Shoesmiths Claim Form For Natwest loan, 7 days to reply !

[dck321]

[ATTACH=CONFIG]43076[/ATTACH]

 

[ATTACH=CONFIG]43077[/ATTACH]

 

 

 

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Edited April 11, 2013 by citizenB
reorganised attachments

[citizenB]

There is a link in each post that might need sorting out. I would rename them and repost them as it would appear there is a hyper link that is corrupting things.

[dck321]

[ATTACH=CONFIG]43080[/ATTACH][ATTACH=CONFIG]43079[/ATTACH][ATTACH=CONFIG]43078[/ATTACH]

[dck321]

[ATTACH=CONFIG]43085[/ATTACH][ATTACH=CONFIG]43084[/ATTACH][ATTACH=CONFIG]43083[/ATTACH][ATTACH=CONFIG]43082[/ATTACH][ATTACH=CONFIG]43081[/ATTACH]

 

are these ok

[dx100uk]

yep great just rename

aq pg 5

and try that again.

 

rather that posting the link

 

look below the msg box you type in to reply

next to the 'post quick reply' button

hit the go advanced button

hit the manage attachment button

 

then attach them.

 

dx

[citizenB]

Much better

[citizenB]

I could have sworn I posted some comments earlier on !

 

I see they have ticked the boxes for a stay for mediation

 

In Section C - I see they haven't ticked that pre action protocols have been followed- does this mean that they haven't ?

[dck321]

I could have sworn I posted some comments earlier on !

 

I see they have ticked the boxes for a stay for mediation

 

In Section C - I see they haven't ticked that pre action protocols have been followed- does this mean that they haven't ?

 

 

who knows they will probably say it was a mistake

[dck321]

i also see they have estimated costs at 8000 pounds

and in the draft directions are the time scales normal?

 

thanks

[citizenB]

Yes, the time of 3 hours is pretty standard.

[dck321]

No I meant the time scale of the directions that go up until December 2013?

[citizenB]

Ooer, they must be busy at your local court !

[DonkeyB]

OK, time to do your AQ and do YOUR draft directions...

[dck321]

hi

 

as they have now filed there aq does that mean the court made them do it as they asked for yet another stay originally?

as i filed mine when it was originally requested several months ago.

 

what do you suggest i should put in my draft directions

[DonkeyB]

Given the circumstances, I think you are fully entitled to refile your draft directions, as you have been severely prejudiced by the claimant’s abuse of process. Call your new-found friends at the court and politely ask them! They can’t give you legal advice, but they may say just send it with a letter and we’ll put it before the judge.

 

They should be refused another stay – they are trying for it by the back door.

[dck321]

hi again

 

have just spoken to the court for some reason he was talking down to me stating that i had no right to question the claimants stay!!!

and they had had the claimants aq the same time as mine and as we had both agreed for a settlement they can keep asking for a stay as settlement had not been sucsessful to which i stated that there had been no attempt at all from the claimant to settle to which i was asked have you rang them to settle as it is a 2 way street!!! and i also asked if december 13 for trial he said shoosmiths are a very busy firm and probably just want to give themselves time to sort out the case!! (it seemed like they wouldnt have a bad word said against shoosmiths)

once he had done his standard speel i asked him to get a supervisor who then apolagised and stated that had not actually received an aq from shoosmiths and having received my refusal of another stay the court requested shoosmiths send aq in and was sanctioned 5th of april which give them 7days and i received on the 11th! they have not yet received the aq but once received it will get transfered to the local court

and i can file draft directions at any time.

[DonkeyB]

OK, we need to work on those revised directions then.

 

Well done. Persistence and politeness can get you a very long way.

[dck321]

thanks

 

could not have got this far without the help from all you guys

[DonkeyB]

Shoosmiths are behaving very badly here, and are clearly abusing process. That’s what we need to get across in your statement/draft directions.

[dck321]

Shoosmiths are behaving very badly here, and are clearly abusing process. That’s what we need to get across in your statement/draft directions.

 

Yes i agree

[citizenB]

Well done for persevering.

[dck321]

[ATTACH=CONFIG]43359[/ATTACH]

 

good morning citizenB

 

have received this letter this morning but i do not really understand it,

was wondering if you could please explain in real terms what is the happening now.

 

And also regarding shoosmiths draft directions

 

i am stuck as to what to put in my new counter draft directions

as was mentioned to me shoosmiths have acted very bad

but i find it hard to put it in such a way that the court will understand what i mean.

 

and advice will be welcomed

 

thanks in advance

[AndyOrch]

Hi dck

 

 

Did you not file directions with your AQ?

 

Regards

 

Andy

[citizenB]

[ATTACH=CONFIG]43359[/ATTACH]

 

good morning citizenB

 

have received this letter this morning but i do not really understand it,

was wondering if you could please explain in real terms what is the happening now.

 

And also regarding shoosmiths draft directions

 

i am stuck as to what to put in my new counter draft directions

as was mentioned to me shoosmiths have acted very bad

but i find it hard to put it in such a way that the court will understand what i mean.

 

and advice will be welcomed

 

thanks in advance

 

It would appear that the claimant has confirmed they are proceeding. Northampton has now transferred it to your local court. You will receive an Allocation questionnaire which is simply another form that you need to complete, it will help the court with the case management. You will then receive notice of hearing date and track.

 

andyorch will have to advise on the other questions.

[DonkeyB]

Quick recap for Andy’s benefit – claimant requested a stay BEFORE filing their AQs ‘to narrow issues’. This was granted without referral to defendant.

 

No contact subsequently made with defendant to ‘narrow issues’.

 

Claimant made another app for further stay on same grounds – defendant refused, as allowed by CPR.

 

Claimant filed AQ with directions prejudicial to defendant.

 

Need now to file some requested directions for defendant to force claimant to reveal their documentation, which they have so far refused to do.

 

Hope this helps.