Court letter received...help please

[georgie]

Hi all,

I have just received a letter from my county court titled "general form of judgement or order" which states an order of the courts own initiative that 1) the claim be "stayed" for possible settlement

2) the claiment do file with the court as to whether the claim has been settled.

 

Please can someone explain this to me... i think i have a good idea what it is but need clarification please

 

thanks G

[newacre]

georgie

 

i haven't got to that stage yet but it sounds like they have applied for a stay to 'negotiate' a settlement. it is standard practice but don't hold your breath waiting for them to get in touch. it is just a delaying tactic.

[gizmo111]

Hi all,

I have just received a letter from my county court titled "general form of judgement or order" which states an order of the courts own initiative that 1) the claim be "stayed" for possible settlement

2) the claiment do file with the court as to whether the claim has been settled.

 

Please can someone explain this to me... i think i have a good idea what it is but need clarification please

 

thanks G

 

How long is the stay for?

[georgie]

Thanks for advice....the stay is for 1 month expires on 6th december

[gizmo111]

Read BankFodders advice here on these type of stays http://www.consumeractiongroup.co.uk/forum/showthread.php?t=10661&page=5

[georgie]

thanks a lot gizmo.... a great help

[georgie]

Hi All,

I have read bankfodders advice as to what to include i my letter about the stay to SC&M but am worried i will cock up the letter. is there a template as to what to write or should i just do my best. any help would be appreciated

 

thanks

 

 

 

G

[gizmo111]

Hi All,

I have read bankfodders advice as to what to include i my letter about the stay to SC&M but am worried i will cock up the letter. is there a template as to what to write or should i just do my best. any help would be appreciated

 

thanks

 

 

 

G

 

Modify this to suit yourself - i got stay lifted with this

 

I respectfully request that the stay which was ordered on the 26/09/2006 be removed.

It is submitted that in a claim for £xxx, where the defendant has in paragraph 10, of their defence admitted approximately one third of that claim but to date have not discharged their financial obligations under that admission, a stay for settlement between the two parties is not reasonable. I enclose a copy of further attempt by myself to the defendant to enter into a meaningful dialogue with myself.

I therefore respectfully request that in addition of themoval of the stay that judgement be entered against the claimant in the sum of £xxx representing the part of the claim that the defendant admits.

The Overriding Objective

It is submitted that the Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. There is no complicated issue of law. The common law relating to contractual penalties is settled law since the late 1800s and has been reinforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999 which itself is the result of a European directive.

 

it will be settled out of court and therefore produce no useful decision from a higher court.

It is further submitted that the defendant in the instant case has no intention of going to a hearing.

It is submitted that the pattern of cases settled so far suggests very strongly that the banks are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing their legitimate Right.

It is submitted that this is abusive of the justice system and of the public resource.

 

 

Balance of convenience

The defendant has entered my name on the default register, which it and other banks routinely do in respect of unlawful penalties which are unpaid by their customers. The banks have direct and privileged access to this register. They have no need to obtain a County Court judgment before they may enter a default on the register. This default remains on the register for 6 years and causes enormous damage to reputations. Whilst my name remains on the default register as a further penalty for paying unfair charges I am finding it impossible to get credit or a mortgage without paying higher charges.

It is submitted that a stay may potentially mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the banks litigation strategy, which is to take the claimant to the door of the court and then to settle the claim.

 

The Status Quo

The stay does not maintain the status quo. As submitted above, a stay favours the bank by preventing the claimant’s pursuit of his legitimate remedy without placing any restriction upon the banks activities which the claimant submits are unlawful and/or retaliatory.

 

The OFT and their powers under the Unfair Terms in Consumer Contracts Regulations 1999

The Unfair Terms in Consumer Contracts Regulations 1999 gives the power to the Office of Fair Trading to seek injunctions to prevent the use of unfair terms in consumer contracts. More than that, the UTCCR specifically prevents the private citizen from pursuing this remedy on his own behalf.

The OFT conducted a 2-year investigation of the contractual charges regime. They received a great deal of confidential evidence from the banks.

The OFT has already announced that it considers that the contractual penalty charge regimes of these financial institutions are unfair.

It is not at all clear why the OFT has not now proceeded to seek injunctions in the face of the banks’ refusals to comply. This is particularly serious when the Regulations have prevented the citizen from doing so.

In the alternative

If the court decides not to accede to my request to remove the stay I respectfully request that the court issues the following injunctions:

• That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.
  
• That the defendant remove any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998)
  
• That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)
  
• That these injunctions remain in place until the settlement of my claim
  
• That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent
  
• That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent.

Additional orders

If the court does accede to my request for a removal of stay then I respectfully request that the case be allocated to the small claims track but that the defendant be ordered to make standard disclosure.

It is submitted that an order for standard disclosure will assist greatly in bring these and other similar claims to a speedy and just conclusion.

