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burtonaction

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  1. Had hearing date set for 6th September, filled papers by 31st July in line with order, A&L failed to do so (and still have not provided them despite nudge letter). Letter sent out from Bournemouth court on the 1st August stating that my claim had been stayed on the courts own initative but that... 'There be permission to either party to apply to vary this order Provided that such application is filed within 21 days after the service of this order on the party so appplying' Today is the 21st day after I recieved the letter so I am applying for the stay to be lifted using the info from this site and requesting a hearing. Fingers crossed.
  2. My bank charges claim v Alliance and Leicester stayed without request from the bank by Bournemouth court. Anyone post a link to submitting an appeal?
  3. Thought I'd start a new thread to bring this to everyone attention and so that anyone else who falls victim to the judiciary could make themselve known.... I went into Bournemouth court on Monday to deliver my papers for hearing on the 6th September and was told by the office that all claims cases were being looked at with a view to whether they should be stayed. I asked specificaly whether A&L had asked for a stay in my case and was told they had not. Tuesday the deadline passed without me being served with the defences papers and so I sent a fax to nudge them with a view to asking for judgement by default next monday. Then today I recieve a letter from the court telling me my case has been stayed pending the outcome of the OFT case! It does state that I have 21 days to appeal, I don't know if that is standard but I certainly plan to take them up on it. I'll wait a week to see if more cases get stayed without request and for a consenus 'best approach' to appear. Anyone else on my unlucky boat yet?
  4. Well I must be one of the unlucky ones. Went into Bournemouth court on Monday to deliver my papers for hearing on the 6th September and was told by the office that all claims cases were being looked at with a view to whether they should be stayed. I asked specificaly whether A&L had asked for a stay in my case and was told they had not. Tuesday the deadline passed without me being served with the defences papers and so I sent a fax to nudge them with a view to asking for judgement by default next monday. Then today I recieve a letter from the court telling me my case has been stayed pending the outcome of the OFT case! It does state that I have 21 days to appeal, I don't know if that is standard but I certainly plan to take them up on it. I think I'll wait a week to see if more cases get stayed without request and for a consenus 'best approach' to appear.
  5. Gutted... I've been stayed just one month from my hearing date. I am not a happy bunny, I had the application for judgement ready to submit on Monday before heading off on my hols. What is the rationale for trying to get the stay lifted? Will that fact that W&Co have not submitted their defence help? Grrrrrrrrrrrrrrrr
  6. Listen to mimi, I sat down to start my bundle the morning that the test case was annouced and was ready to just give up. I won't lie and say the bundle was easy, it took a little thought and a lot of photocopying but I got it in on time with the help of the guys on here. I'm glad I did it as W&Co have now missed their deadline and so I am now hoping for a judgement due to default. If you want any documents for your bundle just PM me and I'll try and help. Chin up.
  7. Hi, Firstly congratulations to you Mimi on your great victory, a true inspiration to keep going. In terms of my own case, I don't know whether I should submit a non-compliance letter first... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html Isn't sticking in an N255 Judgement form a little pushy? I don't want to upset the judge whilst they are deciding on whether to stay my case.
  8. Just a quick update... Got my bundle in on time today, so many thanks to Mimijane, alicerose and squarebob for their help and support. My will to fight on has returned! Whilst at the court this morning(Bournemouth) I asked the office what was happening with pending cases. She told me that the court was asking each judge to look at their up coming cases and decide which if any should be stayed. I asked if they had recieved Wragge's bundle for my case and/or a specific request for a stay and they said they hadn't. So unless it arrived in the second post then they'll have missed their deadline. So two questions, i) Assuming they've not filled their papers, what should I put into the judge as a request for the case not to be stayed and for judgement by default? ii) If they have filled, what should I put into the judge as a request for the case not to be stayed? My hearing is set for 6th September. Thanks.
  9. Sorry Bob, Just got your email. I'm feeling a little impatient, niggly tired is what my girlfriend calls it. Thanks Anton
  10. Hi squarebob, I sent you a PM, I think... I even remembered to include my email address! Thanks Anton
  11. Sorry to interupt these giddy Friday feelings but does anyone have a witness statement template relevant for the A&L? I have been struggling over one I downloaded for lloyds claiments but I'm getting nowhere and I want to get over this last hurdle!
  12. Thanks Alice, The support is very welcome and your thoughts mirror mine, I will get the papers in on time and ask the court if they have any idea of how things are going to proceed. However, I am going to wait untill next week as I have had enough bad news in the last 24 hours. I hope we both get lucky with our judges (o'er) and that neither case gets stayed but at least we can be pretty confident that we'll get our money either way. For now I'll console myself in the fact that it's payday, I have a free weekend and I am going to go enjoy myself... I think that's how I ran up these charges in the first place! Some poeple never learn. x Anton
  13. What a day! Car broke down last night and going to have to fork out for it's repair today. Then wake up to the OFT case announcement, listening to all the chat on the news is making it tough to finish off preparing my bundle to go in the post today for Tuesday's deadline. I'm telling myself that there is a chance that A&L will forget to submitt their papers in time and that the judge will order in my favour but I'm sure all I'll hear from the court is that my case has been stayed. Am I begining to wish that I'd settled for half my claim last month?
  14. Hi Mimijane. I have just PM you. Thanks.
  15. A little delayed but here goes... Filled through MCOL for a shade under 5K plus 1.4K interest, used the POC taken from the MSE website. Recieved standard W&C defence and was transfered to Bournemouth Court. Recieved and completed AQ incuding the draft order from this site. Had notice of allocation to Small Claims and 15 minute hearing set for september 6th, directions as follows... 1) Each party shall deliver to every other party and to the court office copies of all documents (including expert's reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing. 2) The copies shall be delivered by 4pm on Tuesday, 31st July 2007. 3) The original documents shall be brought to the hearing 4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been givne to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence. 5) The court must be informed immediately if the case is settled by agreement before the hearing date. So, do I need to put together and internally digest the entire bundle? Do all the documents need to be with W&C by 4pm on Tuesday, 31st July or just with the court by then? Has anyone put together all the T&C from 2001 onwards? I hope everyone is having a good weekend, I was untill I sat down to start sorting this out. Thanks in advance for any and all help offered.
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