FBNTS' Aunt ~vs~ Alliance and Leicester - Got judgement but they are appealing

[fbnts]

Hi All,

 

I have been assisting my Aunt with her claim. A&L sent a part payment some time ago, we continued with court action and their defence was struck out (They failed to provide their evidence 28 days after we supplied ours)

 

The court hearing was still to go ahead and after attending, and A&L failed to attend the judge ruled in our favour.

 

However, they have submitted an application to set aside!

 

We now have a hearing next friday for a "hearing for permission to appeal". From what I can understand, this hearing is only for the judge to decided weather to allow their application to be considered?

 

Here are the docs:

 

Hi,

 

The court has wrote back. Their appeal has been accepted.

 

Here are the documents that we recieved:

 

 

 

 

 

 

 

 

 

 

 

In the appeal they say that they don't understand why their defence was struck out after the judge read their request to stay the claim. I am pretty sure its because they failed to submit their paperwork with 28 days as per the order back in may/june.

 

Is there anything we can do? can we appeal their appeal being granted? Do we need to attend the appeal hearing - its in Nottingham, or can we have it transferred to Chesterfield?

 

Tom

[Lula]

I would be inclined to object to the stay, basically they should be complying with the courts direction, they havn't done this, essentially, the DJ will probably stay the claim and grant the set aside, but you never know, he obviously got the hump with them so it is worth a go. but i wouldnt get your hopes up.

[fbnts]

Thanks for the reply. I was looking through all the paperwork last night and drafted the following:

 

Dear Sirs,

 

 

I would like to object to the appeal made by the defendant being granted.

 

 

I shall be attending the hearing dated 23rd November 2007 along with the person assisting me with my case and pre-emptively wanted to provide the following statement prior to the hearing.

 

 

In response to the defendant's grounds for appeal I would like to express my concerns;

 

 

As far as I am aware the judge struck out the defendant's defence on the basis that they failed to comply with the courts directions dated 6th June 2007 in which the claimant was ordered to provide a schedule of all sums claimed and any evidence the claimant wished to rely upon.

 

 

The defendant was ordered to, within 21 days thereafter supply to the court and defendant a response to the schedule and any files the defendant wishes to rely upon. Failure to do so is clearly stated that their defence would be struck out without further notice.

 

 

Furthermore, the defendant's request to stay the claim does not alleviate their obligation to comply with the courts order and as no stay was granted their response was expected.

 

 

It is therefore my belief that the decision to strike out the defendant's defence was correct.

 

 

If the appeal is dismissed, I would like to ask the judge to consider awarding the claimants costs involved in attending this hearing.

 

 

 

How does that sound?

 

 

Tom

[fbnts]

Just to update the thread, we had our day (well over 2 hours in court!)

 

They were granted the appeal on a technicality;

 

They claim they didn't receive our bundle and as we had sent it to the Alliance and Leicester and not Wragg and Co, their solicitor found the bit in the CPR that states that it should have been delivered to them directly.

 

The judge fought for us and really tried not to allow the appeal but his hands were tied.

 

He blamed A&L and Wragg & Co as A&L had continued to write directly and even attempt settlement with us and he said it was clear how we could have filed it incorrectly.

 

In his summing up he completely slated A&L and Wragg n Co and moved on to awarding costs.

 

He awarded us the travelling costs as it was in his opinion that it was their fault ultimately that we had to attend the hearing.

 

We came out deflated that we had been nudged back to step 1 but still felt that the Judge was truely sympathetic and it was quite clear his view on the bank charges situation.

 

We now have to wait for the test case outcome.

 

Tom

[jansus]

Really sorry to hear your news

 

unfortunately the law always seems to lean towards the defendants by giving them extra time etc - and they can if they wish rely on the original defence without producing a "bundle" whic is what the A&L always did - as they had no intention of ever defending a case.

I suppose there is not a hardship claim here is there ? In which case you can keep fighting?

 

Jan

[fbnts]

Well all is not lost - just need to await the OFT test case.

 

One interesting thing the judge did say was his apparant approval that we had racked up A&L legal bill!

Its amazing, the outstanding balance on the claim is around £600 yet A&L must have spent a lot more than that in legal fees!

 

The judge even stated that he was amazed at how A&L have opted to waste more money on legal fees than simply settle the claim.

 

Tom

[fbnts]

Just an update, the A&L were ordered to pay us costs of around £48 within 21 days.

 

They have not paid this either. What can we do to recover these? Can we apply for enforcement?

 

Tom