Court Claim for O/draft from Nthmtn (CCBC)

[citizenB]

r&b, apologies for hijacking..

 

Andy, if you have a few moments, could you please look in on this guy...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/171510-nottsdave-capquest-court-date-34.html#post2248493

 

Much appreciated.

[r&b]

ok all printed up and signed ready to go.

ive attached a letter of explanation to thE DJ on the WS....this is the letter of complaint ive drafted to the court manager re the conduct of ****:

 

To the Court Case Manager

Dear Sir

I write regarding the handling of the above case. Firstly may I outline the build up to this problem

8th June 2009 – Lloyds, Sechairi Clark & Mitchell (SCM) secure Witness Statement

9th June 2009- Northampton CCBC send out Allocation Questionnaire due 26th June 2009 at xxxxx CC, due to transfer to my local Court as I am a Litigant In Person

12th June 2009- Application made by SCM for Summary Judgment

23rd June 2009- Bundle delivered to my address from SCM including Witness Statement

26th June 2009- Allocation Questionnaires due for submission

1st July 2009- Hearing for Summary Judgment

I have to date received no notice of the Summary Judgment hearing on the 1st July 2009, which according to Court Office staff was sent on 12th June 2009. I have to date received no Allocation Questionnaire from SCM in regard to the original claim. I received on the 23rd June 2009 a bundle from SCM including a Witness Statement in regard to the Summary Judgment application made on the 12th June 2009, leaving me a mere 7 days, including a weekend, in which to prepare a case in defence of said application for the hearing and no time at all in order to file and serve within 7 days.

As a Litigant In Person, I was of the impression that Summary Judgment should be sought at the Allocation Questionnaire (AQ) stage of proceedings, leading me to believe that SCM have indeed filed their AQ, which I am still awaiting. Should that not be the case and they have not submitted their AQ, I would ask that you kindly explain the protocols involved in such a case

I would appreciate your thoughts as to why I have not received the notice of hearing for the Summary Judgment and the conduct of Lloyds Tsb Bank Ltd and their in house Solicitor Sechiari Clark & Mitchell with regard to this case

Yours Faithfully

r&b

 

if anyone has any comments get em in quick cos this will be in the postal system and delivered to court mid morning

thanks

Edited June 25, 2009 by r&b

[Tonka99]

Hi r&b

 

You are having a rough time with Lloyds and SCM , I did

wonder if it was only me they had it in for ,but following all

the other Lloyds threads im not so sure I think they are just

the worst and do need to be put firmly back in their place, they

are not above the LAW only thing is we as Litigant in Person

cannot afford the expensive Barrister to do it for us .

 

I am really finding it hard going at the moment you are very lucky

as you have Andy to guide you, im following closely as I too have

a SJ hearing soon and have no Idea how to cope as at the moment

I have a very Ill OH and its Glastonbury which is very close to us so

busy trying to look after the Business.

 

I wish you the very best of luck and will keep everything crossed

for you .

 

Be lucky

 

Tonka 99

[AndyOrch]

I am furious that the Court staff are giving you the runaround like this! Do they know anything about the CPR??? I'm beginning to think NOT! Given that they have not had the courtesy to do this,Any documents filed at the Court should also be served on the other parties in the case. The Court staff clearly do not understand the concept of "filing and serving" and are acting in a way that is prejudicial to your case. Given that the Claimants have made an application, you are entitled to see it, (and a good job the Claimant sent you their bundle) so that you can decide if you want to submit one also, then the Judge can consider both applications and make an "informed" decision.

 

Lets assume the Judge decides they can have a Summary Hearing. This will be communicated to you via an Order sent in the post. The Order gives either party (usually) 7 days to apply to vary/object to the Order. So you would then file your app notice, explaining in your letter that you were denied the opportunity to also file an app notice at more or less the same time as the Claimants, as they conveniently sent you a copy very late in the day. Furthermore, the situation was compounded by the Court not sending out the Notice of hearing Summary Judgement. How on earth can either the behaviour of the Claimant or Court staff be said to be working in conjunction with the Overriding Objective as the CPR requires? Both the Claimant and Court staff are frustrating the legal process, one deliberately, one probably out of ignorance, but nevertheless this impacts upon your case!

