Mortgage case being put to multi-track???

[steven4064]

I would write to the court (perhaps phone too) and point out the msitake.

 

The case is multitrack, so item 4 does mean that the winner will be awarded costs. Also you need to complete the checklist CPR 29.6

[JonCris]

Was this a draft order sent to you be the defendant or was it an actual order signed by the court.

 

If the 1st you can refuse to agree in which case they will have to seek the courts permission.

 

If the latter & submitted by the defendant you should have been given sight of it BEFORE it was approved by the court

 

Also costs in the case does mean costs to the winner however you MUST seek either to have this claim heard as a small claim or as a litigant in person protection against costs.

 

I must say I am appalled at the judge ruling that this matter is multi track particularly as your a litigant in person. This sort of conduct by some of the Judiciary brings the whole of the courts into disrepute.

 

Suggest you research the Judges background. If he comes from or is still a member of a law practice what sort is it. Does it have any large lenders as clients. Does it have a debt recovery dept etc. Whilst I'm not suggesting anything deliberate it may give you an insight to their thinking;)

[borgbaiter]

hi

 

thank for the swift responces. This was sent by the court. The defendant drafted it and sent it to me previously. Up until now the issue of costs has been dependant upon the defence agreeing to alternative dispute resolution before continuing to court. They have called a without prejudice meeting at their offices next week, so presumably this was enough for costs to be included now.

 

be interesting ton hear what they have to say at the meeting.

 

would have been nice to have recieved this prior to the date for Witness Statements, could have saved me a ream of paper

 

its currently being looked at by the FOS too so that may come up with something.

 

 

lots of worry and not much sign of an end to it in the near future.

 

 

Borgbaiter

 

ps were would i find info about the Judge?

[mrsfoot]

Hi Borgbaiter

 

You can google the judges name...this will give you info on which court / law practice if any that he is associated with.

 

Please dont be overly concerned re the costs in case....my case was similar and I had no costs against me.

 

The "without prejudice" meeting I feel is a good sign. Without prejudice normally is associated with a settlement. The WP state usually means no party can use it in court, although in certain circumstances it can be.

Make sure you complete your costs schedule and send it to the other party at least 24 hours before the case is heard.

Hope this helps

[borgbaiter]

hi

 

thanks for that mrsfoot, much appreciated.

 

 

Borgbaiter

[Bona]

The fact they want the whole thing delayed means I think they might want to settle before they have to do all the witness statements ect or declare there hand work out your costs before you go as a litigant in person I think you are entitled to £9.00 an hour postage travell ect work it out and know in your own mind what you would settle for what ever they offer will not be what they are prepared to settle for

[borgbaiter]

I would write to the court (perhaps phone too) and point out the msitake.

 

The case is multitrack, so item 4 does mean that the winner will be awarded costs. Also you need to complete the checklist CPR 29.6

 

 

hi

 

am i right in thinking the court send me this checklist?

 

 

Borgbaiter

[steven4064]

The court should send it

[borgbaiter]

hi all

 

latest update.

 

meeting was a 12 hour round trip waste of time. 30 min meeting, they offered nothing but threats about costs and they were comfortable with their defence. three of them against little old me.

 

 

Borgbaiter

[steven4064]

Was this a case management meeting at the court?

[borgbaiter]

hi

 

no it was a without prejudice meeting called by the defendant at their offices.

 

Borgbaiter

[steven4064]

So you can at least tell the court that you have tried to negotiate.

[JonCris]

I suspect they had the meeting, without prejudice, so they could claim later that they attempted to settle without success & you couldn't argue any different however if there was no real attempt to settle they can't expect it to be 'without prejudice' So if they do make such a claim you should ask the courts permission to expose the truth

[Bona]

\sugest you write to them saying what happened I believe they must be worried to invite you to a without prejduce meeting and then bully you write to them al etter outlining everything that happened and tell them thst it has not chenged your mind and despite what they say you are confident of winning and you will see them in court

[borgbaiter]

hi all

 

i have a question which i need advice on as i have a 7 days deadline to respond to a without prejudice offer.

 

My question is in regards to the FOS, does anyone know if you are allowed to pass on "without prejudice" letters to the FOS.

 

 

 

 

Borgbaiter

[mrsfoot]

Hi Borgbaiter

 

Is this an offer you have received from the Defendant?

 

Also if you decide to go to court, you can raise the matter of the meeting with the Judge and explain that you felt the content of the meeting was not cunducive to negotiating an outcome and that instead you felt very threatened. The Judge will then decide whether you can eloborate on the content. Did you take any minutes from the meeting? Have you received anything in writing from the Defendant?

 

I dont know the answer about the FOS but I am sure if you explain that you felt threatened by the contents of the meeting without giving any precise details they will ask you for more details.

[Guest dvdriley]

please forgive the intusion but i cant find how to start a new thread, any help please. cant see new thread button.. sorry again

[mrsfoot]

Riley click on this link if it is for a mortgage thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=80

[borgbaiter]

hi mrsfoot

 

the main problem i have with the offer is the time limit they have on it of 7 days. after over a year this seems a very short time to allow me to consider it.

 

The offer itself is acceptable only in regards to part of my cliam. ive made a counter offer of the same amount with the FOS to decide on our other disputed items. thing is that this will already take it over the 7 days.

 

definately seems to be deisgned to pressure me into acceptance.

 

thats why i need to know if i can give a copy of this "without prejudice" letter to the FOS.

 

 

Borgbaiter

[JonCris]

Yes provided you tell them that's what you intend.

 

Also 7 days to consider their offer is a ridiculously short time. Write back telling them you need a more realistic period to consider their offer say 21 days

[mrsfoot]

If the offer has been made under CPR 36 (I think will check) then you are given 21 days to respond not 7 days. Yes i was right here is the link to have a look PART 36 - OFFERS TO SETTLE

[JonCris]

As they have removed the previous penalty under the CCA I think you'll find that the new regulation IS retrospective negating any need to re CCA the other party.

 

Think about if you have already done it & it's within a month of the change of legislation you would not be able to re CCA them if it wasn't

[JonCris]

If the offer has been made under CPR 36 (I think will check) then you are given 21 days to respond not 7 days. Yes i was right here is the link to have a look PART 36 - OFFERS TO SETTLE

 

ALL offers to settle are now considered to be Part 36 whether or not they say so

[borgbaiter]

hi all

 

thanks for the input. ill see what they respond to my letter. i asked them to extend it to 4 weeks but seems 3 would be more reasonable. i also told them what id settle for in exchange for ending the court case. still need them to agree to the FOS for the rest of the claim so its in their court again now

 

 

Borgbaiter

[mrsfoot]

ALL offers to settle are now considered to be Part 36 whether or not they say so

 

I stand corrected, thank you JonCris