northern rock unseured loan court claim ! - **WON** STRUCK OUT

[shammy36]

Hi all,

Had my post today and nothing from the other side.

 

Rang the court and explained that they had not complied with the unless order, and explained that the order states that it has to be sent to me by the ninth.

 

Got a real jobsworth who said that as long as they fax it to the court by 4pm never mind me, it will still be deemed to be served. Is this right guys ?:?

 

Sham

[AndyOrch]

Unfortunatly yes Shammy but you be ready at 4.01 to respond.

 

 

Regards

 

Andy

[MARTIN3030]

Yes unfortunately they are right.And this is not uncommon for them to do it.

Actually both sides can do it this way-but its cutting it fine.

[tinkerbell20]

Yes thats right so here's hoping they haven't!!

[MARTIN3030]

I did this one day myself-the fax was busy so wasnt accepting.Fortunately the Court is only 5 minutes from my house.I rang them up and was able to run round with it instead at 3.55pm.

So its a gamble.Although The County Courts officially close at 4pm-they still take phone calls after-so its worth calling them at 4.15 to ask.

[shammy36]

Thanx for all your input guys, just got back from work and am waiting with baited breath.

 

Having trouble getting access to a fax , is a phone call alone not good enough ?

 

Sham

[shammy36]

bump

[shammy36]

Hi guys,

 

Been given the right run around by the court , told that nobody was available etc and to ring back in the morning.

 

Finally got through to a very nice lad who checked my claim number and said that nothing was on the screen from the other side , but could not be sure if there was anything in the fax tray as he had no access to their office..aaaaaaaaaaaaargh

 

So it looks like i will have to ring back in the morning !

[AndyOrch]

Hi shammy

 

Make sure you do first thing in the morning 9.00am dont allow any extra time to comply or this will be at your cost.

 

Regards

 

Andy;)

[creditcardmug]

Shammy i had similar problems when i did this, so i dont think its unusal, at least theres still a chance you can get it struck out tomorrow.

[shammy36]

Hi ccm,

Thanks for that.

 

Do i need to follow the phone call with a fax requesting a strike out if they havent complied ?

 

Sham

[creditcardmug]

I would if i were you, cant do any harm and may just swing it mate.

[shammy36]

Thanx ccm,

 

I know paul said in earlier post that they cannot ignore an unless order, so i suppose i should be quite firm in asking the court manager to strike it out if they havent complied ?

 

Sham

[tinkerbell20]

Thanx ccm,

 

I know paul said in earlier post that they cannot ignore an unless order, so i suppose i should be quite firm in asking the court manager to strike it out if they havent complied ?

 

Sham

 

 

Yes insist (politely) that they do it.

[shammy36]

Thanks for that Tink,

 

Right phoned the court this morning and still nothing from the other side.

 

Asked the court manager to strike the claim out,but he insisted he would have to put my faxed request before the judge before it could be struck out.

Even though i insisted that they had not complied he flatly refused to strike it until the judge had seen my request.

 

How frustrating is this aaaaaaaaaaaaaaargh !!!!

 

Sham

[shammy36]

Hi All,

 

phoned the court again and still the court manager will not strike it out until the judge looks at it in the morning.

 

Is this normal

 

Regards Sham

[creditcardmug]

Ive seen it so many times on here its like one rule for the claimant and another for the defendant, i wonder what would have happened if you were a few days late with your defence, and they asked for judgement, would the court manager have refused, i think not:mad:

[shammy36]

C,mon Guys !!!!!!!!!!!!

 

Any thoughts on this, cant belive what a complete sod the court manager was !!!

 

Not happy, it was in front of him in black and white and he would still not strike it out

 

Sham

Edited September 10, 2008 by shammy36
ccm got in before my rant, ha ha !

[Watchout]

Any reason why no reply Shammy. I am new to CAG and curious why nobody on your thread telling you next step. Could be me in a few months looking at your thread. Watching with great curiosity!!!! Good luck with getting the case struck off.

[shammy36]

Hi All,

Sorry about not updating sooner but have been working away.

 

I feel realy nervous now about ringing the court to find out the outcome of my strike out request , but gonna ring them in the morning and see what happened.

 

Just feel let down by the whole legal process , as it seems to favour the big boys rather than joe soap.

 

Regards Sham

[42man]

Good luck Sham !!!

[shammy36]

Thanks 42

 

Nice to hear from you again boyo !!!

[creditcardmug]

Hi shammy, good luck when you ring the court, if still no go you can force the issue by making a formal application for the case to be struck out, it costs you £75, although you can claim this back along with your other costs if successful.

[shammy36]

Hi ccm

 

Thanks for that mate , hope it wont come to that , with a bit of luck the judge might be in a good mood after having had his broker sell his hbos shares short , and then buy them back for a fat profit , and give me a break :lol:

 

Sham

[creditcardmug]

You read the business pages and watch bloomberg as well then mate, sad buggers, good luck anyway, keep us informed.

Regards