 

Your complaint R&B should be reported to the Civil Section Court Manager, detailing some of the points I have raised in this post. If he/she acts unreasonably, take the details to make a formal complaint, as this is unacceptable. The bottom line is, it's not your fault that the Court did not serve the app notice hearing order on you and the 1st you knew about it was in the Claimants Bundle for SJ. You should not be at a disadvantage because of the Claimants dubious practices! Or the Courts inefficiency

R&B you can down load the form EX343 attach your complaint to it and get it off to you local CC

 

Rant over Ps thanks for your kind comments Tonka and support for R&B

 

Regards

 

Andy;)

Edited June 25, 2009 by Andyorch

[r&b]

hi andy,

thanks again for the input. im attaching this to the complaint form to the court:

 

Timeline of case:

8th June 2009 – Lloyds, Sechairi Clark & Mitchell (SCM) secure Witness Statement

9th June 2009- Northampton CCBC send out Allocation Questionnaire due 26th June 2009 at xxxxxx CC, due to transfer to my local Court as I am a Litigant In Person

12th June 2009- Application made by SCM for Summary Judgment

23rd June 2009- Bundle delivered to my address from SCM including Witness Statement

26th June 2009- Allocation Questionnaires due for submission

1st July 2009- Hearing for Summary Judgment

I have to date received no copy of the Order nor Notice of this Summary Judgment Hearing to be heard on the 1st July 2009. Having received the bundle from SCM on 23rd June 2009, I enquired to the Court Office as to why I had not received the Notice of Hearing, to which the reply came that it was sent on 12th June 2009. No delivery has been made.

I have to date received no Allocation Questionnaire from SCM in regard to the original claim. The fact that I received on the 23rd June 2009 a bundle from SCM including a Witness Statement in regard to this Summary Judgment application made on the 12th June 2009, was the first instance of my knowledge of this application and left me a mere 7 days, including a weekend, in which to prepare a case in defence of said application for the hearing and no time at all in order to file and serve my response within 7 days.

I believe that the AQ of SCM must have now been submitted in order to have made the Summary Judgment Application and am at a loss as to why I have not received a copy of the same. Perhaps you could clarify this for me?

In failing to deliver neither the Order nor Notice pursuant to this hearing, I have been left severely disadvantaged as I have been denied the opportunity to file any Application Notice myself in variance or objection to the aforementioned Order.

The fact that SCM sent me their bundle exactly on the 7 day limit for service and no copy of AQ at all, has also prejudiced my case.

It is hard to see how the behaviour of the Claimant and the Court staff are in conjunction with the Overriding Objective required by the Civil Procedure Rules. It is my belief that knowingly or otherwise, the Claimant and Court staff are, in this case frustrating the legal process impacting adversely on my case.

I would appreciate your thoughts on the above in regard to this hearing for the Summary Judgment and the conduct of Lloyds Tsb Bank Ltd and their in house Solicitor Sechiari Clark & Mitchell with regard to this case.

 

 

im also considering a complaint to the SRA abt ****, ive got one to go in anyway regarding misleading letters, so i may as well add a drop/can/vat/tanker/refinery of petrol to the fire.

cheers

[r&b]

all posted to ****, complaint sent also. WS n AQ being delivered to court next couple hours.

[citizenB]

r&b,here is the address for complaints about solicitors

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

Mine was posted yesterday.

[r&b]

r&b,here is the address for complaints about solicitors

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

 

Mine was posted yesterday.

 

lol...like ur style CB gonna take my time making this up. make sure i get it all in....

cheers fo the help by the way

[r&b]

just gettin together all the statutes n stuff to dish out at the hearing on wednesday 1st, anyone point me to a website/link cos i cant find this anywhere:

 

Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

 

many thanks

[r&b]

found it....

here for future ref:

Council Tax Manual - Section 3 - Appendix 3.6 - Service of documents by post

 

Appendix 3.6 - Service of documents by post

 

http://www.voa.gov.uk/instructions/chapters/council_tax/council_tax_man_s3/Frame.htm[url=http://www.voa.gov.uk/instructions/chapters/council_tax/council_tax_man_s3/Frame.htm][/url]

Edited June 30, 2009 by r&b

[citizenB]

pleased you found it r&b

[r&b]

still gettin the statutes n stuff together for tom.#

seeing as ive received their costs, i take it i shud have put some in to them? question then is what is reasonable and can i take a schedule to court with me or present it to the solicitor b4 the hearing?

[AndyOrch]

Hi R&B I trust you are well

 

Ok would not do any harm to be prepared in the event of the Claimants case being struck out alll together consider the following:-

 

1) Time spent researching the Consumer Credit Act 1974 and the Regulations - XX hours

 

1.1) time spent researching and reading case law- X hours

 

1.2) time spent drafting defence and amended defence and allocation questionnaire -X hours

 

total 25 hours at the litigant in person rate of £9.25 per hour

 

these time scales are a conservative approximation, i feel that i have spent much more time than this however i am trying to remain reasonable

 

Other costs,

 

Printing, stationary and postage £10

 

Letter writing between the myself and XXXXXX and yourselves 1.5 hours £13.80

 

Total=£255.05

 

 

Regards

 

Andy

[r&b]

Hi R&B I trust you are well

 

Ok would not do any harm to be prepared in the event of the Claimants case being struck out alll together consider the following:-

 

1) Time spent researching the Consumer Credit Act 1974 and the Regulations - XX hours

 

1.1) time spent researching and reading case law- X hours

 

1.2) time spent drafting defence and amended defence and allocation questionnaire -X hours

 

total 25 hours at the litigant in person rate of £9.25 per hour

 

these time scales are a conservative approximation, i feel that i have spent much more time than this however i am trying to remain reasonable

 

Other costs,

 

Printing, stationary and postage £10

 

Letter writing between the myself and XXXXXX and yourselves 1.5 hours £13.80

 

Total=£255.05

 

 

Regards

 

Andy

 

hi Andy

thank you, i am in rude health sir, i trust u are the same.

many thanks for that i shall expand as required.