The matter is suitable for the Small Claims Track as it involves no issue of law – the law is well established. It only involves questions of fact – in particular the true costs of the banks default charges system. The OFT has already formed its conclusion about this. Standard disclosure will put the matter beyond doubt. As I rely upon the bank as my fiduciary it is clear that they have a duty to act in utmost good faith in relation to their conduct of their contract with me. I submit that they do not act in good faith in relation to me or their other customers in the matter of penalty charges.

Yours faithfully

[georgie]

Thanks Gizmo...again....so you think it is worth getting the stay lifted rather than enter further dialogue with SC&M to try and reach a settlement before court?

 

G

[GaryH]

You could do both. As well as trying to get the stay lifted, you can also try to put pressure on Lloyds solicitors to settle. They asked for the stay after all, so to not attempt to settle after indicating they would is an abuse of the system and a possible breach of Cival Procedure Rules. Use this letter if you like;

 

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested that this stay be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

 

As such, I will expect a response prior to the date set by the court, **/**/** informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

[gizmo111]

I thought the stay was ordered on the courts own initiaive?

[georgie]

Thank you Gary. The court letter quotes "order of the court's own initiative" does that mean the court is recommending to come together for a settlement or is it just a standard "stay". Also the AQ from SC&M only says they cannot make OCT&NOV but does not indicate they want the stay for settlement reasons. Sorry but just want to get this right

 

many thanks to u all

 

G

[georgie]

Yes Gizmo it does. So do you recommend writing to the court as you said earlier or try SC&M first??

 

G

[gizmo111]

Yes Gizmo it does. So do you recommend writing to the court as you said earlier or try SC&M first??

 

G

 

Wel lthe court to have the stay lifted - and send somrthing like this to solicitors

 

I write with regards to the above claim made myself against , and District Judge Watson’s order for stay of the case, dated 26 September, a copy of which I enclose for ease of reference.

My understanding of this is that this has been ordered, so that the issues of the claim can be clarified between the two parties in order for a just result to be reached, such as that which would be reached in court, but without the help of the court.

I refer to your letter dated 28 July where you confirm that the default charges I have been charged on my account are in fact fees for breach of contract. Bearing this in mind I agree that you are and always have been entitled to charge a fee for breach of contract but not one that exceeds your actual losses and from which you profit. This is settled law, and cannot therefore be disputed, or challenged in court.

I have requested from you repeatedly to provide me with a breakdown of charges and your actual losses in my case. To date you have not made this information available to myself. Should you now feel able to share this information with me, after examination I will concede to pay whatever the breakdown discloses as your actual losses.

To summarise I therefore require disclosure of your losses resulting form my breaches of contract with yourselves, in order for a timely, mutually agreeable settlement to be reached before 17th November.

Good luck - obviously amend to suit.

[georgie]

Thank you once again.... I will get typing now and let you know when i get a response.... could be a long wait!!

 

 

G

[GaryH]

Yes, the order is of the courts own motion. But it was still at the request of SC&M, and if they had not of asked for it it would almost certainly not have been granted. To request a stay for settlement then not make an attempt to settle is a breach of the CPR's, and it is entirely justified to put pressure on them on those grounds.

[GaryH]

Also the AQ from SC&M only says they cannot make OCT&NOV but does not indicate they want the stay for settlement reasons.

 

Sorry, I've just noticed this. Just to clarify - so they have'nt ticked 'yes' in section A - settlement? If not and they have'nt requested the stay then obviously that changes things and the letter I just posted won't apply. Apoligies I did'nt notice that before. This would represent a shift in tack though, they've always ticked yes to the stay for settlement section untill now on every AQ.

[GaryH]

I refer to your letter dated 28 July where you confirm that the default charges I have been charged on my account are in fact fees for breach of contract.

 

Gizmo,

 

Is it definately Lloyds that sent you that letter? If so this would be very useful to any Lloyds claim.

[gizmo111]

Gizmo,

 

Is it definately Lloyds that sent you that letter? If so this would be very useful to any Lloyds claim.

 

No it is citi.

[GaryH]

Ah, thats a shame, I thought they'd slipped up there for a minute! Never mind.

 

Obviously make sure you don't put that bit then Georgie - remember its a bit different with Lloyds, they go for the 'service charge' nonsense in defence.

[georgie]

Gary....a massive thank you is due..... stupidly I missed the settlement in section A they have ticked yes. I will beat myself with a stick and now pay more attention.

 

G

[GaryH]

Ah, I thought that was a bit strange!

 

In that case, whether you try to lift the stay or not, I would definately advise that you send them the letter I posted earlier on. Send a copy to the court too.

[georgie]

Thanks again Gary,

I have just printed two copies, one for the court and will set in in motion again and time to switch off for the weekend!!

 

G

[georgie]

Hi all,

Would you advise I send a reminder to Sc&m after one week as Bankfodder suggests or wait until they contact me?

 

Thanks G

[gizmo111]

Hi all,

Would you advise I send a reminder to Sc&m after one week as Bankfodder suggests or wait until they contact me?

 

Thanks G

 

If you have no reply then reword and repeat letter- you are showing the court that you have made every possible attempt to enter into meaningful dialogue with them and have had no response and therefore any further stays mediation etc is pointless.