madpriest
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Everything posted by madpriest
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Well it's over. Santander's solicitors came back with another offer to settle my costs and I countered with "just another £100" We now have a consent agreement if £2500 inclusive of all costs. They have also agreed to write to both of the payees of my cheques taking full responsibility. This together with the BCOB's judgement makes for a splendid win The other thing is that it's not secret so I may well put together a PDF of all the letters etc in case any of you have difficulty sleeping. Thank you one and all for all of your support. Allons-y
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Now I got really mad. They f...... queries my postage costs !!!!!!! Nah ! I'm going to the circuit judge MP
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@filrobbo Actually I originally got £4500 but the judge said I had to pay it into court. Reason? Damages had to be "assessed". Anyway - the latest ..... When I submitted a chart of my costs including every hour worked on it, they started going through it item by item. At this point I withdrew my acceptance. The case is now going to a Circuit Judge for Directions and possible allocation. It's likely to go to the High Court, but actually I'm ready for it now. I;m no longer scared. I;ve also managed to get some legal advice from a London lawyer who said that my costs were not unreasonable and to leave it up to the judge. Watch this space
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well here's the latest Their Part 36 offer of £1000 was not in the correct format so irrelevant. As we were getting close to High Court, I offered £1800 plus £1400 costs They came back with £1500 plus £620 costs. I'm minded to accept on the grounds we won the BCOB and we got a couple of K. Any final thoughts??
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I have made a formal Part 36 offer of £3.3K which they have rejected Looks like they are playing hardball
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More news from the "I don't f.....ing belioeve it" saga. As expected, Santander came up with a Formal Part 36 offer. They say that they are doing this to avoid a High Court hearing. This puts me in a difficult situation. I haven't taken any action since the last hearing but I expected them to come up with around £2.5K which is a lonmg way short of the 7.5K last claimed and still short of the 4.5K i really think this is worth. The formally offered £1000. Now they have made me mad ... which is dangerous because I dont want to put a foot wrong here .... but £1K is an insult.
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OK - more news from the Department of Walking Through Treacle Arrived at Norwich County Court. Santander have an internal legal department and also an outside firm of solicitors in Leeds. This firm had instructed a local solicitor (one man and his dog) to represent them. Nice bloke personable but professional. Before we walked into the District Judge he asked me whether there is any room for settlement. I said the Bank had offered £1K and I had asked for £7,5K He asked me whether it was possible to meet somewhere in the middle and I responded that if they would accept the £4.7K paid into court, I would accept it (not happily but in order to conclude). he said "I shall go and take instruction". 5 minutes later he came back and said "No deal". So before the judge now who said "im afraid its outside of my jurisdiction. Defamation claims need to go to the High Court !! but he could transfer it to a Circuit Judge for a second opinion. However he asked us to go outside for a cup of tea to see whether we could conclude. The solicitor asked me whether the offer was still on the table. I said Yes. he said "I will go and take instruction". 1 hour later he came back and said :"I am unable to get instruction", i.e. No-one at santander has the balls to make a decision. It's probably done by a group. (If this had been Moses - The Jews would still be in Egypt) So back before the judge. He has given us until the end of July to reach a settlement. If not, then we go to the Circuit Judge. He also allowed me to extend the value claimed as "not in excess of £19.5K". I did that the out the frighteners on. When we left he court, their solicitor asked me whether I will be making a Part 36 Offer to settle. I said I probably would but the offer of £4.7K is now off the table. They had two bites of the cherry and declined so -- hey ho -- If they come back with a £4.7 K offer I probably will take it. It's not bad. @BankFodder - I know that it is your view that Defamation claims can be dealt with by County Court and even by Jury. Can you please quote the relevant CPR for this as I am seeing conflicting advice. MOST advice says its only a High Court action but Practice Direction 7A says it can be County Court by consent of both parties. Let's dig a little deeper. Thanks everyone for the little prayers and support.
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OK - Back again It's been a little time so I need to update this thread. Tomorrow is the hearing to assess damages ( Court has allocated 2 hours) Santander's solicitors upped their offer to £1000 as an OPEN offer, ie. Not "Without Prejudice" I gently pointed them in the direction of a place where the sun don't shine. I countered with £7,5K which they refused. We originally had been ordered to exchange authorities within 2 days of the hearing. I politely requested that they extend this to 7 days but they refused. I issued an N244 and paid £45 and the judge gave me the order for 5 days which was fine. It gave me the information that I needed that they are relying on ONE case authority. Hearing is tomorrow 13th June so wish me luck, or if you are of a similar tradition to mind, a quick prayer wouldn't come amiss. Chances - I could get £1K - I hope no costs against me. They could give me my original £4.5K I'm hoping for £12 - £15K on the grounds that you can't damage the reputation of the Church of England and get away with it. (We can do that ourselves !!) Our church roof needs mending - someone nicked the lead !! Rock ON
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Bank's Solicitors wrote to offer me £500. I think not ....... At the last court order, we had to send cases being relied on etc within 2 days of the hearing. Which is no time. I've written politely asking them to agree 7 days and also to agree to send me full copies of the cases they are relying on as I dont have Westlaw. If they don't agree to this polite request, I will consider an N244 seeking directions.
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OK -- I've now had the court order and date for hearing to assess damages - its 13th June - a 2 hour hearing. So I need to be prepared - any advice would be appreciated. Note for admins - What bright spark decided to censor the word "vobiscum" ?? It's latin and has nothing to do with the word s c u m ?!?!?!
