Teebum V Abbey **** WON !!!! ****

[teebum]

I have had two orders in total the first one asking for bundles(23/11/06) and the second for standard disclosure (29 dec 2006).

 

Is this letter ok

 

 

District Judge Hickman

C/O The Court Manager

Milton Keynes County Court

Court Address

Postcode

 

Monday, January 15, 2007

 

Dear Sir/Madam,

 

******** -v- Abbey Plc

Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge Hickman dated 29th December 2006

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I can confirm that my documents were filed on 18/12/06 and served to the Defendant on 19/12/06 The Defendant did not respond to the original directions dated 23/11/06.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

Yours faithfully

[teebum]

Sorry could not wait to send letter to excited,,,,,

[blueskies]

Letter looks fine to me, good luck

[Lula]

Wow, Tee they really are drawing this one out aren't they, you have been so strong, not long to go now - soon it will be a case of (AS I read somewhere on here once) "Complete cowardice and utter capitulation"

[Glenn UK]

I have had two orders in total the first one asking for bundles(23/11/06) and the second for standard disclosure (29 dec 2006).

 

Is this letter ok

 

 

District Judge Hickman

C/O The Court Manager

Milton Keynes County Court

Court Address

Postcode

 

Monday, January 15, 2007

 

Dear Sir/Madam,

 

******** -v- Abbey Plc

Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge Hickman dated 29th December 2006

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I can confirm that my documents were filed on 18/12/06 and served to the Defendant on 19/12/06 The Defendant did not respond to the original directions dated 23/11/06.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

Yours faithfully

 

 

 

 

 

Have you sent the letter yet? have some other thoughts

 

Glenn

[teebum]

Have sent the letter, but am interested in your other thoughts

[Glenn UK]

Tee

 

i wold have added abuse of process and a defence consisting of bare denial.

 

I would also have sent the two orders we have recently obtained re disclosure and striking out the dfence for the court to consider.

 

GLenn

[teebum]

I thought that the letter I sent was asking for defence to be struck out

 

'Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.'

[Glenn UK]

Tee

 

 

3.4 (1)In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)The court may strike out (GL) a statement of case if it appears to the court –

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

©that there has been a failure to comply with a rule, practice direction or court order.

 

You have only asked for the defence to be struck out on the basis of failure to comply with rule, practice directions or order (3.4.2.c), i was suggesting adding in a and b.

 

HTH

 

Glenn

[teebum]

What do I do next, now that I have sent the letter. Confirmed with court that they have received it. They have.

[Glenn UK]

it doesnt matter tee, you havent done anyhting wrong, if you hadnt have sent it we could have added the other stuff in too but its not critical.

 

HTH

 

Glenn

 

PS Karne i cant edit or add to that thread, ill try to draft something with some note and email it to you.

[teebum]

Thanks Glenn, don't know what HTH is though LOL

[Glenn UK]

hope that helps

 

lol

 

Glenn

[teebum]

Should I ring Inga and tell her the latest position?

Or let the court make the play?

[teebum]

tHJust had a phone call from Inga at Abbey. She has given me a full settlement and cheque on its way.

 

WON WON WON WON

 

Thanks to you all, without CAG I would never have done it. More battles to fight now. Bring it on.

[Glenn UK]

LOL well done

 

Had she had your motion to strike or was this a seperate matter?

 

Glenn

[teebum]

She said that she had only today received the order from court

[charleyfarley]

Well done T........this thread is a classic!!!

[Lula]

Well Done Tee, Flamin eck, they made you wait didnt they - so you go and enjoy itLOL

[noobrider]

Congrats Tee...pleased for you...and dead jealous too...wish they'd settle mine

[teebum]

Karn paid full amount of charges on the microfiche statements, full costs (250 court, 100 AQ and 49 hours prep time)

 

Have I missed something?

[teebum]

Rate was £9.25 per hour and yes interest was added. I had my microfich statements and we went through them on phone

[teebum]

She asked me to accept offer and I said I would if they paid the prep time involved.

[Lula]

OMFG!!! LMAO Well done!!!!

[joneshousehold]

Carry that person shoulder high. 49 hours at £9.25 - fantastic!