County Court Claim Form - Loan From HSBC - MKDP LLP Claimant***Claim Struck Out***

[gettingthere]

Now received letter from Northampton saying that this case is being transferred to our local county court.

[slick132]

Hi GT,

 

The case will be reviewed by a local Judge who will then issue Directions as to how the case is to proceed.

 

There may be a further suggestion that Mediation should take place but that can only happen with the co-operation of the Claimant.

 

[gettingthere]

We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

It states that on or before the 27th September one of the paragraphs should be complied with although the claim is stayed until 11th October.

 

Obviously we cannot meet the date of 27th September.

 

We have heard nothing from MKDP LLP regarding this claim and still have no documentation from them at all.

 

We assume that we send another directions questionnaire and draft directions as per post #73. If so we will post them on Monday for them to get there 1st October.

 

Should we ring court explaining that N.24 was not received until 28th September?

 

Will put attachment on in a moment - didn't work 1st time

Edited September 28, 2013 by gettingthere

[gettingthere]

[ATTACH=CONFIG]46635[/ATTACH]

 

Hopefully worked this time!

[slick132]

Hi GT,

 

I suggest you write to the Court Manager saying :-

 

The court directions form N24 was dated 13th September but was not issued until 24th September and gave a deadline of 27th September.

 

In view of the delay in sending out the directions, I respectfully ask that the deadline be extended to 11th October.

 

As I filed a Directions Questionnaire in August, please confirm if you require another.

 

A copy of this letter will be sent to the Claimant.#

 

You could then write to MKDP saying :-

 

I enclose a copy of my letter sent today to the Court Manager.

 

In view of the court's directions, please confirm whether you are willing to attempt to reach settlement without the court's involvment.

 

Please also supply the information that I requested in my letters dated xxxx and xxxx. If you fail to provide this information, the court will be informed as necessary.

 

[citizenB]

We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

That is the type of thing you would expect from a DCA, not a court !

[gettingthere]

We have sent a letter basically suggested by Slick132 above both to the court and also to MKDP LLP. We have also just as insurance sent another copy of Directions Questionnaire and Draft Directions to the court and MKDP LLP. Hopefully the court will now order MKDP LLP to produce the relevant documentation.

[gettingthere]

Nothing heard to date

[gettingthere]

Latest update - we have received a further N.24 Standard Order for Stay for Settlement from the court. It is in fact the same one as before but with dates crossed out and new ones inserted. So the claim was stayed until 22nd October (instead of 11th October) and by 22nd October (instead of 27th September) the same steps had to be taken. Again unbelievably this arrived on 22nd October having been posted 1st class on 21st October!

 

As we have already sent a completed directions questionnaire and draft directions to both court and MKDP (as a result of previous N.24) we assume that we need take no further action.

 

Again we have heard absolutely nothing from MKDP.

[slick132]

Hi GT,

 

The courts' actions here are unbelievable.

 

The silence from MKDP is good. They may have chosen not to send you copies of items they have filed at court, but you'll find out in time.

 

[gettingthere]

Update - Received today was a N.24 General Form of Judgement or Order. The District Judge Orders That The Claimant is to notify the Court of the outcome of the stay by 4pm 1st November 2013. This order is dated 23rd October 2013.

[citizenB]

So why did MKDP apply for the stay in the first place.. to negotiate ? But they have not contacted you at all !

[Guest]

i think it was auto stayed re mediation (usually 28 days min). under the rules, claimant then should notify court of outcome. and if they don't then J can make any order as sees fit in the circs.

 

nb. stay goes back a bit! #64, 79!

Edited October 31, 2013 by Ford

[gettingthere]

We will wait patiently for what comes next - it is now 6 months since the claim was issued!

[AndyOrch]

See if they respond to the General Order then by 4pm 1/11 and if not request the court impose sanctions....strike out............

 

 

Regards

 

Andy

[gettingthere]

Thanks Andy

[gettingthere]

The saga continues! We rang on Monday 4th November to be told that the Judge had not yet looked at the papers. Then today we get a letter from the court today dated 4th November extending the time MKDP have to respond to the N.24 until 4pm on the 14th November.

[AndyOrch]

[gettingthere]

I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

[citizenB]

I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

 

 

There you go then It is a shame it doesn't provide for any sanctions should they fail to obey the court.. such as a strike out of their claim

[gettingthere]

Good news this morning!

 

Another N24 General Form of Judgment or Order arrived. This one states Upon non-compliance with Court Orders 'It is ordered that 1. Claim Struck Out'

 

We assume that this is the end of this particular saga?

 

I cannot on behalf of my son-in-law thank everyone enough for the help that they have given us to get to this stage. In particular I would like to thank Andy for his help throughout.

[Guest]

[AndyOrch]

Well done gettingthere

 

Im delighted for you on this result.

 

Thread title amended to reflect the result.

 

Regards

 

Andy

[citizenB]

Brilliant news