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@citizenB It's now set at the discretion of the court. Best case = shedloads more money. My current calculations are around £11K although it could be heaps more. Worst Case - It could be nominal - say £100 on the grounds that I can prove no damage. I don't think it will be nominal. There is sufficient case law that says that bouncing someones cheque when there are funds available is obviously defamatory and one doesn't have to prove anything by way of 'general damages'. If I was to say that I've lost business and could quantify those losses then it would be 'special' damages. My best guess? Well it could easily be reduced to around £3.3K - down from £4.5K which I've got to re-pay into court who will hold it until disposal. For those of you who get your rocks off by reading case law ... Kpohraror v Woolwich Building Society I just LOVE that case ! When this is over I'm going to post all the papers and perhaps suggest an N1 and POC for a BCOBS claim.
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Just back from court with a splendid result. Their application to set aside the judgement was refused on the following grounds: 1. Papers in the case were correctly served. 2. They did not act speedily. 3. They hadn't a hope of winning especially as they had admitted the major claim in writing. However there was a technical fault with the issue of the judgement and so the District Judge replaced with judgement with an order for a hearing to assess damages. Has set 2 hours for the hearing and has allowed me to replace the "not exceeding £4500" to "damages to be assessed by the court", i.e. unlimited !! Not bad - I'll keep you all informed Oh by the way - I have to pay the money I have had into court so I can't spend it -- BOO
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Morning everyone. Well today I appear in Norwich County Court to fight Santander's two applications. (1) To stay execution of the Judgement. I think it's too late. It's been executed already and the HCEO have sent me the cash. (So nice to have the sheriffs give me money !! (2) To set aside the judgement. I'm trying very hard to win that one as well although its likely that they will get their set aside and we will have to fight the whole case in court. A Good BCOBS case that gets won, will set the tone. Don't wish me luck. Just cry out ....... "Dominus Vobiscum"
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Ok an update as of this morning 27th March There was a flurry of activity on Monday when Santander was trying to force the courts hand by loads of emails and phone calls. The long and the short of it is a. There is going to be a hearing of their application to set-aside on 4th April at Norwich County Court. What do I need to send or take with me?? b. It appears that there was NOT an order for stay of enforcement/execution. The District Judge commented on the file .... "I am not going to conduct litigation on the basis of emails from the defendants". What fun
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citizen8 - I don't think I want to start an argument with you. I was clear. You just didnt understand. Read my first post. Never have I said that I was looking at Bank Charges Bankfodder told me privately that During the bank charges days there was a very common practice of banks not responding to proceedings and of default judgments being obtain against them. There were lots of applications for setasides. ----- I think thats clear enough so please dont get your knickers in a twist
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For heaven's sake citizenB read the thread properly. I am not making a claim for Bank Charges or anything like that. I'm simply suggesting that banks make a habit of accepting default judgements and then get them set aside. That is all. For what its worth the Supreme Court ONLY decided in favour of the banks in the charges cases on a very narrow point of law. Please do some research and refer to previous postings etc from Govan Law Centre
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In the good old days of Bank Charges etc, Santander and others as a matter of course allowed default judgements and then went for set asides. I'm trying to see whether this is still their preferred route
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I'm trying to gather evidence that Santander uses applications for set-asides as a matter of course -i.e. this is the way they do business. Any pointers to cases would be very useful Ta Very Nuch
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More and more missives from Santander's solicitors. We cannot see how (1) they can stay enforcement when it has already been enforced. and (2) we will fight the set aside on the grounds that on the balance of probabilities, they did receive the claim and the judgement Having said all that, even if they do win the set aside, we will be happy the fight the case on the grounds of BCOBS etc Any solicitor out there who wants to help a little church with a pro-bono please get in touch
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OK - so tonight the brown excrement hit the oscillating device. Obviously Santander's Solicitors are burning the midnight oil because at 8:30 pm tonight I got a batch of papers 1. They have issued an N244 to stay the enforcement, specifically, to stop the HCEO paying me the cash. This to be decided WITHOUT notice 2. They have issued a N244 for set aside on Notice with a 45 minute hearing Deep Joy - We get to argue a BCOB if we have to meantime @bankfodder -- I'm sending you papers
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@Bankfodder Thanks received. Seeing that I sent a formal complaint to a particular address and got a response ... Seeing that i sent a Letter Before Action to the same address and got a response It is unreasonable for the bank to claim that they never got it. Yeah I'll oppose L
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Questions. Am I notified of an application to set aside? Can I ask for an oral hearing? Can I oppose it? Any Hints? Thanks
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Latest Santander's solicitors called this morning essentially saying "WTF?" Santander claim that they never received the claim form --- "Well they would say that wouldn't they" Do you think that they might claim the money back and if so how?
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Update High Court Enforcement Officers arrived today at the headquarters of Santander to find a bunch of headless chickens. They didn't know what the case was about. Santander: We need 24 hours to sort it out Sheriff: NO - Pay up or we seize goods. I have an order to seize goods. Santander: OK - we can give you a cheque Sheriff: No - it might bounce Santander: OK we will make a BACS transfer Sheriff: NO - you might cancel it. Only a CHAPS payment will do. Santander: Ok we will sort it out. Sheriff: The meter's running Outcome -----VICTORY - the money was paid in full in addition to a further £1400 for HCEO costs. Cost to us??? £60 Our damages received = £4700
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@surfer01 - Court documents are public domain unless I'm mistaken - however .... looks like a mod has already done it @bankfodder - Can you PM me your email address and I'll scan them in today. I should add that I don't really want to go public with this -- I have my personal reasons but if there is a good reason why you could use the scans then fine
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