D/judge Made Wrong Decison What Now??

[sunflower99]

Also if youve had to take time off work, add that in, every minute you account for is a bigger kick in the pants for them, if only you could deliver your demand with a big grin on your face:D

Hi Bazaar

My wages well below £9.25 an hour! not much more than £6 ! and yet MBNA tempted me with a £10,000 credit limit which i admit i should not have takenup and borrowed but am only human and and when you stuggling on a low income with a sick OH unable to work and life very deppreesing and a bit bleak i could not resist useing it to make our lives less bleak .

[bazaar]

Sunflower, well go for the 9.25, whichever is highest. hit em where it hurts I say,

[sunflower99]

I certainly will!

[Mydogsawestie]

The thing about time off work - if you claim for missing work due to a hearing - you claim either £9.25 per hour OR the loss of earnings - you can't claim both for the same activity. Loss of earning is as bazaar points out an expense so it is in addition to anything claimed under the two thirds rule

 

Hi IGNM in my case a days pay is more than £9.25 an hour, trouble is work did not know I was in court that day, I mean who would want to advertise that amongst your colleagues! I therefore got docked a days pay for emergency time off for dependants (my son off school ill that day). Will put it down as an expense then when I do my figures once the order from the court arrives.

[WelshMam2009]

Don't want to take this off thread, but I was confused by the argument about the DN service and MBNA quoting CPR 6.26.

 

I follow that CPR 6.1 states:

 

This Part applies to the service of documents, except where –

(a) another Part, any other enactment or a practice direction makes different provision; or

 

and we have the THE INTERPRETATION ACT 1978 AND THE QUEENS BENCH PRACTICE DIRECTION 1985.

 

But why is the above applicable and not the CPR?

 

I'm confused sorry and want to understand the difference!!

 

But well done MDAW...I'm loving the 2/3rds rule for costs!!

 

[Mydogsawestie]

My understanding taken from other threads

 

CPR in court they were referring to is :

 

PART 6 - SERVICE OF DOCUMENTS - Ministry of Justice

 

would not be applicable in any event, as it's to do with Service of Court related documents. That doesn't even mention 2nd Class, for example.

 

Also may be wholly to do with Claim Forms and all the related correspondence that is sent in relation to a Claim.

Note the first bit:

Quote:

I SCOPE OF THIS PART AND INTERPRETATION

 

Part 6 rules about service apply generally

 

6.1

 

This Part applies to the service of documents, except where –

 

(a) another Part, any other enactment or a practice direction makes different provision; or

 

(b) the court orders otherwise.

 

(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)

 

I take that to mean this area of CPR applies, unless something else already applies, such as The Interpretation Act 1978 and The Queens Bench Practice Direction 1985 that clarified the Interpretation Act 1978 to cover 1st Class (+2 Working Days) and 2nd Class Postage (+4 Working Days).

 

The CPR is therefore not the correct reference, because applicable enactments and practice directions already apply when it comes to general documentation and notices that are not, in themselves, directly part of a Claim at the time they were sent?

 

 

 

 

[WelshMam2009]

Thanks MDAW...I get it now...court related documents!!

 

I had also noted that only first class post was incorporated in the CPR 6.26 and have not experienced MBNA using that with DN's to date.

 

Many thanks for the clarification...will be copying and pasting!!

[sunflower99]

Other Information

 

 

 

 

 

 

 

 

 

 

Section I

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

Hi Mydogasweetie

Did you sign and date this above extra paper you enclosed with your AQ form giving the other information and Draft order for direction? As i have printed out my pages virtually identical to these! in the end it went to two pages so i headed up each paper with my claim number and all the court ref numers and names of Defendant and claimant and on second page i also headed it Section I other information countinued Draft Order For Directions? and printed out rest which was the specfic Draft Order Directions,However as they are seperate papers from original forms i wondered if i had to sign and date them or not? As i was not required to sign and date each page of original AQ form apart from the last page i assumed not! but just wanted to check! Also someone told me it is a good idea to write Defendants copy on the seperate pages as well Hope you dont mind me asking on your thread but as you got through AQ stage and SJ very successfully i thought you would be a good person to ask! Well done by the way! Brilliant you managed to give Restons a kick up the backside! Every victory someone has on this forum is a victory for us all as well!

[Mydogsawestie]

Hi Sunflower99 I only signed the last part of the AQ not the individual papers. I used the above courtesy of CCM and also added in some further details in particular to my case too. Feel free to use with pleasure but I did not sign these copies, just stapled it altogether.

N150 Section H Other Info Draft for direction.doc

[sunflower99]

Hi Sunflower99 I only signed the last part of the AQ not the individual papers. I used the above courtesy of CCM and also added in some further details in particular to my case too. Feel free to use with pleasure but I did not sign these copies, just stapled it altogether.

Hi Mydogasweetie!

