at this late stage still request a 'stay'... even though they did have this opportunity to ask for this when they got the court order for bundle, and that time scale has obviously passed now. Many thanks.
  15. Hi Jo, thankyou so much.... success.... i have the winzip now... so here i go.... printing like mad. You saved the day. much appreciated for your help.
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