 

as u are online i wonder if i may pick ur brain, briefly i hope?

on reflection of my case here, regardless i can see no reason that SJ shud be granted, ive been looking for holes that cud be exploited. to my way of thinking the only way i can see a problem is them suggesting the account is not regulated once the overdraft is exceeded, possibly using s.82 cca regarding the variation of agreements.

it rears its head, along with a determination by the oft in this case, which altho not wholly relevant is appntly used in regard to the cca1974 and current accounts (or lack of use from our point of view). i believe here that coutts won on the basis that they had fulfilled every provision required, unlike my case.

putting ur attacking head on for a min, do u see any loopholes that need snipping b4 they unravel in here urself, assuming u have the time of course?

 

coutts-v-sebasteyn:

Coutts & Co v Sebestyen [2005] EWCA Civ 473 (28 April 2005)

 

many thanks as usual

[AndyOrch]

Hi R&B

 

Coutts & Co v Sebestyen [2005] EWCA Civ 473 (28 April 2005)

 

The above case is over 4 years old and as you would agree under a different climate than as todays.There have been amendents as you are aware along the way to the CCA 1974,I would advocate not letting this deter you from your case but stick to the facts and merits of your own case.I treat everycase individually.

 

Regards

 

Andy

 

Good luck for tomorrow R&B

[r&b]

point taken Andy many thanks

[Copier]

Good luck tomorrow R&B

 

Regards Copier

[Spamalot]

Hi R&B

Very best of luck for tomorrow and I hope everything goes your way

 

Spam.

[r&b]

thanks guys appreciate it. i ll update ltr

[r&b]

well not too much to report but got to court 45 mins b4 hearing to be told that my barristers car had broken down and was awaiting the AA? not my barrister i said (obviously other side) but kept quiet just in case it went under the radar. unfortunately not, but after waiting 1/2 hr after the hearing was due to begin, in i went, alone.

DJ (one ive had before) said even if they turn up now he cudnt get this sorted in the allotted time. he suggested that as id been so hurried this wudnt be a bad thing anyway. i asked if i cud amend anything shud it be necessary: "i cant possibly advise" came the reply.

so case adjourned, time allocated increased form 1hr to 2 1/2hrs !!! nice barrister bill coming there then !!!

 

now im a bit peeved by this as i think i had a slight advantage with the way things had been handled on the build up to this (wishful thinking!), however my turning up, leaving plenty of time may prove to help that anyway.

im not sure there is too much to amend anyway but as they have stuck their neck out on a SJ, can i do the same and attack their case as having no merit or is that inadvisable or not possible at the same hearing?

 

i forgot to ask abt the AQs as well as i still have nth from them. will call the court office in a day or so once the file is thru to see.

 

if anyone has any thoughts as to the next move, if there is one, id be delighted to hear them.

[Spamalot]

Hi R&B,

 

Sorry no comments or advice as I'm out of my depth on this.

 

Just wanted to pass on my commiserations with regards to the disappointment at the hearing being adjourned.... It's bl**dy irritating when LIP's pull out all the stops to do things right and the other side treat it as a walk in the park...Couldn't the barrister afford AA relay and a lift to the court!!

 

How long will you have to wait for another hearing now, have you any idea?

 

Spam.

[r&b]

hi spam thanks,

well hes asked for 2 1/2hrs, 1st avlbl after 14 days ....gotta ph court office cos ive got the double set aside at end of mth (same DJ lol) so dont want them on top of each other, as a male multitasking is not in my vocab and if they were on same day, id need sherpa tensing and a llama to get all the paperwork in there.

[AndyOrch]

Hi R&B

 

So all didnt go to plan and your waiting continues.Coincidental the Barrister car broke down, im sure it was nothing to do with him only recieveing your WS to obect to SJ the same day of the hearing.

Take the time to prepare and compose and revaluate anything that you may have missed.

 

Regards

 

Andy

Edited July 2, 2009 by Andyorch

[citizenB]

Oh dear, sorry to hear that r&b.

[r&b]

sending this letter of complaint to anyone who ll listen,mainly the DJ to try n stick the knife in. any comments appreciated:

 

replaced by letter in post #177

Edited July 16, 2009 by r&b