Thanks for confirmation and help you been brilliant! :)i thought i probably would not have too! but wanted to make sure i did not make any mistakes! Thanks again xx

[Josie8]

You did well:)

[Mydogsawestie]

Update - having attended court on the 13th July I have not received my court order regarding the next stage from the DJudge yet. I have rang the court to check (incase something may have got lost in the post) as I was expecting something after 2 weeks of the hearing.

 

They told me a judges 2 wks is different to our 2 wks and today I found out he is on holiday just now so the file is being reserved for him still.

 

Guess no news is good news for the time being eh!!!

[car2403]

Canny golfing trip that!

[Mydogsawestie]

Canny golfing trip that!

:lol::lol:

[ekim777]

Hi, Well done what a cracking result I don't think I could be as good as you, I get really confused and everything I need to reference I can't find, I will have to get my act together for next week, but again my hat off to you! Go get em!

 

Ekim777

[Mydogsawestie]

Update - having attended court on the 13th July I have not received my court order regarding the next stage from the DJudge yet. I have rang the court to check (incase something may have got lost in the post) as I was expecting something after 2 weeks of the hearing.

 

They told me a judges 2 wks is different to our 2 wks and today I found out he is on holiday just now so the file is being reserved for him still.

 

Guess no news is good news for the time being eh!!!

 

 

Still no news? Is this unusual for a judge to take so long in giving directions from my SJ hearing Mid July or should I still sit tight :-? Will I be tempting fate if I ring the courts again?

 

Sorry to be a pain asking, its just that I keep waiting for the post to arrive each day for it all to be sorted sooner rather than later (Christmas time) & the suspense is getting to me now.

 

Should it be taking this long, is this normal?

[bazaar]

You could always call the court clerk to enquire, might put your mind at rest

[Mydogsawestie]

Just rang the court again today, it seems the DJ is still on hol they dont know when he is back, file reserved for him still & the Clerk told me the Claimants had been onto them this week too.

 

Is it normal to take this long in issuing directions anyone?

[Josie8]

Just rang the court again today, it seems the DJ is still on hol they dont know when he is back, file reserved for him still & the Clerk told me the Claimants had been onto them this week too.

 

Is it normal to take this long in issuing directions anyone?

 

 

Yes

[freethemice]

Could it be that the directions are just caught up in the backlog of paperwork and the judge been on holiday is just an exuse. On my initial hearing it took a good 2 month after the judge gave his order for me to receave a copy.

These cases do seem to drag on forever.

[freethemice]

Phoned Wakefield county court. Apparently Nationwide filed a wad of forms with their Aq without giving me a copy. She wouldn't send them on as the documents were so substantial.

Today issued another cpr 31.14 request to Nationwide for a copy of these documents along with a cpr 31.15 request to inspect the cca, terms and default notice.

Also repeated my offer of £16.01 and asked Nationwide just what they hoped to gain if they continue thier action.

A judge wouldn't award more than I can afford even if they won so all this is about is getting a charging order which is an abuse of the court system.

[Mydogsawestie]

Could it be that the directions are just caught up in the backlog of paperwork and the judge been on holiday is just an exuse. On my initial hearing it took a good 2 month after the judge gave his order for me to receave a copy.

These cases do seem to drag on forever.

 

Well no news is good news for me, it just surprises me that on other threads court directions seem to arrive much sooner than mine which has been 2.5mths now:confused:. In the meantime I am spending my time reading & keeping abreast of as much ammunition as possible for when that time happens :idea:

[freethemice]

I did have to phone the county court to get a copy of the directions and the other sides AQ's. Not sure how long it would have taken had I left them to it.

While your stuck twiddling your thumbs you could always have a look at my thread G***** v Nationwide credit card

Not in court again until the middle of November but am wanting advice as to wether I've got a good chance of claiming that the card they sent was unsolicited goods as per the 1971 unsolicited goods act.

 

Just a thought!

[Mydogsawestie]

11th AUG -Update - having attended court on the 13th July I have not received my court order regarding the next stage from the DJudge yet. I have rang the court to check (incase something may have got lost in the post) as I was expecting something after 2 weeks of the hearing.

 

They told me a judges 2 wks is different to our 2 wks and today I found out he is on holiday just now so the file is being reserved for him still.

 

Guess no news is good news for the time being eh!!!

 

11th SEPT -Just rang the court again today, it seems the DJ is still on hol they dont know when he is back, file reserved for him still & the Clerk told me the Claimants had been onto them this week too.

 

Is it normal to take this long in issuing directions anyone?

 

Update again guys.....I rang the court again today to see if any directions from the judge had been done yet (feel I need to ask just in case they get way laid in the post?) Seems its still with the DJ until he reserves judgement AND was told by the court he is allowed to keep the file as long as he has to and they can't be chivvied along. She mentioned this as the claimants Restons/MBNA were chasing them again yesterday!!

 

Oh well I will continue to sit tight till he's ready, however still find it bizaar this going on for 3.5mths now.

 

Will dream on in the meantime for the DJ to sit on it indefinite

[car2403]

Has he eaten it?